Swinomish Indian Tribal Community v BSNF Railway Company

Filing 153

ORDER granting Plaintiff's 132 Motion to Seal. Docket number 133 shall remain under seal. Signed by Judge Robert S. Lasnik. (LH)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SWINOMISH INDIAN TRIBAL
COMMUNITY, a federally recognized Indian
Tribe,
Plaintiff,

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NO. 2:15-cv-00543-RSL
ORDER GRANTING PLAINTIFF'S
MOTION TO SEAL

v.
BNSF RAILWAY COMPANY, a Delaware
corporation,
Defendant.

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This matter comes before the Court on “Plaintiff’s Motion for Leave to File Documents

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Under Seal.” Dkt. # 132. The materials filed under seal are generally of the type protected from

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disclosure by 49 U.S.C. § 11904, and defendant has provided redacted versions of Exhibit 52

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and Exhibit A to the Declaration of Dan Fapp for public viewing. See Dkt. # 139 at 5-23 and

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25-48. Docket number 133 shall therefore remain under seal.

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The Court notes, however, that the protections afforded information regarding “the

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nature, kind, quantity, destination, consignee, or routing of property tendered” to a rail carrier

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give way where the information is provided “in response to legal process issued under authority

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of a court of the United States or a State.” 49 U.S.C. § 11904(b) and (c)(1). To the extent the

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information is necessary to the Court’s resolution of the pending motion for summary judgment

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and is incorporated in the Court’s order, it may ultimately be disclosed to the public.

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ORDER GRANTING PLAINTIFF'S MOTION TO SEAL - 1

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Dated this 10th day of May, 2021.
THE HONORABLE ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING PLAINTIFF'S MOTION TO SEAL - 2