Case Details

CourtSouthern District of Florida
Docket number1:16-cv-20245
Date case filed2016-01-20
Date case closed2017-03-17
Date of latest filing
Assigned toJudge Ursula Ungaro
Case cause29:1001 E.R.I.S.A.: Employee Retirement
Nature of suit791 Labor: E.R.I.S.A.
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Thomas E. Perez
Party type: Plaintiff
Secretary of Labor United States Department of Labor
Attorney name: Lydia Jones Chastain
Attorney Contact:
United States Department of Labor
61 Forsyth Street SW
Room 7T10
Atlanta, GA 30303
404-302-5489
Fax: 404-302-5438
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Commodity Control Corporation
Party type: Defendant
Attorney name: Gerald Edward Greenberg
Attorney Contact:
Gelber Schachter & Greenberg, P.A.
1221 Brickell Avenue
Suite 2010
Miami, FL 33131
305-728-0950
Fax: 305-728-0951
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Freddy Funes
Attorney Contact:
Gelber Schachter & Greenberg, P.A.
1221 Brickell Avenue
Suite 2010
Miami, FL 33131
305-728-0958
Fax: 305-728-0951
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: David J. Pilger
Party type: Defendant
an individual
Attorney name: Gerald Edward Greenberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Freddy Funes
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: William M Pilger
Party type: Defendant
the estate of William M. Pilger, an individual
Attorney name: Gerald Edward Greenberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Freddy Funes
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Commodity Control Employee Stock Ownership Plan and Trust
Party type: Defendant
Attorney name: Gerald Edward Greenberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Freddy Funes
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-01-20 COMPLAINT Complaint against All Defendants. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Thomas E. Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s))(Chastain, Lydia) (Entered: 01/20/2016)
22016-01-20 Judge Assignment to Judge Ursula Ungaro (jc) (Entered: 01/21/2016)
32016-01-21 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jc) (Entered: 01/21/2016)
42016-01-21 Clerk Notice - see docket entry # 5 (jc) Modified text on 1/21/2016 (jc). (Entered: 01/21/2016)
52016-01-21 Clerks Notice to Filer re: Summons(es) cannot be issued. Attorney or Pro Se party's return address is not listed. (jc) (Entered: 01/21/2016)
62016-01-21 NOTICE of Filing Proposed Summons(es) by Thomas E. Perez re 1 Complaint, filed by Thomas E. Perez (Attachments: # 1 Summon(s) Commodity Control Corp., # 2 Summon(s) Commodity Control Corp. ESOP and Trust, # 3 Summon(s) David Pilger, # 4 Summon(s) William Pilger) (Chastain, Lydia) (Entered: 01/21/2016)
72016-01-22 Summons Issued as to Commodity Control Corporation. (ls) (Entered: 01/22/2016)
82016-01-22 Summons Issued as to David J. Pilger. (ls) (Entered: 01/22/2016)
92016-01-22 Summons Issued as to William M. Pilger. (ls) (Entered: 01/22/2016)
102016-01-22 Summons Issued as to Commodity Control Employee Stock Ownership Plan and Trust. (ls) (Entered: 01/22/2016)
112016-02-08 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE: ( Scheduling Conference set for 3/11/2016 10:00 AM in Miami Division before Judge Ursula Ungaro.) -Joint Planning and Scheduling Report/Order due by 2/26/2016 Signed by Judge Ursula Ungaro on 2/8/2016. (srd) (Entered: 02/09/2016)
