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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 MD Helicopters Incorporated, No. CV-17-02598-PHX-JAT Plaintiff, 10 11 v. 12 ORDER Boeing Company, 13 Defendant. 14 On September 11, 2017, pursuant to Federal Rule of Civil Procedure 15, Plaintiff 15 16 filed an amended complaint. (Doc. 9). Defendant has not objected to this filing. 17 (Plaintiff also filed a redlined version of the amended complaint as required by the Local 18 Rules (Doc. 11)). Thereafter, Plaintiff moved to “withdraw/delete/seal” the original complaint (Doc. 19 20 1). Plaintiff claims Defendant has objected to some of the content of the original 21 complaint. Because Plaintiff has, consistent with the Federal Rules, filed an amended 22 complaint, which completely supersedes the original complaint, the Court will seal the 23 original complaint to allow Plaintiff to supersede it. However, nothing in this Order shall 24 be construed as a finding that anything in the original complaint qualifies as information 25 the Court may seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 26 1179-80 (9th Cir. 2006); 27 1096-97 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. 28 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, 1 As a result, 2 IT IS ORDERED that Plaintiff’s motion to withdraw and delete pleadings, or 3 alternatively, to seal (Doc. 12) is granted to the limited extent that the Clerk of the Court 4 shall seal Doc. 1. 5 Dated this 12th day of October, 2017. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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