A party seeking to seal an entire judicial record faces a heavy burden to show that disclosure will work a clearly defined and serious injury.
A district court sealed the entire record in a civil antitrust and constitutional lawsuit based on a general motion from defendants, without a hearing or specific findings. The plaintiff later sought access to a transcript, and the district court denied the motion to lift the seal. The question presented is whether the district court properly maintained the seal on the judicial record. The court applies the strong presumption of openness, which requires a party seeking to seal records to show that the material is protected and disclosure would cause serious injury. Because the defendants did not defend the order and the district court provided no findings, the court reverses the denial of the motion to lift the seal.
At page 551 Burden of proof for sealing judicial records78 citing cases“strong presumption of openness which does not permit the routine closing of judicial records to the public.”
- F.R.Y., No. 2:26-cv-03469 (E.D. Pa. Aug. 27, 2026). See id. at 676-77 (“[T]he Pansy factors are not a substitute for the common law right of access standard—which begins with the presumption of access.”).3 Finally, certain categories of information are required to be sealed under the Federa…
- United States v. Walker, No. 17-1415 (10th Cir. Jan. 23, 2019).unpublished (Even if the initial sealing was justified, when there is a subsequent motion to remove such a seal, the district court should closely examine 27 whether circumstances have changed sufficiently to allow the presumption…)
- Russe v. Harman, No. 1:21-cv-00270 (W.D.N.C. Oct. 29, 2021).(The party seeking to seal any part of a judicial record bears the heavy burden of showing that ‘the material is the kind of information that courts will protect’ and that ‘disclosure will work a clearly defined and ser…)
- Oliver, No. 1:25-cv-00358 (W.D. Pa. June 3, 2026).“The movant must show ‘that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.”” Jd. (quoting Miller, 16 F.3d at 551).
- Danny Amen Anderson Shabazz v. Delaware Cnty. Prob. Dep't, No. 2:25-cv-05039 (E.D. Pa. Oct. 15, 2025).“A party who seeks to seal an entire record faces an even heavier burden”
- Butler v. FEDEX Supply Chain, Inc., No. 1:23-cv-01295 (M.D. Pa. Aug. 6, 2025). The Court agrees with Defendant that the PII of nonparties identified in Defendant’s internal investigation reports and the reports themselves are “the kind of information that courts will protect.” See Avandia, 924 F.3d at 672 (quoting Mi…
- Clarke, No. 2:25-cv-02802 (E.D. Pa. June 10, 2025).“A party who seeks to seal an entire record faces an even heavier burden”
- ESML Holdings Inc v., 135 F.4th 80 (3d Cir. 2025).published For that reason, “pretrial motions of a nondiscovery nature, whether preliminary or 16 dispositive, and the material filed in connection therewith,” id. (quoting In re Cendant Corp., 260 F.3d at 192 ), enjoy a “presumption of [public] acce…
- Contour Data Solutions LLC v. Gridforce Energy Mgmt. LLC, No. 2:20-cv-03241 (E.D. Pa. Aug. 29, 2024).Id. 55 In re Cendant Corp., 260 F.3d at 194 (quoting Miller, 16 F.3d at 551). 56 Gridforce’s Mot.
- Luna v. Palka, No. 3:23-cv-01657 (M.D. Pa. Apr. 19, 2024).Arbuckle U.S. Magistrate Judge 5 In re Avandia, 924 F.3d 662, 672-73 (quoting Miller, 16 F.3d at 551) (internal quotation marks omitted). 6 Id. (quoting Leucadia, 998 F.2d at 167 (internal quotation marks omitted). 7 Id.
