Opinion
Civil Action No. 10-0898 (WHA).
April 19, 2010
ISRAEL GOLDOWITZ, Chief Counsel, CHARLES L. FINKE, Deputy Chief Counsel, MICHAEL C. MILLER, Assistant Chief Counsel, SARA EAGLE (SE 7044), LORI BUTLER (LB 2349), Attorneys.
Attorneys for Plaintiff: PENSION BENEFIT GUARANTY CORPORATION, WASHINGTON, D.C.
STIPULATION TO SEAL PORTION OF ADMINISTRATIVE RECORD; [PROPOSED] ORDER
STIPULATION TO SEAL PORTION OF THE ADMINISTRATIVE RECORD
Plaintiff, Pension Benefit Guaranty Corporation ("PBGC") and Defendant(s), administrator of The New United Motor Manufacturing, Inc./UAW Hourly Defined Benefit Plan (the "Plan"), through their undersigned counsel of record, hereby respectfully request and stipulate that the Court file under seal a portion of the Administrative Record of the Pension Benefit Guaranty Corporation's Determination to Terminate The New United Motor Manufacturing, Inc./UAW Hourly Defined Benefit Plan ("Administrative Record").
1. This action arises under Title IV of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. §§ 1301- 1461. PBGC has determined, pursuant to 29 U.S.C. § 1342(a)(2) and (a)(4), that the Plan will be unable to pay benefits when due, and that the possible long-run loss of PBGC with respect to the Plan may reasonably be expected to increase unreasonably if the plan is not terminated.
2. By its complaint, PBGC seeks an order upholding its determination; and, thereby (a) terminating the Plan, (b) appointing PBGC statutory trustee of the Plan, and (c) establishing March 3, 2010, as the termination date for the Plan.
3. In support of its determination PBGC must file the Administrative Record. However, a large portion of that record contains or is derived from information submitted to PBGC pursuant to a confidentiality agreement between PBGC and New United Motor Manufacturing, Inc. (the "Agreement"), and designated, by the terms of the Agreement, as confidential business information pursuant to 29 C.F.R. §§ 4901.21 and 4901.24.
4. Accordingly, PBGC and the Defendant(s) stipulate and request that the those portions of the Administrator Record designated by NUMMI as confidential business information pursuant to 29 C.F.R. §§ 4901.21 and 4901.24 be filed under seal.
5. In accordance with Local Rule 79-5(c), the entire Administrative Record has been filed in a sealed container, with the sealable portions clearly noted. Specifically, the Administrative Record contains 4 volumes, with volumes II through IV designated as sealable.
PROPOSED ORDER
Pursuant to stipulation and for good cause shown, IT IS HEREBY ORDERED that Volumes II through IV of the Administrative Record be filed under seal.
IT IS SO ORDERED.