Case 2:18-cv-01877-AB Document 23 Filed 06/25/19 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THRIVEST SPECIALTY FUNDING,
LLC
Petitioner,
v.

WILLIAM E. WHITE,

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CIVIL ACTION
Case No. 2:18-cv-1877

Respondent.
RESPONDENT’S MEMORANDUM IN OPPOSITION TO THRIVEST’S MOTION TO
SEAL EMERGENCY MOTION TO CONFIRM ARBITRATION AWARD

I.

Background
On May 1, 2018, Thrivest filed a Complaint to Compel Arbitration (the “Demand”) in the

United States District Court for the Western District of Pennsylvania which was transferred to
this Court on May 4, 2018.1 Thrivest, did not seek, however, to file the Demand (which
discloses both the existence and contents of the arbitration which is the subject of this action)
under seal.2
On May 2, 2018, the Court considered Thrivest’s emergency request to require Mr.
White to Escrow $750,000 for the same reasons it advanced to the Emergency Arbitrator on May
15, 2019.3 At the outset of that hearing, class counsel, Ms. Benedetto, in referring to the filing of
the Demand on May 1, 2018, the day before stated: “Your Honor . . . I believe Mr. Buckley filed
something on Thrivest’s behalf yesterday on [E]CF that [dis]closed that particular class member

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See Thrivest Specialty Funding v. William E. White, 2:18-cv-00563 (W.D. Pa. May 4, 2018)
See Dkt 1.
3
In re: National Football League Players’ Concussion Injury Litigation, Case No. 2:12-md-02323-AB.
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 Case 2:18-cv-01877-AB Document 23 Filed 06/25/19 Page 2 of 3

we’re talking about’s name . . . so its already out there.”4 Thrivest made these disclosures
without the consent of Mr. White in breach of Section 6(z) of the Assignment Agreement.
II.

LAW AND ARGUMENT
Under Local Rule 5.1.5(a)(2), the Court has the authority to order documents sealed.

Here, given that the Demand was filed in breach of Section 6(z) of the Assignment Agreement,
there is no basis for the Court to seal the Emergency Motion to Confirm Arbitration Award. To
the contrary, Mr. White posits that good cause exists not to seal the Emergency Motion.
On June 13, 2018, while requesting that the appeal be expedited, Thrivest described the
matter as a “bellwether for Thrivest’s 34 other advance transactions” with class members.5 As
such, notions of judicial notice, fairness, and efficiency dictate that similarly situated class
members have access to dispositions of this Court which may impact upon their rights before this
Court and/or an arbitrator.
III.

CONCLUSION
For the reasons stated herein, Mr. White requests respectfully that the Court deny

Thrivest’s Motion to Seal Emergency Motion to Confirm Arbitration Award.
Respectfully submitted,
/s/ Robert C. Wood
Robert C. Wood (0071861)
WOOD LAW LIMITED
68 North High Street
Building B, Suite 202
New Albany, Ohio 43054
(614) 252-3146 (Telephone)
rwood@rwoodlaw.com
Counsel for Respondent

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Transcript of Telephone Conference Before the Honorable Anita B. Brody, May 2, 2018, at 2:43 p.m. at page 5.
See In re: National Football League Players’ Concussion Injury Litigation, Case No. 18-2184 Motion to Expedite
Appeal (Doc. No. 003112955853).
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 Case 2:18-cv-01877-AB Document 23 Filed 06/25/19 Page 3 of 3

CERTIFICATE OF SERVICE
I, Robert C. Wood, hereby certify that the foregoing was electronically filed on this date;
it is available for viewing and downloading on the Court’s CM/ECF system; and it will be served
on all counsel of record via the Court’s CM/ECF system.
Dated: June 25, 2019

/s/ Robert C. Wood
Counsel for the Respondent

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