In re Care One, LLC Advancement Litigation

COURT OF CHANCERY
OF THE
STATE OF DELAWARE
CHRISTIAN DOUGLAS WRIGHT LEONARD L. WILLIAMS JUSTICE CENTER
MAGISTRATE IN CHANCERY 500 NORTH KING STREET, SUITE 11400
WILMINGTON, DE 19801-3734

Date Submitted: March 23, 2026
Date Decided: March 30, 2026

Peter B. Ladig, Esquire David E. Ross, Esquire
Rachel R. Tunney, Esquire Adam D. Gold, Esquire
Bayard, P.A. Marguerite O’Brien, Esquire
600 N. King Street, Suite 400 Ross Aronstam & Moritz LLP
Wilmington, DE 19801 Hercules Building
1313 N. Market Street, Suite 1001
Wilmington, DE 19801

Thomas A. Uebler, Esquire
Adam J. Waskie, Esquire
McCollom D’Emilio Smith
& Uebler LLC
2751 Centerville Road, Suite 401
Wilmington, DE 19808

Re: In re Care One, LLC Advancement Litig.,
Consol. C.A. No. 2025-1286-CDW
Dear Counsel:
On March 6, 2026, plaintiff Androsky Lugo (“Lugo”) moved for

confidential treatment of two exhibits to the motion for summary judgment he

filed on December 16, 2025 in this consolidated advancement action

(“Motion”).1 On March 13, defendant Care One, LLC filed its opposition to the

1 Pl. Androsky Lugo’s Mot. for Confidential Treatment (“Mot.”), Dkt. 41.
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
Page 2 of 8

Motion,2 and on March 18, Lugo filed his reply.3 Also on March 18, the court

issued a minute order noting the public availability of one of the exhibits on a

federal court docket monitoring website and asked the parties to file

supplemental memoranda addressing the impact this should have on the court’s

consideration of the motion.4 The parties filed their supplemental memoranda

on March 23,5 completing briefing on the Motion. I deny the Motion without

prejudice.

I. BACKGROUND
Briefly stated, the two documents for which Lugo seeks confidential

treatment are Exhibits E and H to the Affidavit of Peter B. Ladig filed in

support of Lugo’s motion for summary judgment.6 They are the complaint

(“Complaint”) and the amended complaint (jointly with the Complaint, “New

Jersey Pleadings”) in Care One, LLC v. Straus, Case No. 25-cv-12743-JKS-

MAH (“New Jersey Action”), in the United States District Court for the District

2 Def. Care One, LLC’s Opp’n to Pl. Androsky Lugo’s Mot. for Confidential

Treatment (“Opp’n”), Dkt. 43.
3 Pl. Androsky Lugo’s Reply in Supp. of His Mot. for Confidential Treatment, Dkt.

48 (“Reply”).
4 Dkt. 49.

5 Pl. Androsky Lugo’s Suppl. Mem. Regarding His Mot. for Confidential Treatment,

Dkt. 53 (“Lugo Suppl.”); Def. Care One, LLC’s Suppl. Submission in Further Supp.
of Opp’n to Pl. Androsky Lugo’s Mot. for Confidential Treatment (“Care One
Suppl.”), Dkt. 54.
6 Dkt. 22.
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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of New Jersey (“New Jersey Court”). The New Jersey Action is the underlying

proceeding for which Senior Magistrate in Chancery Molina held Lugo and co-

plaintiff Elizabeth S. Straus are entitled to advancement from Care One.7

The New Jersey Pleadings were not filed under seal in the New Jersey

Action.8 When Lugo filed his complaint in this action on November 6, he

attached the New Jersey Pleadings as exhibits and filed them under seal.9

When he filed his motion for summary judgment on December 16, he included

the New Jersey Pleadings as exhibits to the Ladig Affidavit, but did not file

them under seal.10 Lugo says the failure to file the New Jersey Pleadings under

seal with the motion for summary judgment was inadvertent.11 This makes

sense, given that Lugo filed the New Jersey Pleadings under seal with his

complaint, but Care One doubts the assertion.12

7 See Tr. of 2-11-2026 Tele. Oral Arg’t and Final Rpt. of the Senior Mag. on Cross-

Mots. for Summ. J., Dkt. 46 at 93–94. The ruling is on exceptions to Vice Chancellor
Cook. See Exceptions Reassignment Ltr., Dkt. 48.
8 See Mot. ¶ 8; Lugo Suppl. ¶ 7; see also New Jersey Action, Dkts. 1, 19.

