Reese et al v. Malone et al

Filing 146

STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT withdrawing dfts' 139 Motion to Perpetuate Seal; unsealing amended complaint 133 ; unsealing pltfs' opposition 143 ; Case stayed by Judge Marsha J. Pechman.(RS)

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THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) ) ) ) ) ) Case No. C08-1008 MJP STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT Note on Motion Calendar: July 10, 2009

6 CLAUDE A. REESE, Individually and on Behalf of All Others Similarly Situated, 7 Plaintiff, 8 v. 9 JOHN BROWNE and ROBERT MALONE, 10 Defendants. 11 12 13

STIPULATION WHEREAS, on April 3, 2009, the parties filed a proposed Stipulation and Order in which

14 Defendants consented to the filing of Lead Plaintiffs' Amended Complaint; 15 WHEREAS, a copy of the proposed Amended Complaint was attached to the proposed

16 Stipulation indicating that it was to be filed under seal, and the Stipulation itself (with exhibits) 17 was filed under seal; 18 WHEREAS, on April 8, the Court entered the parties' proposed Stipulation and Order,

19 granting leave for Lead Plaintiffs to amend; 20 21 WHEREAS, since that time, the Amended Complaint has remained under seal; WHEREAS, on June 5, 2009, Lead Plaintiffs sent Defendants a letter stating that

22 Defendants "have not complied with the Protective Order," which "required [them] to file a 23 motion within seven judicial days after Plaintiffs' filing of the Amended Complaint on April 3, 24 2009 for an order allowing the Amended Complaint to remain under seal"; 25 26 STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT -- 1 No. C08-1008 MJP
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WHEREAS, on June 22, 2009, Defendants filed a Motion to Perpetuate Seal "[i]n order

2 to address Lead Plaintiffs' contention and resolve any doubt as to the status of the Amended 3 Complaint under seal"; 4 WHEREAS, in support of that motion, Defendants filed the Declaration of Brad McKim

5 under seal pursuant to CR 5(g)(3), which permits filing of sealed declarations in support of a 6 motion to seal; 7 WHEREAS, on July 6, 2009, Lead Plaintiffs filed an Opposition to Defendants' Motion to

8 Perpetuate Seal; 9 WHEREAS, Lead Plaintiffs filed their Opposition and supporting Declaration of Javier

10 Blechmar under seal; 11 12 IT IS HEREBY STIPULATED AND AGREED THAT: (1) Defendants withdraw their June 22 Motion to Perpetuate Seal; (2) The parties agree to

13 unseal the Amended Complaint; (3) The parties agree that unsealing the Amended Complaint is 14 not a waiver of rights with respect to unquoted material in those documents from which Lead 15 Plaintiffs quote or otherwise reference in the Amended Complaint; (4) The Parties agree that Lead 16 Plaintiffs' Opposition may be unsealed, but that the Declarations of Brad McKim and Javier 17 Bleichmar should remain sealed under CR 5(g)(3), also without a waiver of rights; and (5) The 18 Parties agree that in the event that the Court declines to permit the McKim and Bleichmar 19 declarations to remain under seal, the parties will withdraw those documents pursuant to CR 20 5(g)(5). 21 22 23 24 25 26 Dated this 10th day of July, 2009 GRAHAM & DUNN PC By /s/ David C. Lundsgaard David C. Lundsgaard, WSBA #25448 2801 Alaskan Way, Suite 300 Seattle, Washington 98121 Tel: [phone] Fax: [phone] E-mail: [e-mail] STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT -- 2 No. C08-1008 MJP
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SULLIVAN & CROMWELL LLP John L. Warden Richard C. Pepperman, II Diane L. McGimsey Elizabeth K. Ehrlich (Admitted Pro Hac Vice) 125 Broad Street New York, New York 10004 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants KIPLING LAW GROUP PLLC

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By /s/ Robert D. Stewart Robert D. Stewart, WSBA #8998 Timothy M. Moran, WSBA #24925 3601 Fremont Avenue N., Suite 414 Seattle, Washington 98103 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] LABATON SUCHAROW LLP Thomas A. Dubbs Javier Bleichmar (Admitted Pro Hac Vice) 140 Broadway New York, New York 10005 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] Attorneys for Lead Plaintiffs ***

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PURSUANT TO STIPULATION, THE COURT ORDERS: 1) Defendants' June 22, 2009 Motion to Perpetuate Seal is withdrawn; 2) The Amended Complaint will be unsealed; 3) Unsealing the Amended Complaint is not a waiver of any party's rights with respect to

5 unquoted material in those documents from which Lead Plaintiffs quote or otherwise reference in 6 the Amended Complaint; 7 8 4) Plaintiffs' Opposition shall be unsealed; 5) The Declarations of Brad McKim and Javier Bleichmar, having been submitted under

9 CR 5(g)(3), shall remain sealed. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT -- 4 No. C08-1008 MJP
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SO ORDERED. Dated July _13__, 2009

A
Marsha J. Pechman United States District Judge

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: July 10, 2009

CERTIFICATE OF SERVICE I hereby certify that on July 10, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Thomas A. Dubbs Alan I. Ellman Javier Bleichmar Jonathan Gardner Peter A. Binkow Neal A. Dublinsky William F. Salle Robert D. Stewart Timothy M. Moran Richard C. Pepperman, II Steven J. Purcell John L. Warden Elizabeth Kayla Ehrlich Gerald L. Black, Jr. Diane L. McGimsey [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

GRAHAM & DUNN PC

By s/ David C. Lundsgaard David C. Lundsgaard WSBA# 25448 Email: [e-mail] Attorneys for Defendants

STIPULATION AND ORDER REGARDING SEALED AMENDED COMPLAINT -- 5 No. C08-1008 MJP
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