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

Issue and request

The National Association of Boards of Pharmacy asked the court to conditionally seal portions of its memorandum opposing PharmacyChecker.com LLC’s motion to dismiss amended counterclaims under the District of Columbia Consumer Protection Statute. The requested sealing covered information designated as confidential, highly confidential, or outside-counsel-eyes-only under a stipulated protective order.

The letter requesting sealing stated that the memorandum also contained information previously permanently sealed by the court and information derived from documents designated as confidential by PharmacyChecker.com LLC. Under the protective order, PharmacyChecker.com LLC, as the designating party, had the obligation to seek permanent sealing under the applicable rules.

Court’s reasoning

The court recognized that judicial documents generally carry a presumption of public access, although that presumption is not absolute. It applied the framework requiring consideration of whether the material is a judicial document, the strength of the public-access presumption, and whether countervailing interests or higher values outweigh that presumption. The court concluded that conditional sealing was appropriate.

Ruling

Judge Kenneth M. Karas granted the defendant’s motion to conditionally seal the referenced material. He ordered that PharmacyChecker.com LLC’s motion to permanently seal the conditionally sealed materials was due no later than March 6, 2023. The Clerk of Court was directed to terminate the pending motion at Docket No. 338.