This case was last updated from PACER on 08/20/2021 at 08:38:57 (UTC).

Black et al v. Michel et al

Case Summary

On June 21, 2021, Sheita Black and City of Miami General Employees & Sanitation Employees’ Retirement Trust (collectively, “Plaintiffs”), represented by Gregory V. Varallo of Bernstein Litowitz Berger & Grossman LLP filed a contract lawsuit against Gary S. Michel, Matthew D. Ross, Roderick C. Wendt, Anthony Munk, Steven E. Wynne, and others (collectively, “Defendants”), seeking an order granting permission to file the complaint in this action under seal. This case was filed in the U.S. District Court in the District of Delaware.



In its complaint, the Plaintiffs alleged that, “‘Documents containing trade secrets or other confidential business information may be protected from disclosure.’ Leucadia v. Applied Extrusion Techs., Inc., 998 F.2d 157, 166 (3d Cir. 1993). To override the presumption of public access, the party seeking the sealing of part of the judicial record must show the material is (1) ‘the kind of information that courts will protect[,]’ and (2) ‘disclosure will work a clearly defined and serious injury to the party seeking closure.’ In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001) (internal quotation marks and citations omitted).”

 

The Plaintiffs further alleged that, “Plaintiff’s Complaint contains information protected by a confidentiality agreement (“Confidentiality Agreement”) entered into between Plaintiffs and JELD-WEN Holding, Inc. (“JELD-WEN”). The underlying information is confidential, contains sensitive business information, and the NDA expressly prohibits unrestricted public disclosure of the underlying information. “Documents containing . . . confidential business information”—like the documents and information covered by the NDA at issue here—are a type of information that courts may protect from public disclosure. Leucadia, 998 F.2d at 166.”

 

It was further alleged by the Plaintiffs that, “This Court has granted such motions in the past, further demonstrating that this is the kind of information that courts will protect. See, e.g., AbbVie Inc. v. Gilead Scis., Inc., C.A. No. 14-379-GMS, D.I. 6 (D. Del. Mar. 25, 2014) (granting motion to seal a complaint that disclosed information subject to a contractual confidentiality obligation); Nanomotion, Ltd. v. Tamron Co. Ltd., C.A. No. 13-498-GMS, D.I. 7 (D. Del. Apr. 1, 2013); Lithero, LLC v. AstraZeneca Pharms. LP, No. 19-2320-RGA, D.I. 5 (D. Del. Dec. 20, 2019). Publicly disclosing this information would result in serious harm to both parties by causing public disclosure of confidential information covered by the Confidentiality Agreement.”

 

In its prayer for relief, the Plaintiffs have requested the Court to grant leave to file their complaint under seal. Additionally, the Plaintiffs allegedly prepared a redacted version of the Complaint in accordance with D. Del. LR 5.1.3 with the confidential information removed, and that they will file the redacted version within seven days. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00881

  • Filing Date:

    06/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Security

  • Courthouse:

    Delaware District

Judge Details

Presiding Judge

Richard G. Andrews

 

Party Details

Plaintiffs

Shieta Black

City of Miami General Employees' & Sanitation Employees' Retirement Trust

Defendants

Gary S. Michel

William F. Banholzer

Kirk S. Hachigian

L. Brooks Mallard

Anthony Munk

Mark A. Beck

Roderick C. Wendt

Onex Corporation

Patrick Tolbert

Suzanne L. Stefany

Matthew D. Ross

Bruce M. Taten

Gregory G. Maxwell

Martha S. Byorum

Steven E. Wynne

Nominal Defendant

Jeld-Wen Holdings, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Gregory V. Varallo

Attorney at Bernstein Litowitz Berger & Grossman LLP

500 Delaware Avenue, Suite 901

Wilmington, DE 19801

 

Court Documents

#12

(#12) SO ORDERED Granting (D.I. 11 in 21-cv-881-RGA; D.I. 13 in 21-cv-135-RGA) Joint Stipulation and Proposed Order consolidating cases (see Order for further details). Signed by Judge Richard G. Andrews on 7/16/2021. Associated Cases: 1:21-cv-00135-RGA, 1:21-cv-00881-RGA(nms) (Entered: 07/16/2021)

11 #3

Exhibit C - Firm resume of Levi & Korsinsky LLP

11 #2

Exhibit B - Firm resume of Robbins LLP

11 #1

Exhibit A - Firm resume of BLB&G LLP

#11

(#11) Joint Stipulation and Proposed Order, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varallo, Gregory) Modified on 7/16/2021 (nms). (Entered: 07/16/2021)

#9

(#9) Letter to Clerk of Court, from Gregory V. Varallo, Esq., regarding related case. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 07/12/2021)

#8

(#8) Joint STIPULATION and [Proposed] Order for Consolidation, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 07/12/2021)

#7

(#7) REDACTED VERSION of #2 Complaint, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 06/28/2021)

#6

(#6) SUMMONS Returned Executed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. William F. Banholzer served on 6/22/2021, answer due 7/13/2021; Mark A. Beck served on 6/22/2021, answer due 7/13/2021; Martha S. Byorum served on 6/22/2021, answer due 7/13/2021; Kirk S. Hachigian served on 6/22/2021, answer due 7/13/2021; L. Brooks Mallard served on 6/22/2021, answer due 7/13/2021; Gregory G. Maxwell served on 6/22/2021, answer due 7/13/2021; Gary S. Michel served on 6/22/2021, answer due 7/13/2021; Anthony Munk served on 6/22/2021, answer due 7/13/2021; Matthew D. Ross served on 6/22/2021, answer due 7/13/2021; Suzanne L. Stefany served on 6/22/2021, answer due 7/13/2021; Bruce M. Taten served on 6/22/2021, answer due 7/13/2021; Patrick Tolbert served on 6/22/2021, answer due 7/13/2021; Roderick C. Wendt served on 6/22/2021, answer due 7/13/2021; Steven E. Wynne served on 6/22/2021, answer due 7/13/2021. (Varallo, Gregory) (Entered: 06/22/2021)