Show 68 more citing cases
- Malinsky v. FBI, No. 2:23-cv-03957 (E.D. Pa. Oct. 20, 2023).“A party who seeks to seal an entire record faces an even heavier burden”
- Ford v. Norton, No. 1:22-cv-00355 (D.N.J. Aug. 11, 2023).“strong presumption’ of openness does not permit the routine closing of judicial records to the public”
- Ford v. Smith, No. 1:20-cv-12655 (D.N.J. June 29, 2023).“strong presumption’ of openness does not permit the routine closing of judicial records to the public”
- Hulton v. Artesian Water Co., No. 1:22-cv-01584 (D. Del. May 22, 2023).“disclosure will work a clearly defined and serious injury to the party seeking disclosure”
- Saunders v. Neighborhood Restaurant Partners, No. 8:22-cv-02483 (M.D. Fla. Dec. 1, 2022).“bears the heavy burden of showing that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure”
- Simpson v. Thompson, No. 1:19-cv-00971-KM (M.D. Pa. July 12, 2022).“A party who seeks to seal an entire record faces an even heavier burden”
- Phelps v. Sec'y of Treasury, No. 1:22-cv-00271 (M.D. Pa. Mar. 14, 2022). “A party who seeks to seal an entire record faces an even heavier burden”
- Hoffman v. Genpact, No. 3:22-cv-00009 (M.D. Pa. Feb. 25, 2022).“A party who seeks to seal an entire record faces an even heavier burden”
- Hoffman v. Genpact, No. 3:22-cv-00154 (M.D. Pa. Feb. 25, 2022).“A party who seeks to seal an entire record faces an even heavier burden”
- Aetna Inc. v. Mednax, Inc., No. 2:18-cv-02217, 2021 WL 5987205 (E.D. Pa. Dec. 17, 2021). Under the common law, the movant must show “that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.” In re Avandia Mktg., 924 F.…
- Province v. Midland Funding, LLC, No. 3:20-cv-00110 (W.D. Pa. Sept. 28, 2021).“strong presumption of openness does not permit the routine closing of judicial records to the public”
- Prof'l, Inc. v. First Choice Auto Ins. Co., No. 3:17-cv-00185 (W.D. Pa. Jan. 31, 2020).“strong presumption of openness does not permit the routine closing of judicial records to the public”
- Akan v. Summers, No. 2:17-cv-00089 (W.D. Pa. Nov. 25, 2019). “The party seeking to seal any part of a judicial record bears the heavy burden of showing that ‘the material is the kind of information that courts will protect’ and that ‘disclosure will work a clearly defined and seri…”
- Purcell v. Gilead Sciences, Inc., 415 F. Supp. 3d 569 (E.D. Pa. 2019).publishedAss’n v. Hotel Rittenhouse Assoc., 800 F.2d 339, 344 (3d Cir. 1986)). 31 Ig 32 Iq. (quoting Miller v. Indiana Hosp., 16 F.3d 549 , 551 (3d Cir. 1994)). 33 Id. at 672-73 (quoting In re Cendant Corp., 260 F.3d at 194 ). 34 Td. (quoting Leuca…
- Schwartz v. United States Navy, No. 8:19-cv-02696 (M.D. Fla. Oct. 30, 2019).“bears the heavy burden of showing that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure”
- DePari v. Runyon, No. 3:17-cv-00755 (M.D. Pa. July 26, 2019).“kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure”
- In re Avandia Mktg. v., 924 F.3d 662 (3d Cir. 2019).published “the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure”
- Mine Saf. Appliances Co. v. North River Ins., 73 F. Supp. 3d 544 (W.D. Pa. 2014).published Miller, 16 F.3d at 551.
- Pichler v. UNITE, 238 F.R.D. 405 (E.D. Pa. 2006).published Instead, it must show with “specificity” that the portion of the record it seeks to keep from the public contains the type of information courts protect and that its “disclosure will work a clearly defined and serious injury to [it].” Id.…
- Korczakowski v. Hwan, 68 Pa. D. & C.4th 129 (Pa. Ct. Com. Pl. 2004).publishedPansy, 23 F.3d at 781-82 ; Davis, supra. To override the common-law right of access, the party seeking to seal a judicial record must demonstrate “good cause” justifying confidentiality, Zdrok, 829 A.2d at 700 , and “bears the burden of sh…
- Jessup, Goble v. Luther, Robert, 277 F.3d 926 (7th Cir. 2002).publishedCo., 178 F.3d 943, 945 (7th Cir.1999); Doe v. Blue Cross & Blue Shield United of Wisconsin, 112 F.3d 869, 872 (7th Cir.1997); Miller v. Indiana Hospital, 16 F.3d 549, 551 (3d Cir.1994).
- In re Cendant Corp., (Formerly Known as Cuc Int'l, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself & All Others Similarly Situated Welch & Forbes Inc., an Institutional Inv. Manager, Individually & on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Sec. Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Servs., Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard Sirota, 260 F.3d 183 (3d Cir. 2001).published In that case, we held: 36 In a case such as this, involving ordinary civil litigation, the district court, before taking such an unusual step, should have articulated the compelling countervailing interests to be protected, made specific f…
- Goldstein v. Forbes, 260 F.3d 183 (3d Cir. 2001).published Miller, 16 F.3d at 551 (citations omitted) (emphasis added).
