Drive CPG LLC v. Atlantik Beteiligungs GMBH et al
| Drive CPG LLC |
| Atlantik Beteiligungs GMBH and Beurer GMBH |
| 1:2023cv00612 |
| June 5, 2023 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice Attorney Mark F. Raymond for Atlantik Beteiligungs GMBH and Beurer GMBH 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) |
| Pro Hac Vice Attorney Christina Lehm for Atlantik Beteiligungs GMBH and Beurer GMBH 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. (apk) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Mark F. Raymond and Christina Lehm - filed by Atlantik Beteiligungs GMBH, Beurer GMBH. (Sensing, John) |
| Filing 14 Joint STIPULATION TO EXTEND TIME Respondents Atlantik Beteiligungs GmbH and Beurer GmbH's response in opposition to Petitioner Drive CPG LLC's Motion to Modify Arbitration Award to August 11, 2023 - filed by Atlantik Beteiligungs GMBH, Beurer GMBH. (Sensing, John) |
SO ORDERED re #14 Joint STIPULATION TO EXTEND TIME to file opposition to Petitioner Drive CPG LLC's Motion to Modify Arbitration Award to August 11, 2023 (Set Briefing Schedule - Answering Brief due 8/11/2023). ORDERED by Judge Maryellen Noreika on 6/30/2023. (dlw)
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SO ORDERED re #15 MOTION for Pro Hac Vice Appearance of Attorney Mark F. Raymond and Christina Lehm filed by Atlantik Beteiligungs GMBH, Beurer GMBH. ORDERED by Judge Maryellen Noreika on 6/30/2023. (dlw)
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| Filing 13 WAIVER OF SERVICE returned executed by Drive CPG LLC: For Beurer GMBH waiver sent on 6/15/2023, answer due 8/14/2023. (Conaway, Bernard) |
| Filing 12 WAIVER OF SERVICE returned executed by Drive CPG LLC: For Atlantik Beteiligungs GMBH waiver sent on 6/15/2023, answer due 8/14/2023. (Conaway, Bernard) |
| Remark - D.I. 2 and 3 have been unsealed pursuant to D.I. 11 Oral Order. (dlw) |
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Filing 11
ORAL ORDER re #10 Declaration, #9 Redacted Document, #8 Redacted Document - IT IS HEREBY ORDERED that the redacted versions of D.I. 2 and 3 and supporting declaration are rejected for failing to establish the requisite standard required by the third circuit in the In Re Avandia case. To be clear, the showing required is NOT that "[i]t is unlikely that any party will request that this information be made public, and these redacted items do not contain issues important to the public." Moreover, the Court will not allow redaction of exhibits in their entirety. The parties may attempt to refile appropriate redactions with an appropriate supporting declaration by NOON on 6/14/2023. Failure to do so will result in the papers being unsealed. ORDERED by Judge Maryellen Noreika on 6/12/2023. (dlw)
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| Filing 10 DECLARATION of Bernard G. Conaway, Esquire re #9 Redacted Document, #8 Redacted Document by Drive CPG LLC. (Conaway, Bernard) Modified on 6/12/2023 (dlw). |
| Filing 9 REDACTED VERSION of #3 MOTION to Modify Arbitration Award by Drive CPG LLC. (Attachments: #1 Exhibit 1 through 8, #2 Text of Proposed Order)(Conaway, Bernard) Modified on 6/12/2023 (dlw). |
| Filing 8 REDACTED VERSION of #2 Petition for Modification of Arbitration Award by Drive CPG LLC. (Attachments: #1 Exhibit 1 through 3)(Conaway, Bernard) Modified on 6/12/2023 (dlw). |
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Filing 7
ORAL ORDER re #1 MOTION to Seal - IT IS HEREBY ORDERED that the motion to seal is GRANTED. A redacted version shall be filed within seven (7) days of the date of filing (not from the date of this order). Counsel is cautioned, however, not to over-redact and shall adhere to the standard set forth in In Re Avandia Mktg., Sales Practices and Prods. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) which says that in contrast (to situations where Pansy applies), when court documents are filed under seal, courts should employ the more rigorous common law standard, which provides that "there is a presumptive right of public access to pretrial motions of a non-discovery nature, whether preliminary or dispositive." This common law presumption is not absolute, and may be overcome by a showing that the "interest in secrecy" outweighs the "presumptive right of public access." This may be achieved by demonstrating that disclosure of the material will work a clearly defined, serious injury to the party seeking to keep documents under seal. A party must be able to articulate the compelling, countervailing interests to be protected; broad allegations of harm, bereft of specific examples or articulated reasons, will be insufficient to permit documents to remain confidential. THEREFORE, IT IS FURTHER ORDERED that a declaration shall be filed with the redacted filing, setting forth in a paragraph-by-paragraph basis for each requested redaction, the clearly defined and serious injury that will result should the information not be redacted. ORDERED by Judge Maryellen Noreika on 6/8/2023. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Remark: Exit electronic copies to Duty Judge, CFC. (mkr) |
| Filing 6 Summons Issued as to Atlantik Beteiligungs GMBH on 6/5/2023; Beurer GMBH on 6/5/2023. (Attachments: #1 Summons Issued)(mkr) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Drive CPG LLC. (mkr) |
| Filing 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) |
| Filing 3 MOTION TO MODIFY ARBITRATION AWARD - filed by Drive CPG LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 part 1, #8 Exhibit 7 part 2, #9 Exhibit 7 part 3, #10 Exhibit 7 part 4, #11 Exhibit 7 part 5, #12 Exhibit 7 part 6, #13 Exhibit 7 part 7, #14 Exhibit 8, #15 Proposed Order)(mkr) Modified on 6/15/2023 (dlw). UNSEALED 6/15/2023 PURSUANT TO D.I. 11 ORAL ORDER |
| Filing 2 PETITION for MODIFICATION OF ARBITRATION AWARD filed against Atlantik Beteiligungs GMBH and Beurer GMBH (Filing fee $ 402, receipt number ADEDC-4151066.) - filed by Drive CPG LLC. (Attachments: #1 Exhibit 1-3, # 2 Civil Cover Sheet) (mkr) Modified on 6/15/2023 (dlw). UNSEALED 6/15/2023 PURSUANT TO D.I. 11 ORAL ORDER |
| Filing 1 MOTION to Seal Petition for Modification of Arbitration Award and Motion to Modify Arbitration Award - filed by Drive CPG LLC. (Attachments: #1 Exhibit A #2 Proposed Order) (mkr) |
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