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.