Health Grades, Inc. v. MDX Medical, Inc.
Filing
303
ORDER. Part 3 of 289 Order addressing the motions to restrict access is vacated. MDx Medical, Inc.'s 302 Supplemental Submission In Support of Its Motions to Restrict Access is granted. The following documents shall not be subject to re striction and shall be open to public access: Doc. ## 201, 201-17, 219-4, 219-5, 219-6, 219-11, 219-12, 219-13, 220-1, 220-2, 220-3, 220-5, 220-6, 220-7, 264, 264-1 282-1, and 282-2. Doc ## 201-15, 201-16, 249-1 and 253-2 are stricken and shall remain Restricted Level 1. The following documents shall be Restricted Level 1: Doc. ## 252, 253,253-4, and 253-5. By Magistrate Judge Boyd N. Boland on 9/20/12. (mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00520-PAB-BNB
HEALTH GRADES, INC.,
Plaintiff,
v.
MDX MEDICAL, INC., d/b/a Vitals.com,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on MDx Medical, Inc.’s Supplemental Submission In Support of
Its Motions to Restrict Access [etc] [Doc. # 302, filed 9/18/2012] (the “Renewed Motion”).
MDx filed six motions seeking to restrict public access to hundreds of pages of briefs and
exhibits, claiming broadly that the materials contained trade secrets and other confidential
information. I reviewed the materials, without the benefit of any meaningful discussion from
MDx, and determined that none of the materials appeared to contain any confidential
information the disclosure of which would result in clearly defined and serious injury. See
D.C.COLO.LCivR 7.2B(3). I denied in their entirety all of the motions to restrict access. Order
[Doc. # 289]. However, at MDx’s urging, I stayed the Order insofar as it denied the motions to
restrict access and allowed MDx to file a renewed motion “identifying with specificity any trade
secrets the disclosure of which could result in serious injury.” Id. MDx then filed the Renewed
Motion [Doc. # 302], as permitted.
MDx chose not to renew its request for restricted access with respect to most of the
materials. In several instances, MDx Medical indicated its intention to withdraw from
consideration certain materials and to substitute more limited, redacted materials. MDx Medical
seeks to restrict access to only four documents--Doc. ## 252, 253, 253-4, and 253-5--arguing
that they disclose specific terms of an existing and confidential contract between MDx and
Aetna. I accept MDx’s representation, supported by an affidavit, that “disclosure of the specific
terms of MDx’s relationship with Aetna would severely negatively impact Mx’s future
negotiating position with other potential business partners and against its competitors.”
Renewed Motion [Doc. # 302] at p. 5.
IT IS ORDERED:
(1)
Part 3 of my Order [Doc. # 289] addressing the motions to restrict access is
VACATED;
(2)
The Renewed Motion [Doc. # 302] is GRANTED;
(3)
The following documents shall not be subject to restriction and shall be OPEN
TO PUBLIC ACCESS: Doc. ## 201, 201-17, 219-4, 219-5, 219-6, 219-11, 219-12, 219-13,
220-1, 220-2, 220-3, 220-5, 220-6, 220-7, 264, 264-1 282-1, and 282-2;
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(4)
The following documents are STRICKEN, shall remain RESTRICTED LEVEL
1, and are replaced by substituted documents as indicated:
Stricken,
Restricted Level 1
Doc. # 201-15
Doc. # 302-2
Doc. # 201-16
Doc. # 302-3
Doc. # 249-1
Doc. # 302-1
Doc. #253-2
(5)
Substituted Document,
Open to Public Inspection
Doc. #302-4
The following documents shall be RESTRICTED LEVEL 1: Doc. ## 252, 253,
253-4, and 253-5.
Dated September 20, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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