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

• Court: District Court, S.D. New York
• Decided: July 31, 2025
• Docket: 7:19-cv-07577
• Status: Unknown

Opinion

WASHINGTON, D.C. BRUSSELS PALO ALTO. BAKER BOTTS ur m8 Salas DUBAI SAN FRANCISCO TEL +1 202.639.7700 HOUSTON SINGAPORE FAX +1 202.639.7890 LONDON WASHINGTON BakerBotts.com

July 30, 2025 VIA CM/ECF Erik Koons Hon. Kenneth M. Karas TEL: 2026397973 Federal Building and United States Courthouse FAX: 202585 1086 erik.koons@bakerbotts.com 300 Quarropas St. White Plains, NY 10601-4150

Re: PharmacyChecker.com LLC v. National Association of Boards of Pharmacy, et al. No. 19-cv-07577-KMK; Request to Seal Defendant NABP’s Pre-Motion Summary Judgment and Daubert Letters. Dear Judge Karas: We represent Defendant National Association of Boards of Pharmacy (“Defendant”) in this case. Pursuant to Section [X(A) of the Court’s Individual Rules of Practice, Defendant respectfully submits this letter motion to file under seal the following: (1) Defendant’s Pre-Motion Letter for Summary Judgment and accompanying exhibits, (2) Defendant’s Pre-Motion letter to Exclude the Expert Opinion of Dr. Philip Cross and accompanying exhibits, and (3) Defendant’s Pre-Motion Letter to Exclude the Expert Opinion of Dr. Jonathan Hochman and accompanying exhibits (the “Sealing Papers”). The Sealing Papers describe and cite to documents that are either (1) designated Confidential, Highly Confidential, or Outside Counsel Eyes Only under the Stipulated Protective Order (ECF No. 181) by Plaintiff PharmacyChecker.com, LLC (“PCC”), or (2) currently deemed Outside Counsel Eyes Only pursuant to the Stipulated Protective Order because the period for designating such deposition transcripts has not yet lapsed. Legal Standard: While federal courts recognize a general common law right of public access to court records and proceedings, the right of access is not absolute, and courts have discretion to deny such public access where appropriate. Nixon v. Warner Comme’ns, Inc., 435 U.S. 589, 597-99 (1978)). “To determine whether documents should be placed under seal, a court must balance the public’s interest in access to judicial documents against the privacy interests of those resisting disclosure.” In re Utica Mut. Ins. Co. v. INA Reinsurance Co., 468 F. App’x 37, 39 (2d Cir. 2012) (citing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006)). Court documents may be sealed to avert “[p]otential damage from the release of sensitive business information” and protect from the disclosure of information that may harm a business’s ability to compete in the future. Bergen Brunswig Corp. v. Ivax Corp., No. 97-CV-2003, 1998 WL 113976, at *3 (S.D.N.Y. Mar. 12, 1998) (collecting cases); Standard v. Fin. Indus. Regulatory Auth., Ind., 347 F. App’x 615, 617 (2d Cir. 2009) (affirming district court’s sealing on grounds that the party’s “

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information that PCC has designated as Confidential, Highly Confidential, or Outside Counsel Eyes Only, in whole or in part, under the Protective Order, or that is deemed Outside Counsel Eyes Only under the Protective Order for a prescribed period of time that has not yet lapsed: Exhibits to Defendant’s Pre-Motion Letter for Summary Judgment 1. Exhibit A: June 27, 2025 Rebuttal Expert Report of Peter Kent 2. Exhibit B: June 27, 2025 Rebuttal Expert Report of J. Mark Farrar Exhibits to Defendant’s Pre-Motion Letter to Exclude the Expert Opinion of Dr. Philip Cross 3. Exhibit B: April 1, 2025 Expert Report of Philip J. Cross, Ph.D. 4. Exhibit C: Excerpts of May 1, 2025 Deposition of Philip J. Cross 5. Exhibit D: June 27, 2025 Rebuttal Expert Report of Peter Kent 6. Exhibit F: June 27, 2025 Rebuttal Expert Report of J. Mark Farrar Exhibits to Defendant’s Pre-Motion Letter to Exclude the Expert Opinion of Dr. Jonathan Hochman 7. Exhibit A: May 1, 2025 Supplemental Expert Report of Jonathan Hochman 8. Exhibit B: Excerpts of June 9, 2025 Deposition of Jonathan Hochman 9. Exhibit C: June 27, 2025 Rebuttal Expert Report of Peter Kent 10. Exhibit D: April 1, 2025 Expert Report of Philip J. Cross, Ph.D. All sealing requests are granted. POs Respectfully submitted, 7/31/25 fo Erik T. Koons cc: All counsel of record (by CM/ECF)