Vyaire - COC - Seal Motion re Redacting PII on Retention Apps Order FINAL
- Date
- 2024-07-03
Summary
Doc 138-1, filed July 3, 2024 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit 1, a Revised Proposed Order. The proposed order would grant the debtors' motion at Docket No. 17 and authorize the debtors, the official committee of unsecured creditors and the Professionals to file retention applications with the names of certain Confidential Parties under seal. It cites sections 105(a) and 107(b) of the Bankruptcy Code, Bankruptcy Rule 9018 and Local Rule 9018-1. The names would be available only to the Court, the U.S. Trustee and the Committee, and parties receiving them could not disclose them. The document is four pages.
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Case 24-11217-BLS Doc 138-1 Filed 07/03/24 Page 1 of 4
Exhibit 1
Revised Proposed Order
Case 24-11217-BLS Doc 138-1 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 Administered)
) 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 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’
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.
2
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.
Case 24-11217-BLS Doc 138-1 Filed 07/03/24 Page 3 of 4
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, the official committee 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) the Committee, 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, the Committee, and any party authorized to receive
the unredacted versions of the Retention Applications shall be authorized 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.
2
Case 24-11217-BLS Doc 138-1 Filed 07/03/24 Page 4 of 4
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
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