- In re Cendant Corp., No. 99-5485 (3d Cir. Aug. 8, 2001). Miller, 16 F.3d at 551 (citations omitted) (emphasis added).
- Dombrowski v. Bell Atl. Corp., 128 F. Supp. 2d 216 (E.D. Pa. 2000).publishedSee Glenmede, 56 F.3d at 483 ; Miller, 16 F.3d at 551.
- Paul P. v. Farmer, 80 F. Supp. 2d 320 (D.N.J. 2000).published“clearly defined and serious injury to the part[ies] seeking closure”
- Franks ex rel. H.B.L. v. Kentucky Sch. for the Deaf, 956 F. Supp. 741 (E.D. Ky. 1996).publishedGlenmede Trust Co. v. Thompson, 56 F.3d 476 (3rd Cir.1995); Pansy v. Borough of Stroudsburg, 23 F.3d 772 (3rd Cir.1994); Miller, 16 F.3d at 551.
- Wow Tech USA, Ltd. v. Eis, Inc., No. 1:24-cv-00115 (D. Del. Apr. 9, 2026). See Miller v. Ind. Hosp., 16 F.3d 549 , 551 (d Cir. 1994), Specifically, Plaintiff seeks to seal and designate as “Attorneys Eyes Only” the names of third-party witnesses on the alleged and unsubstantiated grounds that disclosing the names…
- Prater v. Am. Heritage Fed. Credit Union, No. 2:21-cv-03566 (E.D. Pa. Aug. 27, 2021).(explaining that a “party seeking to seal any part of a judicial record bears the heavy burden of showing that ‘the material is the kind of information that courts will protect’ and that ‘disclosure will work a clearly d…)
- Glenmede Trust Co. Pepper, Hamilton & Scheetz v. B. Ray Thompson, Jr. Juanne J. Thompson Catherine v. Thompson Adella S. Thompson B. Ray Thompson, III Sarah Thompson Tarver Rebekah L. Thompson B. Ray Thompson, Jr., as Tr. of Five Thompson Fam. Trusts Juanne J. Thompson, as Tr. of Five Thompson Fam. Trusts Dale A. Keasling, as Tr. of Five Thompson Fam. Trusts v. The Honorable Herbert J. Hutton, United States Dist. Judge, Nominal, 56 F.3d 476 (3d Cir. 1995).published
- Whitehead v. Nevada Com'n on Jud. Discipline, 893 P.2d 866 (Nev. 1995).published
- Copley Press, Inc. v. Peregrine Sys., Inc. (In re Peregrine Sys., Inc.), 311 B.R. 679 (D. Del. 2004).published
- Glenmede Trust Co. v. Thompson, 56 F.3d 476 (3d Cir. 1995).
- Davis v. Elwyn, Inc., No. 2:20-cv-05798, 2021 WL 4902333 (E.D. Pa. Oct. 20, 2021).
- Doe v. Methacton Sch. Dist., 878 F. Supp. 40 (E.D. Pa. 1995).published
- Johnson v. Wetzel, 209 F. Supp. 3d 766 (M.D. Pa. 2016).published
- In re Rivera, 524 B.R. 438 (Bankr. D.P.R. 2015).published
- Lewis v. Tyler Tech., No. 1:23-cv-00296 (D. Del. Nov. 13, 2023).
- Lewis v. Greenville on 141 Apts. & Townhomes - Westover Companies, No. 1:23-cv-00146 (D. Del. Nov. 7, 2023).
- Lewis v. Amazon AWS, No. 1:23-cv-00304 (D. Del. Nov. 27, 2023).
- Lewis v. Microsoft Corp., No. 1:23-cv-00416 (D. Del. Nov. 28, 2023).
- Chrustowski v. Chrustowski, No. 1:23-cv-00746 (D. Del. Dec. 27, 2023).
- Nationstar Mortg. LLC v. McCauley, No. 1:23-cv-00723 (D. Del. Jan. 2, 2024).
- Chrustowski v. Chrustowski, No. 1:23-cv-00803 (D. Del. Dec. 27, 2023).
- Lewis v. State of Delaware Div. of Soc. Servs. Medicaid & Med. Assistance, No. 1:23-cv-00293 (D. Del. Nov. 20, 2023).