9 Mot. ¶ 1; Reply ¶ 3; see also Lugo v. Care One, LLC, C.A. No. 2025-1287-SEM,

Dkt. 1, Exs. D, G.
10 Mot. ¶ 2; Reply ¶ 3.

11 Mot. ¶ 2; Reply ¶ 3.

12 Opp’n ¶¶ 2, 12.
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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According to Lugo, on February 20, 2026, Care One filed a Notice of

Dismissal Without Prejudice in the New Jersey Action.13 At the time, Lugo and

his co-party (Straus) had a pending motion to strike certain allegations in the

New Jersey Pleadings because, Lugo says, those allegations contained

scandalous or impertinent allegations against Lugo regarding criminal charges

brought against Lugo in New York and New Jersey, which had been

dismissed.14 Care One’s voluntary dismissal of the New Jersey Action

apparently terminated the New Jersey Court’s consideration of the motion to

strike, so Lugo filed a motion to seal asking the New Jersey Court to place the

New Jersey Pleadings under seal.15 The motion to seal has been fully briefed

and remains pending.16

II. ANALYSIS
“The public’s right to access judicial records is considered ‘fundamental

to a democratic state’ and ‘necessary in the long run so that the public can

judge the product of the courts in a given case.’” Sequoia Presidential Yacht

Grp. LLC v. FE P’rs LLC, 2013 WL 3724946, at *2 (Del. Ch. July 15, 2013)

(quoting Horres v. Chick-fil-A, Inc., 2013 WL 1223605, at *1 (Del. Ch. Mar.

13 Mot. ¶ 4.

14 Id.

15 Id. ¶ 5.

16 Reply ¶ 8; Lugo Suppl. ¶ 7.
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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27, 2013)). Delaware law presumes “the public has a right of access to all

judicial proceedings and court records.” In re Oxbow Carbon LLC, 2016 WL

7323443, at *1 (Del. Ch. Dec. 15, 2016). Accordingly, our court considers

court proceedings—including papers filed on our dockets—to be public unless

the court or the Court of Chancery Rules provide otherwise. Ct. Ch. R. 5.1(a).

This heavy presumption in favor of public access means that “only

limited types of information qualify for confidential treatment in submissions to

the Court.” Sequoia, 2013 WL 3724946, at *2 (citation omitted). The

information must satisfy four criteria: (1) the information must have been

maintained confidentially; (2) the information must not be otherwise publicly

available; (3) public access to the information will cause particularized harm;

and (4) the magnitude of the harm from public access to the information

outweighs the public interest in the information. Ct. Ch. R. 5.1(b)(2)(A)–(D).

“The party seeking confidential treatment of the record must demonstrate ‘good

cause’ for such treatment.” Sequoia, 2013 WL 3724946, at *2. The fact that

“the information for which a party seeks confidential treatment may be

embarrassing or previously undisclosed does not alone warrant confidential

treatment.” Id.

Applying these principles here, I must deny the Motion. Lugo concedes

the New Jersey Pleadings are publicly available: “Lugo admits the RICO
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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Complaints are publicly available (for now).”17 Nor can it be seriously disputed

that the New Jersey Pleadings have not, to date, been maintained confidentially.

