Live Oak Banking Company v. StreetShares, Inc. et al
| Live Oak Banking Company |
| StreetShares, Inc. and MeridianLink, Inc. |
| 1:2023cv00332 |
| March 24, 2023 |
| US District Court for the District of Delaware |
| Gregory B Williams |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice Attorney Isabelle Ord for Live Oak Banking Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 38 [SEALED] First AMENDED COMPLAINT against All Defendants - filed by Live Oak Banking Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Morgan, Michelle) |
| Filing 37 [SEALED] ANSWER to #23 Answer to Complaint, Counterclaim - Answer and Affirmative Defenses to Defendant StreetShares, Inc.'s Counterclaims by Live Oak Banking Company. (Attachments: #1 Certificate of Service)(Morgan, Michelle) |
| Filing 36 Unopposed MOTION to Seal Document: Plaintiff's [Unopposed] Motion For Leave To File Amended Complaint Under Seal - filed by Live Oak Banking Company. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Plaintiff's Motion For Leave To File Amended Complaint Under Seal)(Freund, Kelly) |
| Filing 35 Unopposed MOTION to Seal Document: Plaintiff's [Unopposed] Motion For Leave To File Answer And Affirmative Defenses To Defendant Streetshares, Inc.'s Counterclaims Under Seal - filed by Live Oak Banking Company. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Plaintiff's Motion For Leave To File Counterclaim Answer Under Seal)(Freund, Kelly) |
Filing 34
ORAL ORDER: IT IS HEREBY ORDERED that, not later than thirty (30) days from the date of this Order, the parties shall meet and confer and file a joint proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (See Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint proposed Scheduling Order (if there are no disputes or other issues concerning scheduling that the Court needs to address) or to schedule the Scheduling Conference. If there are disputes or other issues the Court needs to address in the joint proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint proposed Scheduling Order which those appear. ORDERED by Judge Gregory B. Williams on 5/17/23. (ntl)
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| Pro Hac Vice Attorneys DeMario M. Carswell and Christine V. Sama for MeridianLink, Inc., StreetShares, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Filing 33 REDACTED VERSION of #23 Answer to Complaint, Counterclaim by StreetShares, Inc.. (Golden, Ronald) |
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Filing 32
ORDER Granting re #22 MOTION to Seal Limited Portions of Answer and Counterclaims to Plaintiff's Complaint filed by StreetShares, Inc. Signed by Judge Gregory B. Williams on 5/4/23. (ntl)
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SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney Christine. Sama and DeMario M. Carswell filed by MeridianLink, Inc., StreetShares, Inc. Signed by Judge Gregory B. Williams on 5/4/23. (ntl)
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| Filing 31 OPENING BRIEF in Support re #28 MOTION to Dismiss for Failure to State a Claim filed by MeridianLink, Inc..Answering Brief/Response due date per Local Rules is 5/17/2023. (Golden, Ronald) |
| Filing 30 OPENING BRIEF in Support re #27 MOTION to Dismiss for Failure to State a Claim filed by StreetShares, Inc..Answering Brief/Response due date per Local Rules is 5/17/2023. (Golden, Ronald) |
| Filing 29 CERTIFICATE OF SERVICE of StreetShares, Inc.s Sealed Answer and Counterclaims by StreetShares, Inc. re #23 Answer to Complaint, Counterclaim (Golden, Ronald) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim - filed by MeridianLink, Inc.. (Attachments: #1 Text of Proposed Order)(Golden, Ronald) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim - filed by StreetShares, Inc.. (Attachments: #1 Text of Proposed Order)(Golden, Ronald) |
| Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Christine. Sama and DeMario M. Carswell - filed by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
| Filing 25 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate StreetShares for MeridianLink, Inc. filed by MeridianLink, Inc.. (Golden, Ronald) |