- Chrustowski v. Johnson, No. 1:23-cv-00873 (D. Del. Mar. 12, 2024).
- Lin v. Delaware Dep't of Educ., No. 1:20-cv-00490 (D. Del. Feb. 16, 2024).
- Hawkins v. Fam. Court, No. 1:23-cv-01430 (D. Del. May 17, 2024).
- Lewis v. AT&T Corp., No. 1:23-cv-01276 (D. Del. May 10, 2024).
- Hawkins v. Georgetown Police Dep't, No. 1:23-cv-01431 (D. Del. May 17, 2024).
- Hawkins v. Delaware State Police, No. 1:23-cv-01432 (D. Del. May 17, 2024).
- Valeant Pharm. North Am. LLC v. Mylan Pharm. Inc., No. 3:18-cv-14305 (D.N.J. Aug. 15, 2019).
- Kars 4 Kids Inc. v. Am. Can!, No. 3:14-cv-07770 (D.N.J. Jan. 31, 2020).
- Bank of Hope v. Chon, No. 2:14-cv-01770 (D.N.J. May 29, 2020).
- Bank of Hope v. Chon, No. 2:14-cv-01770 (D.N.J. July 24, 2020).
- Indivior Inc. v. Alvogen Pine Brook, Inc., No. 2:17-cv-07106 (D.N.J. Dec. 6, 2022).
- Palempalli v. Patsalos-fox, No. 2:21-cv-12025 (D.N.J. May 4, 2023).
- ADP, Inc. v. Wise Payments Ltd., No. 2:21-cv-12457 (D.N.J. Oct. 11, 2023).
- Del Nero v. NCO Fin. Sys., Inc., No. 2:06-cv-04823, 2021 WL 2375892 (E.D. Pa. June 10, 2021).
- Custis v. City of Philadelphia Court of Common Pleas, No. 2:21-cv-03573 (E.D. Pa. Aug. 26, 2021).
- Allergan Pharm. Int'l Ltd. v. Prinston Pharm. Inc., No. 2:17-cv-10230 (D.N.J. May 18, 2021).
- Schou v. United States, No. 1:18-cv-00006 (D.V.I. Dec. 7, 2021).
- Atl. City Linen Supply, LLC v. United States Small Bus. Admin., No. 1:24-cv-10937 (D.N.J. July 3, 2025).
- In re Vascepa ITRUSTHI ON, No. 3:21-cv-10309 (D.N.J. Oct. 21, 2025).
- In re Vascepa ITRUSTHI ON, No. 3:21-cv-12747 (D.N.J. Oct. 21, 2025).
- In re Vascepa ITRUSTHI ON, No. 3:23-cv-01016 (D.N.J. Oct. 21, 2025).
- In re Vascepa ITRUSTHI ON, No. 3:24-cv-04341 (D.N.J. Oct. 21, 2025).
- In re Vascepa ITRUSTHI ON, No. 3:24-cv-07041 (D.N.J. Oct. 21, 2025).
At page 673 Impounding case records and motions for access5 citing cases
- F.R.Y., No. 2:26-cv-03469 (E.D. Pa. Aug. 27, 2026). See id. at 676-77 (“[T]he Pansy factors are not a substitute for the common law right of access standard—which begins with the presumption of access.”).3 Finally, certain categories of information are required to be sealed under the Federa…
- Brooks v. Trans Union LLC, 743 F. Supp. 3d 622 (E.D. Pa. 2024). Merely reciting the Pansy factors in seeking a sealing order is insufficient.2 Id. at 676-77 (“[T]he Pansy factors are not a substitute for the common law right of access standard — which begins with the presumption of access.”).
- Prior, No. 2:24-cv-02980 (E.D. Pa. Feb. 27, 2026). Id. at 673.
- Everett v. First Niagara Bank, No. 2:13-cv-00306 (W.D. Pa. Apr. 3, 2020).Id. at 673 (internal quotations omitted).
- Stansbury v. Barrick Enter., Inc., No. 1:22-cv-00342 (M.D. Pa. Dec. 14, 2023).See id. at 673, 679 (citing In re Cendant Corp., 260 F.3d at 194, 196 ).
At page 672 Impounding records and motions for access to case files3 citing cases
- Arlanxeo Canada, Inc. v. Kaydon Ring & Seal, Inc., No. 1:21-cv-01843 (M.D. Pa. Nov. 6, 2025).See id. at 672-73 (cleaned up).
