______________________________________ 

David G. Barger (VSB No. 21652) 

Thomas J. McKee, Jr. (VSB No. 68427) 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Fax: (703) 749-1301 

Email: mckeet@gtlaw.com 

Counsel to ULX Partners, LLC, UnitedLex Corp., and ULX Manager, LLC

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

(Richmond Division)

In re: 

LECLAIRRYAN PLLC, 

 Debtor. 

______________________________________ 

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff, 

vs. 

ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC 

 Defendants. 

Chapter 7 

Case No. 19-34574 (KRH) 

 Adv. Proc. No. 20-03142-KRH 

MOTION FOR ENTRY OF AN ORDER AUTHORIZING DEFENDANTS TO FILE 

THEIR MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY 

JUDGMENT AND RELATED EXHIBITS UNDER SEAL 

ULX Partners, LLC (“ULXP”), UnitedLex Corporation (“UnitedLex”), and ULX 

Manager, LLC (“ULXM”) (collectively, the “Defendants”) by and through their undersigned 

counsel, pursuant to Rule 9018 of the Federal Rules of Bankruptcy Procedure, hereby files this 

Motion for Entry of an Order Authorizing Defendants to File Their Memorandum in Support of 

Their Motion for Summary Judgment and Related Exhibits Under Seal, (the “MSJ Memo”). (The 

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 1 of 6
2 

instant motion shall be referred to herein as the “Motion to Seal”. Defendants state the following 

in support of their Motion to Seal: 

1. On May 25, 2021, this Court entered a Stipulated Protective Order Regarding the 

Disclosure and Use of Confidential Information [Docket No. 47] (the “Protective Order”). 

2. The Protective Order allowed the Parties to exchange confidential information, 

including without limitation, “(a) the parties’ trade secrets or other sensitive non-public proprietary 

information; (b) any nonparty business entity’s trade secrets or other sensitive non-public 

proprietary information; (c) any personal information, the disclosure of which could violate 

individual privacy rights; (d) confidential contracts or contract terms, financial information, 

commercial information, or competitively sensitive information; (e) confidential and privileged 

client information, files, and other records; and/or (f) any nonparty information the secrecy of 

which a party has a duty to protect.” (Protective Order, ¶1). 

3. Pursuant to the Protective Order, the Parties have exchanged hundreds of thousands 

of pages of documents, many of which contain information regarding confidential and proprietary 

information belonging to the Parties. The Parties have, accordingly, stamped many such 

documents as CONFIDENTIAL as that term is defined in the Protective Order. 

4. Similarly, the Parties have taken more than a dozen depositions in this case. The 

Defendants have marked a number of these deposition transcripts as CONFIDENTIAL as they 

contain sensitive commercial information, business strategies, customer contact information, 

pricing terms, and the like. 

5. In accordance with the Third Stipulation and Amended Pre-Trial Order, 

concurrently herewith, Defendants are filing their Motion for Partial Summary Judgment, as well 

as the MSJ Memo on January 28, 2022. 

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 2 of 6
3 

6. The MSJ Memo contains various references throughout the memorandum with 

respect to the contents of documents that have been stamped as CONFIDENTIAL by the Parties. 

Similarly, attached to the MSJ Memo is Defendants’ Statement of Undisputed Material Facts and 

various exhibits, such as emails and deposition transcripts that have been marked as 

CONFIDENTIAL by at least one of the Parties. More specifically, some of the exhibits and 

deposition transcripts reference business strategies, pricing, client information, customer 

information, and related financial information that is not generally known to the public and which 

is confidential to either the Estate and/or the Defendants. 

7. As the Trustee has marked various documents and information upon which the 

Defendants seek to rely in their MSJ Memo, and to comply with the Protective Order, the 

Defendants respectfully request that the MSJ Memo be sealed pursuant to Rule 9018 of the Federal 

Rules of Bankruptcy Procedure, which provides: 

On motion or on its own initiative, with or without notice, the court may 

make any order which justice requires (1) to protect the estate or any entity 

in respect of a trade secret or other confidential research, development, or 

commercial information, (2) to protect any entity against scandalous or 

defamatory matter contained in any paper filed in a case under the Code, or 

(3) to protect governmental matters that are made confidential by statute or 

regulation. If an order is entered under this rule without notice, any entity 

affected thereby may move to vacate or modify the order, and after a hearing 

on notice the court shall determine the motion. 

8. Similarly, the Defendants respectfully seek to seal the MSJ Memo pursuant to 

established Fourth Circuit precedent. Before a district court may seal any court documents, it must 

(1) give public notice of the request to seal and allow interested parties a reasonable opportunity 

to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific 

reasons and factual findings supporting its decision to seal the documents and for rejecting the 

alternatives. See Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000) (citing In re Knight 

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 3 of 6
4 

Pub. Co., 743 F.2d 231, 235-36 (4th Cir. 1984)); see also Stone v. University of Maryland Med. 

Sys. Corp., 855 F.2d 178, 181 (4th Cir. 1988). 

9. The Defendants’ request satisfies all three of the Ashcraft requirements. The 

Defendants have met the public notice requirement by filing a separate Notice of this Sealing 

Motion for docketing. Public notice of the Sealing Motion is satisfied by docketing the Sealing 

Motion “reasonably in advance of deciding the issue.” In re Knight Publ’g Co., 743 F.2d at 235. 

In addition, the Defendants will provide notice of this Sealing Motion to (i) the Trustee; (ii) counsel 

for the Trustee; (iii) the Office of the United States Trustee; and (iv) all parties that have requested 

notice of this adversary proceeding. 

10. Short of the sealing described herein, there are no less drastic alternatives that 

appropriately protect the sensitive information contained in the MSJ Memo and its exhibits. 

Disclosures of confidential, proprietary, and sensitive information could cause harm to 

Defendants’ client relationships and competitive advantage. 

11. The third Ashcraft consideration is satisfied by the rationale for the sealing set forth 

above, which supports entry of the Proposed Order accompanying Sealing Motion. 

WHEREFORE, Defendants respectfully request that the Court grant this Motion to Seal 

by entry of the attached Proposed Order, and allow the filing of the MSJ Memo (including all 

exhibits) under seal on the public docket until such further Order of this Court, and for such other 

relief as is just and proper. 

Dated: January 28, 2022 __/s/ Thomas J. McKee, Jr._____________ 

David G. Barger (VSB No. 21652) 

Thomas J. McKee, Jr. (VSB No. 68427) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 4 of 6
5 

Facsimile: (703) 749-1301 

Email: bargerd@gtlaw.com 

 mckeet@gtlaw.com 

Counsel to ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC 

 

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 5 of 6
6 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 28th day of January, 2022, a true and correct copy of 

the foregoing document was served upon all counsel of record via the Court’s ECF system, 

including: 

Erika L. Morabito, Esq. 

Brittany J. Nelson, Esq. 

QUINN EMANUEL 

erikamorabito@quinnemanuel.com 

brittanynelson@quinnemanuel.com 

Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee 

 

/s/ Thomas J. McKee, Jr.____________ 

Thomas J. McKee, Jr. (VSB No. 68427) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Facsimile: (703) 749-1301 

Email: mckeet@gtlaw.com 

Counsel to ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC

Case 20-03142-KRH Doc 135 Filed 01/28/22 Entered 01/28/22 23:08:45 Desc Main

Document Page 6 of 6