F/V Predator Inc v. Federal Insurance Company Through Chubb Group et al

Filing 44

ORDER on STIPULATION re 43 Sealing First Amended Complaint and Filing Substituted First Amended Complaint, signed by Judge Ronald B. Leighton. (DN)

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THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA F/V PREDATOR, INC., IN ADMIRALTY Plaintiff, v. FEDERAL INSURANCE COMPANY THROUGH CHUBB GROUP, and GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Defendants. NO. 3:08-cv-05080-RBL STIPULATION AND ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT

The parties stipulate and request the following relief: (1) that Plaintiff's First Amended Complaint be sealed; (2) that Plaintiff's Substituted First Amended Complaint, attached at Exhibit A, be filed without seal; and (3) that the filing of Plaintiff's Substituted First Amended Complaint relate back to the original June 26, 2009 filing date of Plaintiff's First Amended Complaint. //

STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 1

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]

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II. A.

STIPULATION

Applicable Standard for Sealing Court Records. While there is a strong presumption of public access to the court's files and records, such

presumption may be overcome by a "compelling showing that the public's right is outweighed by the interests of the public and the parties in protecting files, records, or documents from public review." Local Fed. R. Civ. P. 5(g)(1). "The court may order the sealing of any files and records on motion of any party, on stipulation and order, or on the court's own motion." Local Fed. R. Civ. P.5(g)(2). "The law requires, and the motion and the proposed order shall include, a clear statement of the facts justifying a seal and overcoming the strong presumption in favor of public access." Id. In order to limit this right of access, a party seeking to seal records must show "compelling reasons supported by specific factual findings . . . outweigh the general history of access and the public policies favoring disclosure." Pintos v. Pac. Creditors Ass'n, 565 F.3d 1106, 1115 (9th Cir. 2009). Under this standard, a court must: (1) weigh relevant facts; (2) base its decision on a compelling reason; and (3) articulate the factual basis for its ruling, without relying on hypothesis or conjecture." Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995). The court's analysis is reviewed for abuse of discretion. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). B. The Present Circumstances Justify Sealing of Plaintiff's Previously-Filed First Amended Complaint and Substituting for Public-Filing the Attached Proposed First Amended Complaint. In December 2006, Plaintiff and Defendants entered into a settlement agreement, which contained a confidentiality provision. Defendant Great American Insurance Company of New

STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 2

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]

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York ("Great American") contends Plaintiff's First Amended Complaint references confidential terms of the settlement agreement. Plaintiff contends that any confidentiality of settlement terms referenced in these paragraphs has been waived by prior public disclosures. The parties believe that their dispute regarding confidentiality will be resolved through subsequent stipulation or, if necessary, subsequent motion. In the interim, the parties agree that the First Amended Complaint should be sealed until the merits of the confidentiality issue can be resolved. All parties have stipulated below to the filing, without seal, of a substituted First Amended Complaint lessening any harm to the public's interest in disclosure. This is a temporary request to allow the parties time to adequately address the confidentiality issues. The temporary nature of this request further lessens any harm to the public's interest. Accordingly, all parties specifically agree to the following: · Plaintiff's First Amended Complaint, filed June 26, 2009 [Dkt. No. 38], be sealed based on Defendant Great American's concerns related to alleged confidential disclosures in the First Amended Complaint. · Plaintiff's Substituted First Amended Complaint, attached at Exhibit A, be filed without seal, and that such filing relate back to the original June 26, 2009 filing date. DATED: August 11, 2009 /s/ Gary L. Shockey Gary L. Shockey (Pro Hac Vice) GARY L. SHOCKEY, PC Box 10773 Jackson, WY 83002 [phone] [phone] (fax) [e-mail] [e-mail]
GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]

STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 3

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Matthew F. Pierce, WSBA # 34019 Mark A. Wilner, WSBA # 31550 GORDON TILDEN THOMAS & CORDELL, LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154-1007 [phone] [phone] (fax) [e-mail] [e-mail] Attorneys for Plaintiff /s/ Robert Bocko Robert Bocko, WSBA # 15724 KEESAL, YOUNG & LOGAN 1301 Fifth Avenue, Suite 1515 Seattle, WA. 98101 [phone] [phone] (fax) [e-mail] Attorneys for Defendant Great American /s/ Richard A. Nielsen Richard A. Nielsen, WSBA #11916 NIELSEN SHIELDS, PLLC 600 Stewart Street, Suite 1703 Seattle, WA 98101 [phone] [phone] (fax) [e-mail] Attorneys for Defendant Federal Insurance Co.

II. ORDER Based on the foregoing stipulation between all parties, IT IS HEREBY ORDERED that: 1. and Plaintiff's First Amended Complaint [Dkt. No. 38], filed June 26, 2009, be sealed;

STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 4

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]

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2.

Plaintiff's Substituted First Amended Complaint, attached at Exhibit A, be filed

without seal, and that such filing relates back to the original June 26, 2009 filing date. The clerk is hereby directed to file this Order and seal Plaintiff's First Amended Complaint [Dkt. No. 38]. The clerk is further directed to file Plaintiffs' Substituted First Amended Complaint, which is attached at Exhibit A, with such filing relating back to June 26, 2009. DATED this 14th day of August, 2009.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: /s/ Gary L. Shockey Gary L. Shockey GARY L. SHOCKEY, PC Box 10773 Jackson, WY. 83002 [phone] [phone] [e-mail] [e-mail] Mark A. Wilner Matthew F. Pierce GORDON TILDEN THOMAS & CORDELL, LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154-1007 [phone] [phone] (fax) [e-mail] [e-mail] Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 5 GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]

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Copy Received; Approved as to Form: /s/ Robert Bocko Robert Bocko KEESAL, YOUNG & LOGAN 1301 Fifth Avenue, Suite 1515 Seattle, WA 98101 [phone] [phone] (fax) [e-mail] Attorneys for Defendant Great American Copy Received; Approved as to Form: /s/ Richard A. Nielsen Richard A. Nielsen NIELSEN SHIELDS, PLLC 600 Stewart Street, Suite 1703 Seattle, WA 98101 [phone] [phone] (fax) [e-mail] Attorneys for Defendant Federal Insurance Co.

STIPULATION AND [PROPOSED] ORDER RE: SEALING FIRST AMENDED COMPLAINT AND FILING SUBSTITUTED FIRST AMENDED COMPLAINT - 6

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone [phone] Fax [phone]