- Glunk v. United States Life Ins. Co. in the City of New York, No. 2:23-cv-03782 (E.D. Pa. Mar. 31, 2025).See id. at 672-73. 3.
- Salcedo v. Penn State Health Milton S. Hershey Med. Ctr., No. 1:19-cv-02201-YK (M.D. Pa. Feb. 7, 2024).See id. at 672-73 (cleaned up).
At page 676 Distinguishing pansy factors from common law access standard2 citing cases[T]he Pansy factors are not a substitute for the common law right of access standard—which begins with the presumption of access.
- F.R.Y., No. 2:26-cv-03469 (E.D. Pa. Aug. 27, 2026). ([T]he Pansy factors are not a substitute for the common law right of access standard—which begins with the presumption of access.)
- Brooks v. Trans Union LLC, 743 F. Supp. 3d 622 (E.D. Pa. 2024). ([T]he Pansy factors are not a substitute for the common law right of access standard — which begins with the presumption of access.)
Other citing cases
- Ramot at Tel Aviv Univ. Ltd. v. Cisco Sys., Inc., No. 1:22-cv-00674 (D. Del. Dec. 22, 2025).
- Pennsylvania State Univ. v. Keystone Alternatives LLC, No. 1:19-cv-02039 (M.D. Pa. Oct. 27, 2023).
- Lewis v. City of Philadelphia Parking Violations, No. 2:23-cv-01649 (E.D. Pa. May 9, 2023).
- Burress v. Freedom Mortg. Corp., No. 1:20-cv-15242 (D.N.J. July 22, 2022).
v.
INDIANA HOSPITAL, a corporation Henry F. Hild Donald F. Smith William R. McMillen John S. Simpson Thomas S. Barbor Samuel W. Jack, Jr. Mrs. C. Fred Hildebrand Mrs. Wanda M. Weyandt Harry C. McCreary C. Wilmer Johnston George M. Evans Donald S. Brody Roger J. Reschini Joseph Kovalchick William G. Evans, M.D. Melvin C. Williams, M.D. Robert G. Goldstrohm, M.D. David C. Hughes, M.D. Ralph F. Waldo, M.D. Herbert L. Hanna, M.D. Richard N. Freda, M.D. Frank Weiner, M.D. Henry Mitchell, M.D. Ralph R. Brown, M.D. Commonwealth of Pennsylvania, Department of Health: H. Arnold Muller, M.D.
OPINION OF THE COURT
SLOVITER, Chief Judge.In this case the district court denied appellant’s Motion to Lift Seal which in effect denied him access to the court records of his own lawsuit. Because we can find no justification for the initial closure of the record, nor for the order on appeal, we will reverse.
I.
In July 1981, appellant Ralph Miller filed suit in federal court against the Indiana Hospital and various of its doctors and administrators alleging constitutional and antitrust violations stemming from the termination and subsequent denial of his staff privileges at the Hospital. On January 29,1982, defendants, coincident with submitting their responses to Miller’s first set of interrogatories, requests for admissions and production of documents, filed a motion to impound the record claiming that “[t]he details related to this action constitute private and confidential information which should not be disclosed to third parties or the general public.” Although defendants filed allegations in support of its motion, those allegations were general in nature and set forth no specific details.[1]
[*551] On February 8, without a hearing or even a response from Miller, the court entered an order directing the Clerk of the Court to “seal and secure all Court papers filed of record and to allow access to any such papers only by counsel of record and/or their authorized representatives. Access to the same records by any other person is prohibited and shall be allowed only by further Order of Court and upon good cause shown.”
Although the order was never rescinded, the numerous decisions of the district court and the court of appeals in this ease were published in the official reporters with the names of the parties listed and with references to, and quotations from, the complaint and response, transcripts of hearings, expert reports, depositions and affidavits filed in the ease.[2] Indeed, on the parties second appearance in this court, the Clerk of the Court explicitly unsealed all portions of the record on appeal because no party had shown good cause for continuing to maintain a sealed record.
After final disposition of his claims, Miller sought access to a transcript of a status conference held before the district court during the course of the litigation. When he was informed that he could not obtain the material without a court order, Miller filed the motion seeking an order to lift the seal. The court denied the motion without explanation on July 15, 1993, and this timely pro se appeal follows.
II.
