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Polskie Linie Lotnicze Lot SA v. The Boeing Co.

United States District Court, Western District of Washington
Jan 3, 2023
2:21-CV-01449-RSM (W.D. Wash. Jan. 3, 2023)

Opinion

2:21-CV-01449-RSM

01-03-2023

POLSKIE LINIE LOTNICZE LOT S.A., Plaintiff, v. THE BOEING COMPANY, Defendant.

Mirin Park, Condon & Forsyth LLP Anthony U. Battista Diana Gurfel Shapiro Evan Kwarta Mary Dow Condon & Forsyth LLP Attorneys for Plaintiff Polskie Linie Lotnicze LOT S.A. Ulrike B. Connelly Steve Y. Koh, Eric B. Wolff, Ulrike B. Connelly, Gregory F. Miller, Michelle L. Maley, Perkins Coie LLP Attorneys for Defendant The Boeing Company


Mirin Park,

Condon & Forsyth LLP

Anthony U. Battista

Diana Gurfel Shapiro

Evan Kwarta

Mary Dow

Condon & Forsyth LLP

Attorneys for Plaintiff Polskie Linie Lotnicze LOT S.A.

Ulrike B. Connelly

Steve Y. Koh,

Eric B. Wolff,

Ulrike B. Connelly,

Gregory F. Miller,

Michelle L. Maley,

Perkins Coie LLP

Attorneys for Defendant The Boeing Company

STIPULATED MOTION AND ORDER FOR LEAVE TO FILE BOEING'S REDACTED PLEADING (MOTION TO DISMISS)

RICARDO S. MARTINEZ, DISTRICT JUDGE

INTRODUCTION

Pursuant to Local Civil Rule 5(g)(3)(B)(iii), Defendant The Boeing Company (“Boeing”) and Plaintiff Polskie Linie Lotnicze LOT S.A. (“LOT”) respectfully move the Court to grant LOT leave to file a redacted version of Boeing's Motion to Dismiss (currently under seal) and maintain the unredacted copy under seal. The proposed public version of the Motion, with redactions applied for the Court's convenience, is attached as Exhibit A.

PROCEDURAL HISTORY

The Parties jointly follow up on their prior request to seal Boeing's Motion to Dismiss, which the Court granted on December 13, 2022. See ECF No. 52. The Parties now agree that of Boeing's 24-page Motion to Dismiss LOT's First Amended Complaint, only eight sentences that directly cite or summarize terms of the Aircraft General Terms Agreement (“AGTA”) contract should remain under seal to protect Boeing and its customers' confidential contracts.

LEGAL STANDARD AND ARGUMENT

This stipulation adopts and incorporates by references the parties' Stipulated Motion and Order for Leave to File Document Under Seal at ECF No. 50. For the reasons set out in the Stipulated Motion, the particular contractual terms of the AGTAs excerpted or summarized in Boeing's Motion to Dismiss LOT's First Amended Complaint (which is itself filed under seal, with the contract terms redacted)-should be redacted in the public filing. Redacting only a few sentences is the least restrictive method available to ensure protection of Boeing's confidential and sensitive information. See LCR 5(g)(3)(B)(iii) (requiring the least restrictive method to ensure protection of material to be sealed). Because there are no less restrictive alternatives available, the parties agree that redaction is appropriate.

CONCLUSION

For the foregoing reasons, the Parties respectfully request that this Court grant Boeing leave to file its Motion to Dismiss LOT's First Amended Complaint, attached as Exhibit A (with the proposed redactions applied), leaving sealed only the few sentences that disclose the contents of Boeing's proprietary business contract (the AGTA).

IT IS SO STIPULATED by and between the Parties.

ORDER

Based upon the foregoing Stipulation, the Court hereby:

ORDERS, ADJUDGES AND DECREES that the redacted copy of Boeing's Motion to Dismiss LOT's First Amended Complaint may be filed on the docket.

IT IS SO ORDERED.


Summaries of

Polskie Linie Lotnicze Lot SA v. The Boeing Co.

United States District Court, Western District of Washington
Jan 3, 2023
2:21-CV-01449-RSM (W.D. Wash. Jan. 3, 2023)
Case details for

Polskie Linie Lotnicze Lot SA v. The Boeing Co.

Case Details

Full title:POLSKIE LINIE LOTNICZE LOT S.A., Plaintiff, v. THE BOEING COMPANY…

Court:United States District Court, Western District of Washington

Date published: Jan 3, 2023

Citations

2:21-CV-01449-RSM (W.D. Wash. Jan. 3, 2023)