122016-02-23 Consent MOTION for Extension of Time to file joint planning and scheduling report and for postponement of initial planning and scheduling conference re 11 Order Requiring Joint Scheduling Report, Scheduling Order,, by Thomas E. Perez. Responses due by 3/11/2016 (Chastain, Lydia) (Entered: 02/23/2016)
132016-02-25 ORDER granting 12 Motion for Extension of Time. -Joint Planning and Scheduling Report due by 3/25/2016. Planning and Scheduling Conference reset for 4/8/2016 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 2/24/2016. (srd) (Entered: 02/25/2016)
142016-02-26 NOTICE of Attorney Appearance by Gerald Edward Greenberg on behalf of Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. Attorney Gerald Edward Greenberg added to party Commodity Control Corporation(pty:dft), Attorney Gerald Edward Greenberg added to party Commodity Control Employee Stock Ownership Plan and Trust(pty:dft), Attorney Gerald Edward Greenberg added to party David J. Pilger(pty:dft), Attorney Gerald Edward Greenberg added to party William M Pilger(pty:dft). (Greenberg, Gerald) (Entered: 02/26/2016)
152016-02-26 NOTICE of Attorney Appearance by Freddy Funes on behalf of Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. Attorney Freddy Funes added to party Commodity Control Corporation(pty:dft), Attorney Freddy Funes added to party Commodity Control Employee Stock Ownership Plan and Trust(pty:dft), Attorney Freddy Funes added to party David J. Pilger(pty:dft), Attorney Freddy Funes added to party William M Pilger(pty:dft). (Funes, Freddy) (Entered: 02/26/2016)
162016-02-29 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. Commodity Control Corporation waiver sent on 2/18/2016, answer due 4/18/2016. (Howard-Fishburne, Tremelle) (Entered: 02/29/2016)
172016-02-29 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. David J. Pilger waiver sent on 2/18/2016, answer due 4/18/2016. (Howard-Fishburne, Tremelle) (Entered: 02/29/2016)
182016-03-01 NOTICE of Striking 16 Waiver of Service Executed filed by Thomas E. Perez, 17 Waiver of Service Executed filed by Thomas E. Perez by Thomas E. Perez (Chastain, Lydia) (Entered: 03/01/2016)
192016-03-01 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. (Chastain, Lydia) (Entered: 03/01/2016)
202016-03-01 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. (Chastain, Lydia) (Entered: 03/01/2016)
212016-03-01 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. Commodity Control Employee Stock Ownership Plan and Trust waiver sent on 2/18/2016, answer due 4/18/2016. (Chastain, Lydia) (Entered: 03/01/2016)
222016-03-01 WAIVER OF SERVICE Returned Executed by Thomas E. Perez. William M Pilger waiver sent on 2/18/2016, answer due 4/18/2016. (Chastain, Lydia) (Entered: 03/01/2016)
232016-03-01 Corporate Disclosure Statement by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger (Greenberg, Gerald) (Entered: 03/01/2016)
242016-03-25 SCHEDULING REPORT - Rule 26(f) by Thomas E. Perez (Attachments: # 1 Text of Proposed Order)(Chastain, Lydia) Modified Text on 3/28/2016 (ls). (Entered: 03/25/2016)
252016-04-01 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. Responses due by 4/18/2016 (Greenberg, Gerald) (Entered: 04/01/2016)
262016-04-04 ORDER RESETTING PLANNING & SCHEDULING CONFERENCE: Scheduling Conference re-set for 5/6/2016 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 4/4/2016. (ar2) (Entered: 04/04/2016)
272016-04-18 RESPONSE in Opposition re 25 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Thomas E. Perez. Replies due by 4/28/2016. (Chastain, Lydia) Modified Text on 4/19/2016 (ls). (Entered: 04/18/2016)
