HTML Document View

Full title: Order Authorizing the Debtors to File Under Seal Exhibit 1 to the Proposed Order to the Debtors' Motion for Entry of an Order Authorizing the Debtors to Make Payments to Certain Employees Under the Debtors' Pre-Petition Bonus Program (Related Doc # 696) Signed on 2/2/2021. (LMC) (Entered: 02/02/2021)

Document posted on Feb 1, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Docket No. 696 ORDER AUTHORIZING THE DEBTORS TO FILE UNDER SEAL EXHIBIT 1 TO THE PROPOSED ORDER TO THE DEBTORS’ MOTION FOR ENTRY OF AN ORDER AUTHORIZING THE DEBTORS TO MAKE PAYMENTS TO CERTAIN EMPLOYEES UNDER THE DEBTORS’ PRE-PETITION BONUS PROGRAM Upon the motion (the “Motion to Seal”)2 of the above-captioned debtors and debtors in possession (collectively, the “Debtors”) seeking entry of an order (this “Order”), pursuant to section 107(b) of the Bankruptcy Code, Bankruptcy Rule 9018-1, (a) authorizing the Debtors to file under seal the Bonus Schedule that is attached as Exhibit 1 to the proposed order to the Debtors’ Motion for Entry of an Order Authorizing the Debtors to Make Payments to Certain Employees Under the Debtors Pre-Petition Bonus Program[Docket No. 689] (the “Bonus Payment Motion”) and (b) granting such other and further relief as requested in the Bonus Payment Motion or as the Court otherwise deems necessary or appropriate, all as more fully set forth in the Motion to Seal; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States 1 The last four digits of YouFit Health Clubs, LLC’s tax identification number are 6607.§ 157(b)(2)(A), and that the Court may enter a final order consistent with Article III of the United States Constitution; and the Court having found that venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having determined that notice of the Motion to Seal was appropriate under the circumstances and no other notice need be provided; and the Court having reviewed and considered the Motion to Seal; and the Court having determined that the legal and factual bases set forth in the Motion to Seal establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor The confidential information included in the Bonus Schedule shall remain under seal, confidential and not made available to anyone, except for (a) this Court, (b) the Office of the United States Trustee for the District of Delaware, (c) counsel to the Official Committee of Unsecured Creditors, and (d) counsel to the Debtors’ prepetition and postpetition lenders and administrative and collateral agents, respectively, without either: (i) the express consent of the Debtors, or (ii) further order of the Court, which order shall not be granted without notice and an 2 opportunity to object being provided to the Debtors.

Page 1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Chapter 11 YOUFIT HEALTH CLUBS, LLC, et al.,1 Case No. 20-12841 (MFW) Debtors. (Jointly Administered) Ref. Docket No. 696 ORDER AUTHORIZING THE DEBTORS TO FILE UNDER SEAL EXHIBIT 1 TO THE PROPOSED ORDER TO THE DEBTORS’ MOTION FOR ENTRY OF AN ORDER AUTHORIZING THE DEBTORS TO MAKE PAYMENTS TO CERTAIN EMPLOYEES UNDER THE DEBTORS’ PRE-PETITION BONUS PROGRAM Upon the motion (the “Motion to Seal”)2 of the above-captioned debtors and debtors in possession (collectively, the “Debtors”) seeking entry of an order (this “Order”), pursuant to section 107(b) of the Bankruptcy Code, Bankruptcy Rule 9018, and Local Rule 9018-1, (a) authorizing the Debtors to file under seal the Bonus Schedule that is attached as Exhibit 1 to the proposed order to the Debtors’ Motion for Entry of an Order Authorizing the Debtors to Make Payments to Certain Employees Under the Debtors Pre-Petition Bonus Program [Docket No. 689] (the “Bonus Payment Motion”) and (b) granting such other and further relief as requested in the Bonus Payment Motion or as the Court otherwise deems necessary or appropriate, all as more fully set forth in the Motion to Seal; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States 1 The last four digits of YouFit Health Clubs, LLC’s tax identification number are 6607. Due to the large number of debtor entities in these chapter 11 cases, a complete list of the debtor entities and the last four digits of their federal tax identification numbers is not provided herein. A complete list of such information may be obtained on the website of the claims and noticing agent at www.donlinrecano.com/yfhc. The mailing address for the debtor entities for purposes of these chapter 11 cases is: 1350 E. Newport Center Dr., Suite 110, Deerfield Beach, FL 33442. 2 Capitalized terms used but not otherwise defined herein have the meanings set forth in the Motion to Seal.

Page 2

District Court for the District of Delaware, dated as of February 29, 2012; and the Court having found that this is a core proceeding pursuant to 28 U.SC. § 157(b)(2)(A), and that the Court may enter a final order consistent with Article III of the United States Constitution; and the Court having found that venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having determined that notice of the Motion to Seal was appropriate under the circumstances and no other notice need be provided; and the Court having reviewed and considered the Motion to Seal; and the Court having determined that the legal and factual bases set forth in the Motion to Seal establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor IT IS HEREBY ORDERED THAT: 1. The Motion to Seal is GRANTED as set forth herein. 2. The Debtors are authorized to file the Bonus Schedule attached as Exhibit 1 to the proposed order to the Bonus Payment Motion under seal or on a redacted basis and such seal or redaction shall be maintained pursuant to Local Rule 9018-1. The sealed or redacted information set forth in the Bonus Schedule shall remain strictly confidential and use of such information shall be subject to Local Rule 901801(e). 3. The confidential information included in the Bonus Schedule shall remain under seal, confidential and not made available to anyone, except for (a) this Court, (b) the Office of the United States Trustee for the District of Delaware, (c) counsel to the Official Committee of Unsecured Creditors, and (d) counsel to the Debtors’ prepetition and postpetition lenders and administrative and collateral agents, respectively, without either: (i) the express consent of the Debtors, or (ii) further order of the Court, which order shall not be granted without notice and an 2

Page 3

opportunity to object being provided to the Debtors. Such parties shall be bound by this Order and shall keep all sealed information in the Bonus Schedule strictly confidential. 4. The Bonus Schedule shall remain sealed after the Debtors’ chapter 11 cases are closed. 5. The Debtors are authorized to take any action as may be necessary and appropriate to implement the terms of this Order in accordance with the Motion to Seal. 6. The terms of this Order shall be immediately effective and enforceable upon entry. 7. The Court retains jurisdiction to hear and determine matters arising from or relating to the interpretation, implementation, or enforcement of this Order. Dated: February 2nd, 2021 3 MARY F. WALRATH Wilmington, Delaware