UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

340B HOLDINGS, LLC 

d/b/a SUNRX

 Plaintiff, 

vs. 

MATTHEW BOBO 

in his individual capacity and 

PERFORMANCE HEALTHCARE 

SOLUTIONS, LLC 

 Defendants. 

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No. 1:20-CV-197-RP 

PLAINTIFF’S MOTION FOR LEAVE TO FILE UNDER SEAL 

EXHIBITS TO PLAINTIFF’S MOTION FOR PRELIMARY INJUNCTION 

Pursuant to Local Rule CV-5.2, Plaintiff 340B Holdings, LLC d/b/a SUNRx (“SUNRx”) 

respectfully moves to file this Motion for Leave to File Under Seal Exhibits to Plaintiff’s Motion 

for Preliminary Injunction, filed simultaneously with this Motion. Exhibit A to the Motion for 

Preliminary Injunction is a true and correct copy of the Declaration of Jill Simoes (the “Simoes 

Declaration”), the General Manager of SUNRx. Although the Simoes Declaration is being filed 

publicly, several of the exhibits to the Simoes Declaration, described below, contain confidential, 

proprietary, and trade secret information that should not be made public at this time. 

 Exhibit 4 to the Simoes Declaration is a true and correct copy of Defendant Bobo’s 

correspondence with a current SUNRx client. That correspondence includes 

material that may be confidential to Performance Healthcare Solutions, LLC 

(“Performance Healthcare”). 

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 Exhibit 8 to the Simoes Declaration is a true and correct copy of several 340B 

Assessment Packets provided for specific SUNRx clients. These packets contain 

competitive sensitive business information, including SUNRx’s administrative fee 

pricing, financial information related to specific medical providers, and curated 

customer information. 

 Exhibit 9 to the Simoes Declaration is a true and correct copy of an excerpt of a 

spreadsheet reflecting SUNRx’s proprietary financial analysis of the potential 

profit a specific SUNRx client would obtain by using SUNRx’s services. 

 Exhibit 10 to the Simoes Declaration is a true and correct copy of a regulatory 

analyses performed by SUNRx employees to evaluate the impact of certain 

legislation on SUNRx’s business opportunities. 

Plaintiff respectfully requests that the Court grant this motion and that the Court enter an 

order allowing Exhibits A-4, A-8, A-9, and A-10 be filed with the Court under seal for the Court’s 

consideration in connection with SUNRx’s Motion for Preliminary Injunction. A proposed order 

is also attached. 

Dated: March 2, 2020 Respectfully Submitted, 

/s/ Katherine P. Chiarello 

Katherine P. Chiarello 

Texas State Bar No. 24006994 

katherine@wittliffcutter.com 

Karen S. Vladeck 

Texas State Bar No. 24102899 

karen@wittliffcutter.com 

Kayna Stavast Levy 

Texas State Bar No. 24079388 

kayna@wittliffcutter.com 

WITTLIFF | CUTTER, PLLC 

1209 Nueces Street 

Case 1:20-cv-00197-RP Document 7 Filed 03/02/20 Page 2 of 3
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Austin, Texas 78701 

(512) 649.2434 office 

(512) 960.4869 facsimile 

Attorneys for Plaintiff 

340B Holdings, LLC 

CERTIFICATE OF SERVICE 

I hereby certify that on this 2nd day of March, 2020, a true and correct copy of the foregoing 

document was tendered for filing to the Clerk of the U.S. District Court for the Western District of 

Texas using the Court’s CM/ECF system and transmitted by email and first-class mail to Marc 

Katz, DLA Piper LLP (US), 1900 Pearl Street, Suite 2200, Dallas, Texas 75201 and 

marc.katz@dlapiper.com. 

/s/ Katherine P. Chiarello 

Katherine P. Chiarello 

Case 1:20-cv-00197-RP Document 7 Filed 03/02/20 Page 3 of 3