282016-04-18 RESPONSE to Motion re 25 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM CORRECTED VERSION filed by Thomas E. Perez. Replies due by 4/28/2016. (Chastain, Lydia) (Entered: 04/18/2016)
292016-04-20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 25 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (Attachments: # 1 Text of Proposed Order)(Greenberg, Gerald) Modified Text on 4/20/2016 (ls). (Entered: 04/20/2016)
302016-04-20 ORDER denying 29 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Ursula Ungaro on 4/20/2016. (srd) (Entered: 04/21/2016)
312016-04-28 Unopposed MOTION for Leave to Appear at the Initial Planning and Scheduling Conference via Telephone by Thomas E. Perez. (Chastain, Lydia) Modified Text on 4/29/2016 (ls). (Entered: 04/28/2016)
322016-04-28 RESPONSE/REPLY to 25 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM , 28 Response to Motion To Dismiss for Failure To State a Claim by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (Greenberg, Gerald) (Entered: 04/28/2016)
332016-04-28 REPLY to Response to Motion re 25 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (ls)(See Image at DE # 32 ) (Entered: 04/29/2016)
342016-04-29 Clerks Notice to Filer re 32 Response/Reply (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#33]. It is not necessary to refile this document. (ls) (Entered: 04/29/2016)
352016-05-03 ORDER RESETTING PLANNING & SCHEDULING CONFERENCE: Scheduling Conference set for 6/3/2016 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 5/3/2016. (mc) (Entered: 05/03/2016)
362016-05-03 ORDER granting in part and denying in part 25 Motion to Dismiss 1 Complaint for Failure to State a Claim. Amended Complaint due 5/11/2016. Signed by Judge Ursula Ungaro on 5/3/2016. (ls) (Entered: 05/04/2016)
372016-05-04 ORDER denying as moot 31 Unopposed Motion for Leave to Appear at the Initial Planning and Scheduling Conference via Telephone. Signed by Judge Ursula Ungaro on 5/4/2016. (ls) (Entered: 05/04/2016)
382016-05-11 AMENDED COMPLAINT (Injunctive Relief Sought) against All Defendants, filed by Thomas E. Perez. (Attachments: # 1 Exhibit A)(Chastain, Lydia) (Entered: 05/11/2016)
392016-05-25 Defendants' ANSWER and Affirmative Defenses to Amended Complaint by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (Greenberg, Gerald) (Entered: 05/25/2016)
402016-06-06 SCHEDULING ORDER FOR PRETRIAL CONFERENCE AND TRIAL: Pretrial Conference set for 1/27/2017 10:00 AM in Miami Division before Judge Ursula Ungaro. Jury Trial set for 2/21/2017 09:00 AM before Judge Ursula Ungaro. Calendar Call set for 2/15/2017 01:00 PM before Judge Ursula Ungaro. Amended Pleadings due by 7/8/2016. Discovery due by 11/11/2016. Joinder of Parties due by 7/8/2016. In Limine Motions due by 12/9/2016. Motions due by 12/2/2016. Pretrial Stipulation due by 12/16/2016. Signed by Judge Ursula Ungaro on 6/3/2016. (mc) (Entered: 06/06/2016)
412016-06-06 ORDER OF REFERRAL to Mediation. Signed by Judge Ursula Ungaro on 6/3/2016. (mc) (Entered: 06/06/2016)
422016-06-21 NOTICE by Thomas E. Perez re 41 Order Referring Case to Mediation Notice of Selection of Mediator (Chastain, Lydia) (Entered: 06/21/2016)
432016-06-22 Clerks Notice to Filer re 42 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties/mediator. AND Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Mediator Selection. (ls) (Entered: 06/22/2016)
442016-06-22 NOTICE of Mediator Selection: Attorney David H. Lichter selected. Filed/Added by Thomas E. Perez, David H. Lichter. (Chastain, Lydia) (Entered: 06/22/2016)
