Student National Pharmaceutical Association, The v. Coleman et al
| Student National Pharmaceutical Association, The |
| Carmita Coleman and Jonathan T. Mills |
| 1:2021cv01532 |
| March 19, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 10 MINUTE entry before the Honorable John F. Kness: Remaining before the Court is Plaintiff's motion #5 to seal. As noted in a minute order #7 entered on 3/25/2021, the Court doubted that Plaintiff would be able to justify filing its complaint under seal. But the Court afforded Plaintiff the opportunity to file a supplemental statement in support of the motion on or before 3/29/2021. As of today's date, Plaintiff has elected not to file any supplemental statement. Accordingly, and for the reasons stated in the 3/25/2021 minute order, the motion to seal is denied. All conditionally-sealed documents are ordered to be unsealed. Mailed notice (ef, ) |
| Filing 9 SUMMONS Returned Executed by Student National Pharmaceutical Association, The (Archerd, Elizabeth) |
| Filing 8 SUMMONS Returned Executed by Student National Pharmaceutical Association, The (Archerd, Elizabeth) |
| Filing 7 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #5 to file its complaint and exhibits under seal. It is well settled that documents affecting the disposition of federal litigation are presumptively open to public view unless a statute rule or privilege justifies confidentiality. In re Specht, 622 F.3d 697, 701 (7th Cir. 2010). Courts do recognize that, in limited circumstances, some matters can appropriately be placed under seal (such as trade secrets and other confidential commercial information). See United States v. Sanford-Brown, Ltd., 788 F.3d 696, 712 (7th Cir. 2015), rev'd on other grounds, United States ex rel. Nelson v. Sanford-Brown, Ltd., 136 S. Ct. 2506 (2016); Fed. R. Civ. P. 26(c)(1)(G). If material is potentially subject to sealing, the court must weigh "the moving party's interest in privacy and the public's interest in transparency." Sanford-Brown, 788 F.3d at 712. Plaintiff's motion is grounded, more or less exclusively, on a confidentiality provision in a settlement agreement between Plaintiff and Defendant concerning previous litigation between the parties. Plaintiff does not address the required balancing test, however; more precisely, Plaintiff does not even purport to address the public's interest in transparency. Accordingly, the Court cannot grant the motion as currently argued. Although the Court doubts, based on its review of the complaint and the history of this dispute (see, e.g., 17-cv-02678, Dkt. 37), that Plaintiff will be able to make a compelling case for secrecy, the Court will permit Plaintiff the opportunity to file a supplemental statement that addresses the governing case law and the required balancing test. Any supplemental statement must be filed on or before 3/29/2021. The documents currently under conditional seal may remain sealed pending the Court's resolution of this motion. Mailed notice (ef, ) |
| Filing 6 PAYMENT of Filing fee $ 402, receipt number 0752-18039153. (Finfer, Jordan) |
| Filing 5 Plaintiff's Request to File Complaint Under Seal by Student National Pharmaceutical Association, The (Finfer, Jordan) Modified on 3/22/2021 (ef, ). |
| Filing 4 ATTORNEY Appearance for Plaintiff Student National Pharmaceutical Association, The by Elizabeth Loretta Archerd (Archerd, Elizabeth) |
| Filing 3 ATTORNEY Appearance for Plaintiff Student National Pharmaceutical Association, The by Jordan Aaron Finfer (Finfer, Jordan) |
| Filing 2 CIVIL Cover Sheet (Finfer, Jordan) |
| Filing 1 SEALED DOCUMENT by Plaintiff Student National Pharmaceutical Association, The (COMPLAINT) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Finfer, Jordan) |
| SUMMONS Issued as to Defendants Carmita Coleman, Jonathan T. Mills (crl, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (as, ) |
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