PharmacyChecker.com LLC v. National Association of Boards of Pharmacy

Background

PharmacyChecker.com LLC asked to conditionally seal confidential information in its pre-motion letter concerning a planned motion to dismiss the National Association of Boards of Pharmacy’s amended counterclaim. The letter said the information was covered by the parties’ stipulated protective order and included material that PharmacyChecker.com had designated confidential or for outside counsel’s eyes only.

The opinion also refers to a conditional-sealing request by the National Association of Boards of Pharmacy. The court noted that judicial documents generally carry a presumption of public access, but that presumption is not absolute. It identified the relevant considerations as whether the material is a judicial document, the strength of the public-access presumption, and whether competing interests outweigh that presumption.

Ruling

The court granted PharmacyChecker.com’s letter motion to conditionally seal the referenced material in Docket No. 320. It also granted the National Association of Boards of Pharmacy’s letter motion to conditionally seal the referenced material in Docket No. 314. The court ordered that PharmacyChecker.com’s motion to permanently seal the conditionally sealed materials was due by December 2, 2022, and directed the Clerk to terminate the pending motions at Docket Nos. 313 and 318.