452016-07-22 ORDER TO SHOW CAUSE. Show Cause Response due by 7/29/2016. Signed by Judge Ursula Ungaro on 7/22/2016. (mc) (Entered: 07/22/2016)
462016-07-25 Notice of Mediation Hearing before Mediator, David H. Lichter, Esq. filed by Thomas E. Perez. Mediation Hearing set for 11/22/2016 09:00 AM (Chastain, Lydia) (Entered: 07/25/2016)
472016-07-26 Clerks Notice to Filer re 46 Notice of Mediation Hearing. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (ls) (Entered: 07/26/2016)
482016-07-26 ORDER Scheduling Mediation before David H. Lichter. Mediation Hearing set for 11/22/2016 09:00 AM. Signed by Judge Ursula Ungaro on 7/25/2016. (mc) (Entered: 07/26/2016)
492016-09-02 STATUS REPORT Interim Joint Status Report by Thomas E. Perez (Chastain, Lydia) (Entered: 09/02/2016)
502016-11-28 MEDIATION REPORT by David H. Lichter. Disposition: Case did not settle.(Lichter, David) (Entered: 11/28/2016)
512016-12-02 MOTION for Partial Summary Judgment and Supporting Memorandum of Law by Thomas E. Perez. Responses due by 12/16/2016 (Chastain, Lydia) (Entered: 12/02/2016)
522016-12-02 Statement of: Material Facts For Which Plaintiff Contends There Is No Genuine Issue To Be Tried by Thomas E. Perez (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Chastain, Lydia) (Entered: 12/02/2016)
532016-12-02 Statement of: Material Facts For Which Plaintiff Contends There Is No Genuine Issue To Be Tried by Thomas E. Perez (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Chastain, Lydia) (Entered: 12/02/2016)
542016-12-07 MOTION for Leave to File Revised Motion for Partial Summary Judgment and Supporting Memorandum of Law by Thomas E. Perez. (Attachments: # 1 Exhibit Revised Motion)(Chastain, Lydia) Modified Text on 12/8/2016 (ls). (Entered: 12/07/2016)
552016-12-07 NOTICE of Striking 52 Statement, filed by Thomas E. Perez by Thomas E. Perez (Chastain, Lydia) (Entered: 12/07/2016)
562016-12-08 ORDER denying as moot 51 Motion for Partial Summary Judgment; granting 54 Motion for Leave to File Revised Motion for Partial Summary Judgment. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Ursula Ungaro on 12/8/2016. (ls) (Entered: 12/08/2016)
572016-12-08 Corrected MOTION for Partial Summary Judgment and Supporting Memorandum of Law by Thomas E. Perez. Responses due by 12/22/2016 (Chastain, Lydia) (Entered: 12/08/2016)
582016-12-16 PRETRIAL STIPULATION Joint by Thomas E. Perez (Attachments: # 1 Exhibit A - Exhibit List and Witness List)(Chastain, Lydia) Modified Text on 12/16/2016 (ls). (Entered: 12/16/2016)
592016-12-16 Proposed Findings of Fact and Proposed Conclusions of Law by Thomas E. Perez. (Chastain, Lydia) (Entered: 12/16/2016)
602016-12-16 Statement of: Material Facts by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger re 53 Statement, (Attachments: # 1 Exhibit 1 - Declaration of David Pilger, # 2 Exhibit 2 - Deposition Transcript of David Pilger, # 3 Exhibit 3 - Deposition Transcript of Tracy Lamb, # 4 Exhibit 4 - Deposition Transcript of Andrew Bernstein, # 5 Exhibit 5 - Nov. 21, 2011 Value Driven Report, # 6 Exhibit 6 - Feb. 3, 2011 Value Driven Report, # 7 Exhibit 7 - Andrew C. Bernstein Expert Rule 26 Report)(Greenberg, Gerald) (Entered: 12/16/2016)
612016-12-16 RESPONSE in Opposition re 57 Corrected MOTION for Partial Summary Judgment and Supporting Memorandum of Law filed by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. Replies due by 12/23/2016. (Greenberg, Gerald) (Entered: 12/16/2016)
622016-12-16 Proposed Findings of Fact and Proposed Conclusions of Law by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (Greenberg, Gerald) (Entered: 12/16/2016)