#5

(#5) SUMMONS Returned Executed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. Jeld-Wen Holdings, Inc. served on 6/22/2021, answer due 7/13/2021. (Varallo, Gregory) (Entered: 06/22/2021)

#4

(#4) ORDER granting #1 Motion to Seal. Signed by Judge Leonard P. Stark on 06/22/2021. (apk) (Entered: 06/22/2021)

#3

(#3) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 06/21/2021)

1 #1

Text of Proposed Order

#1

(#1) MOTION for Leave to File Complaint Under Seal - filed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Text of Proposed Order)(apk) (Entered: 06/21/2021)

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Docket Entries

  • 07/16/2021
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  • Docket(#12) SO ORDERED Granting (D.I. 11 in 21-cv-881-RGA; D.I. 13 in 21-cv-135-RGA) Joint Stipulation and Proposed Order consolidating cases (see Order for further details). Signed by Judge Richard G. Andrews on 7/16/2021. Associated Cases: 1:21-cv-00135-RGA, 1:21-cv-00881-RGA(nms) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#11) Joint Stipulation and Proposed Order, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varallo, Gregory) Modified on 7/16/2021 (nms). (Entered: 07/16/2021)

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  • 07/14/2021
  • Docket(#10) ORAL ORDER: The Court requires that there only be one lead counsel. Thus, as presented, the joint stipulation (D.I. 8 in 21-cv-881-RGA; D.I. 10 in 21-cv-135-RGA) is DENIED. Ordered by Judge Richard G. Andrews on 7/14/2021. Associated Cases: 1:21-cv-00135-RGA, 1:21-cv-00881-RGA(nms) (Entered: 07/14/2021)

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  • 07/13/2021
  • DocketCase Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 07/13/2021)

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  • 07/12/2021
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  • Docket(#9) Letter to Clerk of Court, from Gregory V. Varallo, Esq., regarding related case. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#8) Joint STIPULATION and [Proposed] Order for Consolidation, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 07/12/2021)

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  • 06/28/2021
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  • Docket(#7) REDACTED VERSION of #2 Complaint, by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Varallo, Gregory) Modified on 7/14/2021 (nms). (Entered: 06/28/2021)

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  • 06/23/2021
  • DocketCase Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 06/23/2021)

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  • 06/22/2021
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  • Docket(#6) SUMMONS Returned Executed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. William F. Banholzer served on 6/22/2021, answer due 7/13/2021; Mark A. Beck served on 6/22/2021, answer due 7/13/2021; Martha S. Byorum served on 6/22/2021, answer due 7/13/2021; Kirk S. Hachigian served on 6/22/2021, answer due 7/13/2021; L. Brooks Mallard served on 6/22/2021, answer due 7/13/2021; Gregory G. Maxwell served on 6/22/2021, answer due 7/13/2021; Gary S. Michel served on 6/22/2021, answer due 7/13/2021; Anthony Munk served on 6/22/2021, answer due 7/13/2021; Matthew D. Ross served on 6/22/2021, answer due 7/13/2021; Suzanne L. Stefany served on 6/22/2021, answer due 7/13/2021; Bruce M. Taten served on 6/22/2021, answer due 7/13/2021; Patrick Tolbert served on 6/22/2021, answer due 7/13/2021; Roderick C. Wendt served on 6/22/2021, answer due 7/13/2021; Steven E. Wynne served on 6/22/2021, answer due 7/13/2021. (Varallo, Gregory) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#5) SUMMONS Returned Executed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. Jeld-Wen Holdings, Inc. served on 6/22/2021, answer due 7/13/2021. (Varallo, Gregory) (Entered: 06/22/2021)

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  • 06/22/2021
  • DocketRemark: Case Submitted for Routine Judicial Assignment. (apk) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#4) ORDER granting #1 Motion to Seal. Signed by Judge Leonard P. Stark on 06/22/2021. (apk) (Entered: 06/22/2021)

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  • 06/21/2021
  • DocketRemark: Exit Electronic Copies to Duty Judge (LPS). (apk) (Entered: 06/21/2021)

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  • 06/21/2021
  • DocketNo Summons Issued. (apk) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#3) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#2) [SEALED] COMPLAINT filed with Jury Demand against William F. Banholzer, Mark A. Beck, Martha S. Byorum, Kirk S. Hachigian, Jeld-Wen Holdings, Inc., L. Brooks Mallard, Gregory G. Maxwell, Gary S. Michel, Anthony Munk, Onex Corporation, Matthew D. Ross, Suzanne L. Stefany, Bruce M. Taten, Patrick Tolbert, Roderick C. Wendt, Steven E. Wynne - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3639708.) - filed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Verification, #2 Civil Cover Sheet)(apk) (Additional attachment(s) added on 6/23/2021: #3 Shieta Black Verification) (apk). (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#1) MOTION for Leave to File Complaint Under Seal - filed by Shieta Black, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Text of Proposed Order)(apk) (Entered: 06/21/2021)

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