Vyaire - COC - Seal Motion re Redacting PII on Retention Apps Order FINAL
- Date
- 2024-07-03
Summary
Exhibit 2, a blackline, filed July 3, 2024 as Doc 138-2 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It marks changes to 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 order grants the motion and authorizes filing the names under seal under sections 105(a) and 107(b) of the Bankruptcy Code, Bankruptcy Rule 9018 and Local Rule 9018-1. It limits access to the Court, the U.S. Trustee and any official committee, directs redaction of the confidential parties from public pleadings, and bars further disclosure. The document is four pages.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 24-11217-BLS Doc 138-2 Filed 07/03/24 Page 1 of 4
Exhibit 2
Blackline
Case 24-11217-BLS Doc 138-2 Filed 07/03/24 Page 2 of 4
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 Administerationed
Requested)
) Re: Docket No. __17
ORDER AUTHORIZING THE DEBTORS TO FILE UNDER
SEAL THE NAMES OF CERTAIN CONFIDENTIAL PARTIES IN INTEREST
RELATED TO THE DEBTORS’ PROFESSIONAL RETENTION APPLICATIONS
Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in
possession (collectively, the “Debtors”) for entry of an order (this “Order”) (a) authorizing the
Debtors’ Professionals to redact and file under seal the names of the Confidential Parties
consistent with the Debtors’ obligations under certain confidentiality agreements executed in
connection with the Debtors’ third-party marketing process, and (b) granting related relief, all as
more fully set forth in the Motion; and the United States District Court for the District of
Delaware having jurisdiction over this matter pursuant to 28 U.S.C. § 1334, which was referred
to this Court under 28 U.S.C. § 157 and the Amended Standing Order of Reference from the
United States District Court for the District of Delaware, dated February 29, 2012; and this Court
having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court
having found that venue of this proceeding and the Motion in this district is proper pursuant to
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’ proposed 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.
2
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.
Case 24-11217-BLS Doc 138-2 Filed 07/03/24 Page 3 of 4
28 U.S.C. §§ 1408 and 1409; and this Court having found that the relief requested in the Motion
is in the best interests of the Debtors’ estates, their creditors, and other parties in interest; and
this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on
the Motion were appropriate and no other notice need be provided; and this Court having
reviewed the Motion and having heard the statements in support of the relief requested therein at
a hearing before this Court (the “Hearing”); and this Court having determined that the legal and
factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted
herein; and upon all of the proceedings had before this Court; and after due deliberation and
sufficient cause appearing therefor, it is HEREBY ORDERED THAT:
1. The Motion is granted as set forth herein.
2. The Debtors and any, the official committee, if any, of unsecured creditors (the
“Committee”), any other official committee are authorized, pursuant to sections 105(a) and
107(b) of the Bankruptcy Code, to file the Retention Applications and any other documents with
the names of the Confidential Parties under seal pursuant to section 107(b) of the Bankruptcy
Code, Bankruptcy Rule 9018, and Local Rule 9018-1.
3. The names of the Confidential Parties shall remain under seal, and shall not be
made available to anyone except: (a) the Court; (b) the U.S. Trustee; and (c) any officialthe
cCommittee appointed or designated in these chapter 11 cases, and, to the extent the names of
any of the Confidential Parties become public knowledge, the Debtors will file subsequent
supplemental declaration(s) disclosing the Professionals’ connections to such publicly known
parties.
4. The Debtors, the Professionals, any officialthe cCommittee, and any party
authorized to receive the unredacted versions of the Retention Applications shall be authorized
2
Case 24-11217-BLS Doc 138-2 Filed 07/03/24 Page 4 of 4
and directed, subject to Local Rule 9018-1, to redact the Confidential Parties from any pleadings
filed on the public docket maintained in these chapter 11 cases, including, without limitation, any
affidavits of service.
5. Any party who receives the identities of the Confidential Parties in accordance
with this Order shall not disclose or otherwise disseminate this information to any other person
or entity.
6. The requirements set forth in Local Rule 9018-1 are satisfied by the contents of
the Motion.
7. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
8. This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation, and enforcement of this Order.
3
File and source
- File
- gov.uscourts.deb.193283.138.2.pdf
- Size
- 144,261 bytes
- SHA-256
- 09cace639cdcdcd069d8602b8ffe846633173049fbade8b7a0da2c22af60c990
- Original
- No public link identified.