| Filing 24 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MeridianLink, Inc. for StreetShares, Inc. filed by StreetShares, Inc.. (Golden, Ronald) |
| Filing 23 [SEALED] ANSWER to #2 Complaint, with Jury Demand , COUNTERCLAIM against StreetShares, Inc. by StreetShares, Inc.. (Attachments: #1 Exhibit A)(Golden, Ronald) |
| Filing 22 MOTION to Seal Limited Portions of Answer and Counterclaims to Plaintiff's Complaint - filed by StreetShares, Inc.. (Golden, Ronald) |
| Filing 21 REDACTED VERSION of #13 Exhibit to a Document by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
| Filing 20 REDACTED VERSION of #2 Complaint, 19 Order,,,,,,,,, by Live Oak Banking Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (No Redactions), #4 Exhibit 4)(Freund, Kelly) |
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Filing 19
ORAL ORDER: Having reviewed Defendants' Motion to Seal Limited Portions of Complaint (the "Motion"), D.I. 11, and related filings, D. 12, D.I. 13, and the parties' joint letter and exhibits, D.I. 16, D.I. 17, IT IS HEREBY ORDERED that Defendants' Motion is granted-in-part and denied-in-part. The parties met and conferred and agreed to redacting (1) pricing information in the Complaint and Exhibits, and (2) the name of a third-party. D.I. 16 at 1 ("Defendants represented that their relationship with a third-party is protected by a confidentiality provision, so Live Oak agreed it would not object to Defendants' proposed redaction of that third-party name."). Therefore, the parties shall file their redactions consistent with those agreements. See Mosaid Techs. Inc. v. LSI Corp., 878 F. Supp. 2d 503, 511 (D. Del. 2012) ("[T]erms that relate to pricing, valuation, monetary payments, and financial information should be protected."). Defendants, however, seek additional redactions concerning "sensitive Competitive Business Information [ ] relating to customized services offered specifically by StreetShares to Plaintiff." D.I. 16 at 1. Defendants have not met the "good cause" standard as it relates to these additional redactions. Mosaid Techs. Inc., 878 F. Supp. 2d at 507-08. In determining whether good cause is met, the Court applies a balancing process, in which "courts weigh the harm of disclosing information against the importance of disclosure to the public." Id. at 508 (citing Pansy v. Borough of Stroudsburg, 23 F.3d 772, 787 (3d Cir. 1994)). Just because information is marked confidential does not mean it overcomes the presumption of public access, and blanket statements claiming that a lack of redactions would put a party at a "competitive disadvantage" is not enough to show good cause. See Cipla Ltd. v. Amgen Inc., No. CV 19-44-LPS, 2019 WL 669796, at *1 (D. Del. Feb. 19, 2019) ("While such information may be competitively sensitive, and/or may suggest or even reveal the contents of confidential agreements between the parties [ ], the public's right to access the courts substantially outweighs these private interests of the parties."). Therefore, the parties shall file a redacted copy of the Complaint, D.I. 2, consistent with this Oral Order by 5:00 PM on April 21, 2023. ORDERED by Judge Gregory B. Williams on 4/19/23. (ntl)
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| Filing 18 NOTICE of Appearance by Elizabeth Ann Powers on behalf of MeridianLink, Inc., StreetShares, Inc. (Powers, Elizabeth) |
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SO ORDERED, re #15 STIPULATION and [Proposed] Order Extending Time For StreetShares, Inc. and MeridianLink, Inc. to Answer, Move, or Otherwise Respond to the Complaint (D.I. 2) to May 3, 2023 filed by MeridianLink, Inc., StreetShares, Inc. Signed by Judge Gregory B. Williams on 4/19/23. (ntl)
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| Filing 17 [SEALED] SEALED EXHIBIT re #16 Letter CONFIDENTIAL - FILED UNDER SEAL - Exhibits A and B to Joint Answering Letter To The Honorable Gregory B. Williams Concerning Order On Redactions (D.I. 14) by Live Oak Banking Company. (Attachments: #1 Exhibit B, #2 Certificate of Service)(Morgan, Michelle) |
