GNC HOLDINGS, LLC v. ONI DISTRIBUTION CORPORATION et al
| GNC HOLDINGS, LLC |
| ONI DISTRIBUTION CORPORATION and TOTAL NUTRITION CORPORATION |
| 2:2024cv01279 |
| September 5, 2024 |
| U.S. District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Other Statutes: Arbitration |
| 09 U.S.C. ยง 1 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on September 12, 2024. A more recent docket listing may be available from PACER.
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Filing 5
ORDER governing procedures for motions filed under Fed. R. Civ. P. 12. See contents of this filing for instructions. Signed by Judge Cathy Bissoon on 9/12/2024. (jmm)
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Filing 4
ORDER denying #3 Motion to seal Civil Action No. 24-1279. While the Motion is well intentioned, the heightened standards for sealing a case cannot be met. The Court is aware of the confidentiality and consent provisions in Article 40 of the ICDR Rules. But Article 40(3) also contemplates disclosure for "rulings that have become public in the course of enforcement." This case has been filed in furtherance of enforcement, and it cannot be kept secret. Additionally, while Petitioner may be seen as having done the right thing in attempting to preserve confidentiality until Respondent has an opportunity to consent in part or in whole, the right of public access cannot hinge on Respondent's consent. This case presents a relatively common request for recognition of an arbitration award under the FAA. The law should not, and in this case will not, be read to allow a respondent to avoid this Court's exercise of jurisdiction through a withholding of consent. Petitioner's Motion contemplates that the seal be automatically lifted in 7 days. Although 7 days have not passed since the filing of the motion, today (9/12/24) is 7 days after the filing of the Petition/Complaint, and the Motion should have been filed contemporaneously with the Petition. Thus, the case sealing, which has not been recognized by the Court, will be removed from the docket, and there should be no objection to the Court acting without notice to Petitioner. Finally, the Court expressly holds that Petitioner's presentment of the arbitration award was made "in the course of enforcement"; Petitioner has taken all reasonable steps to preserve confidentiality; and publication of the award is appropriate. Signed by Judge Cathy Bissoon on 9/12/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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| Filing 3 MOTION to Seal Case by GNC HOLDINGS, LLC. (Attachments: #1 Proposed Order) (jd) |
| Filing 2 BRIEF in Support of #1 Complaint, filed by GNC HOLDINGS, LLC. (Attachments: #1 Declaration of Louis M. Solomon) (jd) |
| Filing 1 COMPLAINT against ONI DISTRIBUTION CORPORATION, TOTAL NUTRITION CORPORATION (Filing fee, including Administrative fee, $405, receipt number 200010789), filed by GNC HOLDINGS, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order, #6 Receipt) (jd) |
| Judge Cathy Bissoon added. (jd) |
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