UMB Bank, N.A. v. Bristol-Myers Squibb Company

Background

Bristol-Myers Squibb Company asked the court to maintain under seal confidential discovery materials cited or quoted by UMB Bank, N.A. in UMB’s opposition to Bristol-Myers Squibb’s motion to dismiss for lack of subject-matter jurisdiction. The request was made under Federal Rule of Civil Procedure 26(c)(1)(G), which permits protective orders for confidential commercial information, and related local rules and court practices.

The requested materials consisted of 19 exhibits and limited excerpts from depositions of 15 witnesses. They appeared in the background section of UMB’s opposition, rather than in UMB’s legal arguments about its capacity to sue. Bristol-Myers Squibb argued that the materials were not relevant to the jurisdiction motion and that they included confidential regulatory communications, patient information, business strategies, proprietary methods, and trade secrets. It also argued that selective disclosure could mislead the public about the product discussed in the materials. UMB opposed the request.

Court’s Action

The court temporarily granted the motion to seal. The order states that the court will assess whether the materials should remain sealed or be redacted when deciding the underlying motion. The order does not decide the motion to dismiss, the parties’ contract claims, or the merits of their dispute.

The court also stated that UMB or any third party who believes the materials should be unsealed sooner may file a letter motion of no more than three pages seeking that relief.

Classification

This is a procedural order concerning temporary sealing of discovery materials and court filings. It does not resolve the underlying jurisdictional or contract issues.