MD Helicopters Incorporated v. Boeing Company

Filing 20

ORDER: IT IS ORDERED that Plaintiff's motion to withdraw and delete pleadings, or alternatively, to seal (Doc. 12 ) is granted to the limited extent that the Clerk of the Court shall seal Doc. 1 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/12/17.(MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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MD Helicopters Incorporated,

No. CV-17-02598-PHX-JAT

Plaintiff,

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v.

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ORDER

Boeing Company,

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Defendant.

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On September 11, 2017, pursuant to Federal Rule of Civil Procedure 15, Plaintiff

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filed an amended complaint.

(Doc. 9).

Defendant has not objected to this filing.

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(Plaintiff also filed a redlined version of the amended complaint as required by the Local

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Rules (Doc. 11)).
Thereafter, Plaintiff moved to “withdraw/delete/seal” the original complaint (Doc.

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1).

Plaintiff claims Defendant has objected to some of the content of the original

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complaint. Because Plaintiff has, consistent with the Federal Rules, filed an amended

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complaint, which completely supersedes the original complaint, the Court will seal the

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original complaint to allow Plaintiff to supersede it. However, nothing in this Order shall

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be construed as a finding that anything in the original complaint qualifies as information

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the Court may seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,

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1179-80 (9th Cir. 2006);

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1096-97 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S.

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Ct. 38 (2016). Instead, the Court is merely allowing a superseding amended complaint.

Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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As a result,

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IT IS ORDERED that Plaintiff’s motion to withdraw and delete pleadings, or

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alternatively, to seal (Doc. 12) is granted to the limited extent that the Clerk of the Court

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shall seal Doc. 1.

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Dated this 12th day of October, 2017.

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