| Filing 16 Joint Letter to The Honorable Gregory B. Williams from Plaintiff and Defendants regarding the Court's Order On Redactions dated April 17, 2023 regarding the public version of the complaint (D.I. 14) - re 14 Order,. (Morgan, Michelle) |
| Filing 15 STIPULATION and [Proposed] Order Extending Time For StreetShares, Inc. and MeridianLink, Inc. to Answer, Move, or Otherwise Respond to the Complaint (D.I. 2) to May 3, 2023 by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
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Filing 14
ORAL ORDER: Having reviewed Defendant's Motion to Seal Limited Portions of Complaint, D.I. 11, IT IS HEREBY ORDERED that the parties have until 5 P.M. on April 18, 2023, to file a joint one-page letter explaining their redactions and each party file their proposed redactions as an exhibit. ORDERED by Judge Gregory B. Williams on 4/17/23. (ntl)
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| Filing 13 [SEALED] EXHIBIT re #11 MOTION to Seal Document: limited portions of Complaint re #1 by MeridianLink, Inc., StreetShares, Inc.. (Attachments: #1 Certificate of Service)(Golden, Ronald) |
| Filing 12 DECLARATION re #11 MOTION to Seal Document: limited portions of Complaint re #1 by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
| Filing 11 MOTION to Seal Document: limited portions of Complaint re #1 - filed by MeridianLink, Inc., StreetShares, Inc.. (Attachments: #1 Text of Proposed Order)(Golden, Ronald) |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Isabelle Ord and Akhil Sheth filed by Live Oak Banking Company. Signed by Judge Gregory B. Williams on 4/13/23. (ntl)
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SO ORDERED, re #10 STIPULATED ORDER TO EXTEND TIME re file redactions filed by MeridianLink, Inc., StreetShares, Inc. Signed by Judge Gregory B. Williams on 4/11/23. (ntl)
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| Filing 10 STIPULATION TO EXTEND TIME re file redactions to Complaint to April 14, 2023 - filed by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Isabelle Ord and Akhil Sheth - filed by Live Oak Banking Company. (Attachments: #1 Certification By Counsel To Be Admitted Pro Hac Vice of Isabelle Ord, #2 Certification By Counsel To Be Admitted Pro Hac Vice of Akhil Sheth)(Morgan, Michelle) |
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SO ORDERED, re #8 Stipulated Order that the Deadline for Plaintiff Live Oak Banking Company to File Its Redacted Complaint is extended to 4/7/23 filed by MeridianLink, Inc., StreetShares, Inc. Signed by Judge Gregory B. Williams on 4/4/23. (ntl)
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| Filing 8 PROPOSED ORDER Stipulated Order that the Deadline for Plaintiff Live Oak Banking Company to File Its Redacted Complaint by MeridianLink, Inc., StreetShares, Inc.. (Golden, Ronald) |
| Filing 7 SUMMONS Returned Executed by Live Oak Banking Company.MeridianLink, Inc. served on 3/28/2023, answer due 4/18/2023. (Morgan, Michelle) |
| Filing 6 SUMMONS Returned Executed by Live Oak Banking Company.StreetShares, Inc. served on 3/28/2023, answer due 4/18/2023. (Morgan, Michelle) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (nms) |
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Filing 5
ORDER granting D.I. #1 Motion for Leave to File Complaint and Exhibits Under Seal.Signed by Judge Richard G. Andrews on 03/27/2023. (vfm)
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| Remark: Case submitted for routine judicial assignment. (vfm) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Live Oak Bancshares, Inc. for Live Oak Banking Company filed by Live Oak Banking Company. (vfm) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm) |
| Filing 2 [SEALED] COMPLAINT filed with Jury Demand against MeridianLink, Inc., StreetShares, Inc. ( Filing fee $ 402, receipt number ADEDC-4097158.) - filed by Live Oak Banking Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (vfm) |
| Filing 1 Motion for Leave to File Complaint and Exhibits Under Seal. - filed by Live Oak Banking Company. (Attachments: #1 Text of Proposed Order) (vfm) |
| No Summons Issued. (vfm) |
| Remark: Exit copies to Duty Judge (RGA). (vfm) |
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