632016-12-21 REPLY to Response to Motion re 57 Corrected MOTION for Partial Summary Judgment and Supporting Memorandum of Law filed by Thomas E. Perez. (Chastain, Lydia) (Entered: 12/21/2016)
642016-12-28 Defendant's MOTION for Leave to File Sur-Reply in Opposition to Partial Motion for Summary Judgment by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust, David J. Pilger, William M Pilger. (Attachments: # 1 Text of Proposed Order on Motion for Leave to File Sur-Reply in Opposition to Partial Motion for Summary Judgment, # 2 Exhibit 2 - Defendants' Sur-Reply Opposing Plaintiff's Motion for Partial Summary Judgment)(Greenberg, Gerald) (Entered: 12/28/2016)
652017-01-04 ORDER on Defendant's Motion to File Sur-Reply; granting 64 Motion for Leave to File. Signed by Judge Ursula Ungaro on 1/4/2017. (asl) (Entered: 01/05/2017)
662017-01-04 Sur-Reply re 63 Reply to Response to Motion by Commodity Control Corporation, Commodity Control Employee Stock Ownership Plan and Trust. See 64 -2 for image (asl) (Entered: 01/05/2017)
672017-01-23 ORDER, ( Pretrial Conference re-set for 3/10/2017 10:00 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 1/23/2017. (ls) (Entered: 01/23/2017)
682017-02-07 ORDER, ( Calendar Call set for 3/29/2017 01:00 PM in Miami Division before Judge Ursula Ungaro., Jury Trial set for 4/3/2017 09:00 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 2/7/2017. (ls) (Entered: 02/07/2017)
692017-03-02 Unopposed MOTION for Leave to Appear at the Pretrial Conference via Telephone. Attorney/Representative: Lydia J. Chastain by Thomas E. Perez. Responses due by 3/16/2017 (Chastain, Lydia) Modified Text on 3/3/2017 (ls). (Entered: 03/02/2017)
702017-03-03 Clerks Notice to Filer re 69 Plaintiff's MOTION for Leave to Appear Telephonically March 10, 2017 at the Pretrial Conference. Attorney/Representative: Lydia J. Chastain. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) (Entered: 03/03/2017)
712017-03-03 ORDER denying 69 Unopposed Motion for Leave to Appear at the Pretrial Conference via Telephone. Signed by Judge Ursula Ungaro on 3/3/2017. (ls) (Entered: 03/03/2017)
722017-03-07 NOTICE OF UNAVAILABILITY by Thomas E. Perez of Plaintiff's Expert Witness from 11AM to 3PM on April 5, 2017, and on April 10, 2017 Through April 13, 2017 (Chastain, Lydia) (Entered: 03/07/2017)
732017-03-07 ORDER denying 57 Revised Motion for Partial Summary Judgment. Signed by Judge Ursula Ungaro on 3/7/2017. (ls) (Entered: 03/07/2017)
742017-03-10 ORDER on Pretrial Conference Adopting 58 Joint Pretrial Stipulation filed by Thomas E. Perez. ( Bench Trial set for 4/3/2017 09:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 3/10/2017. (ls) (Entered: 03/10/2017)
752017-03-14 TRANSCRIPT of Pretrial Conference held on 3/10/2017 before Judge Ursula Ungaro, 1-16 pages, Court Reporter: William Romanishin, 305-523-5558 / [email protected] Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2017. Redacted Transcript Deadline set for 4/14/2017. Release of Transcript Restriction set for 6/12/2017. (br) (Entered: 03/14/2017)
762017-03-16 SUPPLEMENTAL MEDIATION REPORT by David H. Lichter. Disposition: Settled in full.(Lichter, David) (Entered: 03/16/2017)
772017-03-17 Notice of Court Practice upon Notice of Settlement ; Parties papers related to Settlement due 3/31/2017. Signed by Judge Ursula Ungaro on 3/17/2017. (ls) (Entered: 03/17/2017)
782017-03-17 Administrative Order Closing Case. Signed by Judge Ursula Ungaro on 3/17/2017. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 03/17/2017)