The New Jersey Pleadings have been publicly available on the docket in the

New Jersey Action since they were filed on July 3 and October 20, 2025. They

have been downloadable from PACER18 since then by anyone willing to pay $3

for each document.19 And the Complaint is freely and publicly available right

now on the Free Law Project’s RECAP Archive,20 and is also available through

an online service called PacerMonitor.21

Lugo has a motion pending in the New Jersey Court to place the New

Jersey Pleadings under seal.22 If that motion is successful, the New Jersey

Pleadings will no longer be publicly available from PACER, which may also

17 Lugo Suppl. ¶ 7.

18 PACER, which stands for Public Access to Court Electronic Records, is the

electronic case filing system used the federal courts. See https://pacer.uscourts.gov/.
19 See Frequently Asked Questions, How Much Does It Cost to Access Documents

Using PACER?, https://pacer.uscourts.gov/ (“Access to case information costs $0.10
per page . . . . The cost to access a single document is capped at $3.00[.]”). Each of
the New Jersey Pleadings is over 30 pages.
20 The RECAP Archive is a free public repository of millions of federal court

documents and dockets. See https://www.courtlistener.com/recap/. The complaint in
the New Jersey Action is available for free download from the RECAP Archive
through two sources: CourtListener (storage.courtlistener.com) and the Internet
Archive (archive.org). See https://www.courtlistener.com/docket/70702365/care-one-
llc-v-straus/.
21 See Lugo Suppl. ¶ 12 n.5.

22 Mot. ¶ 5; Opp’n ¶¶ 4, 7; Reply ¶ 4.
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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result in the copies of the Complaint currently available from the RECAP

Archive and PacerMonitor being removed from public access,23 but this is not

guaranteed. For present purposes, the critical point is that the New Jersey

Pleadings are, definitionally, not “Confidential Information” under Court of

Chancery Rule 5.1(b)(2) right now because they are publicly accessible, so

Lugo has not established that confidential treatment of the New Jersey

Pleadings on this docket is warranted. If that changes—if the court in the New

Jersey Action places the New Jersey Pleadings under seal and the New Jersey

Pleadings are no longer publicly accessible anywhere else on the internet—

Lugo can renew the Motion, and the court will consider it then.

Denying the Motion on these grounds means I need not (and thus will

not) decide now if Lugo has satisfied the other two requirements for treating the

New Jersey Pleadings as “Confidential Information” under Rule 5.1(b)(2):

(1) whether public access to the information in the New Jersey Pleadings will

cause particularized harm; and (2) whether the magnitude of the harm from

public access to the information in the New Jersey Pleadings outweighs the

23 See Lugo Suppl. ¶ 12 (describing the removal process for sealed pleadings from the

RECAP Archive and PacerMonitor); Care One Suppl. ¶ 3 (describing the RECAP
Archive’s removal process).
Consol. C.A. No. 2025-1286-CDW
March 30, 2026
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public interest in that information.24 My consideration of those criteria can

await a future motion for confidential treatment from Lugo, if one is filed.25

III. CONCLUSION
Plaintiff Androsky Lugo’s Motion for Confidential Treatment is denied

without prejudice. This is a Report under Court of Chancery Rule 144(b)(1).

Under Court of Chancery Rule 144(c)(2)(A), exceptions to this Report are

stayed pending issuance of a final report in this case.

Very truly yours,
/s/ Christian Douglas Wright
Magistrate in Chancery
CDW/slk

24 See Mot. ¶ 9; Opp’n ¶¶ 18–22; Reply ¶¶ 11–14; Lugo Suppl. ¶¶ 8–9.

25 Lugo also argues I must grant the Motion because otherwise the public availability

of the New Jersey Pleadings here will “sway the District of New Jersey’s decision”
on his motion to seal there. See Lugo Suppl. ¶ 13. Care One does argue the public
availability of the New Jersey Pleadings here is a reason the New Jersey Court should
deny the motion to seal there. See Opp’n Ex. 2 at 4–5. But I have no reason to
believe the New Jersey Court will be so easily swayed. The New Jersey Court should
have the first opportunity to decide what to do about the New Jersey Pleadings, both
as a matter of comity and because Lugo needs to resolve that motion successfully
before it can even try to resolve the public availability of the Complaint from the
known non-governmental sources. See Lugo Suppl. ¶ 12 (“RECAP generally
removes public access to sealed documents upon receipt of a sealing order from the
court.”), ¶ 12 n.5 (“Pacer[M]onitor will not remove a pleading without a sealing order
from the underlying court . . . , which is exactly what Lugo seeks in New Jersey.”).