Vyaire - COC - Seal Motion re Redacting PII on Retention Apps Order FINAL
- Date
- 2024-06-10
Summary
A certification of counsel filed July 3, 2024 as Doc 138 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It concerns the debtors' motion, filed June 10, 2024 as Docket No. 17, to file under seal the names of certain confidential parties in interest related to the debtors' professional retention applications. Counsel certifies that the objection deadline was July 2, 2024, extended to July 5, 2024 for the Official Committee of Unsecured Creditors, which gave informal comments. The debtors revised the proposed order and ask the court to enter the revised proposed order, attached as Exhibit 1, with a blackline attached as Exhibit 2. It is signed by Patrick J. Reilley of Cole Schotz P.C., proposed co-counsel to the debtors.
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Case 24-11217-BLS Doc 138 Filed 07/03/24 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
VYAIRE MEDICAL, INC., et al.,1 ) Case No. 24-11217 (BLS)
)
Debtors. ) (Jointly Administered)
)
) Re: Docket Nos. 17 & 106
CERTIFICATION OF COUNSEL
MOTION OF DEBTORS FOR ENTRY OF AN
ORDER AUTHORIZING THE DEBTORS TO FILE UNDER SEAL
THE NAMES OF CERTAIN CONFIDENTIAL PARTIES IN INTEREST
RELATED TO THE DEBTORS’ PROFESSIONAL RETENTION APPLICATIONS
The undersigned proposed counsel to Vyaire Medical, Inc. and certain of its affiliates, the
debtors and debtors in possession in the above-captioned cases (collectively, the “Debtors”),
hereby certifies as follows:
1. On June 10, 2024, the Motion of Debtors for Entry of an Order Authorizing the
Debtors to File Under Seal the Names of Certain Confidential Parties in Interest Related to the
Debtors’ Professional Retention Applications [Docket No. 17] (the “Motion”) was filed with the
United States Bankruptcy Court for the District of Delaware (the “Court”). Attached thereto as
Exhibit A was a proposed form of order granting the relief requested in the Motion
(the “Proposed Order”).
2. Pursuant to the Notice of Motion of Debtors for Entry of an Order Authorizing the
Debtors to File Under Seal the Names of Certain Confidential Parties in Interest Related to the
1
The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The
location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these
chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
Case 24-11217-BLS Doc 138 Filed 07/03/24 Page 2 of 3
Debtors’ Professional Retention Applications [Docket No. 106], objections or responses to the
Motion and entry of the Proposed Order were to be filed and served on the undersigned proposed
counsel by July 2, 2024, at 4:00 p.m. (prevailing Eastern Time) (the “Objection Deadline”), except
for the Official Committee of Unsecured Creditors (the “Committee”), whose deadline was
extended to July 5, 2024.
3. Prior to the Committee’s extended Objection Deadline, the Debtors received
informal comments to the Motion and Proposed Order from counsel to the Committee.
4. The Debtors have not received any objections or other informal comments to the
Motion and Proposed Order.
5. The Debtors revised the Proposed Order to address the informal comments received
from counsel to the Committee and the parties agreed to a revised Proposed Order, a copy of which
is attached hereto as Exhibit 1 (the “Revised Proposed Order”).
6. A blackline comparing the Revised Proposed Order against the Proposed Order is
attached hereto as Exhibit 2.
7. The Debtors respectfully request that the Court enter the Revised Proposed Order
at its earliest convenience.
[Remainder of Page Intentionally Left Blank]
2
Case 24-11217-BLS Doc 138 Filed 07/03/24 Page 3 of 3
Dated: July 3, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice)
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.com
yusuf.salloum@kirkland.com
Proposed Co-Counsel to the Debtors Proposed Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
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