CardioNet, LLC et al. v. InfoBionic, Inc. (D. Mass. 15-cv-11803).

Judge Talwani denied without prejudice InfoBionic’s motion for leave to file its motion for attorney’s fees and accompanying exhibits under seal. The motion asserted that the attorney’s fees documents included both parties’ confidential information and noted that CardioNet was not opposing the motion. Judge Talwani noted that there is a presumptive right of public access to judicial documents, and that only the most compelling reasons can justify denying this access. Accordingly, and on a document-by-document basis, a party seeking impoundment must make a particular factual demonstration of potential harm that would result through disclosure. Judge Talwani found InfoBionic’s statements too conclusory to provide the factual backing needed to justify impoundment. She required InfoBionic to refile with factual information on its confidential information and to flag CardioNet’s confidential information, with CardioNet to file a response providing a factual basis for sealing its confidential information, should the parties wish to refile. She further noted that she did not envision agreeing to impound entire documents, and suggested the parties propose redactions instead. Finally, she noted that attorney billing records are commonly filed on open court dockets, suggesting that she would not agree to impound the records.