The existence of a common law right of access to judicial records is beyond dispute. See Littlejohn v. BIC Corp., 851 F.2d 673, 677-78 (3d Cir.1988); United States v. Criden, 648 F.2d 814, 819 (3d Cir.1981) (Criden I). This Court has made it clear that our “strong presumption” of openness does not permit the routine closing of judicial records to the public. The party seeking to seal any part of a judicial record bears the heavy burden of showing that “the material is the kind of information that courts will protect” and that “disclosure will work a clearly defined and serious injury to the party seeking closure.” Publicker Indus., Inc. v. Cohen, 733 F.2d 1059, 1071 (3d Cir.1984). A party who seeks to seal an entire record faces an even heavier burden.
While we have recognized that there are certain delineated areas where openness is not the norm, see, e.g., Capital Cities Media, Inc. v. Chester, 797 F.2d 1164 (3d Cir.1986) (in banc) (internal documents of administrative agencies); First Amendment Coalition v. Judicial Inquiry & Review Bd., 784 F.2d 467 (3d Cir.1986) (in banc) (state judicial discipline proceedings); Publicker, 733 F.2d at 1073 (trade secrets); United States v. Criden, 681 F.2d 919, 921 (3d Cir.1982) (Criden III) (material explicitly determined to be impermissibly injurious to third parties); Criden I, 648 F.2d at 829 (same), these cases are the exception.
In a case such as this, involving ordinary civil litigation, the district court, before taking such an unusual step, should have articulated the compelling countervailing interests to be protected, made specific findings on the record concerning the effects of disclosure, and provided an opportunity for interested third parties to be heard. See Publicker, 733 F.2d at 1072; United States v. Raffoul, 826 F.2d 218, 222-23 (3d Cir.1987).[3] Even if the initial sealing was justified, when there is a subsequent motion to remove such a seal, the district court should closely exam[*552]ine whether circumstances have changed sufficiently to allow the presumption allowing access to court records to prevail.
In this case, we see no reason to maintain the impoundment. The defendants have chosen not to appear to defend the district court’s order, and the district court provided no findings as the basis for its decision. Under these circumstances, we conclude that it is incumbent upon us to direct the district court to unseal the record.
For the foregoing reasons, we will reverse the district court’s order and remand for it to enter an order unsealing the record. Plaintiff to bear his own costs.
The full text of the motion read:
[Defendants] request this Court, for the following reasons, to enter an Order impounding the record in the within action and forbidding any individuals other than counsel of record and/or their designated and authorized representatives from viewing any pleadings, depositions, or court papers filed of record with the Clerk of Courts [sic] for the United States District Court for the Western District of Pennsylvania:
1. The details related to this action constitute private and confidential information which should not be disclosed to third parties or the general public.
2. The contentions of the parties, as reflected in discovery and other matters already disclosed and filed, and which will be disclosed and filed with this Court constitute private and confidential information of no use and/or value to third persons or the general public.
3. In [a recent] case involving issues similar to those at bar, the parties filed a Consent Motion to Impound the Record and the court entered an Order directing the Clerk of Courts [sic] to send [sic] the record. A copy of the Consent Motion and Order of Court is attached hereto and marked as Exhibit "A”.
4. Defendants therefore move that the record and files in the above case be impounded to all persons except for counsel of record and/or counsel’s designated and authorized representatives.
Miller’s constitutional claims were dismissed early in the litigation. See Miller v. Indiana Hosp., 562 F.Supp. 1259 (W.D.Pa.1983). The defendants eventually prevailed on summary judgment with respect to the antitrust claims as well. See Miller v. Indiana Hosp., 660 F.Supp. 250 (W.D.Pa.1987) (granting summary judgment), rev’d, 843 F.2d 139 (3d Cir.1988), cert. denied, 488 U.S. 870, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988), on remand Miller v. Indiana Hosp., 1990 WL 105908 (W.D.Pa. Apr. 30, 1990) (granting summary judgment), rev’d, 930 F.2d 334 (3d Cir.1991), on remand Miller v. Indiana Hosp., 814 F.Supp. 1254 (W.D.Pa.1992) (granting summary judgment), aff'd mem., 975 F.2d 1550 (3d Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1366, 122 L.Ed.2d 744 (1993), reh’g denied, - U.S. -, 113 S.Ct. 1883, 123 L.Ed.2d 501 (1993).
We note from the docket in the district court that on November 3, 1988, the journal Medical Economics petitioned for access to the record impounded in this case and that no action on that motion is reported.