Eagle Harbor Holdings, LLC, et al v. Ford Motor Company
Filing
271
STIPULATION AND ORDER by Judge Benjamin H Settle re #256 Stipulated MOTION to Seal filed by Ford Motor Company. (TG)
The Honorable Benjamin H. Settle
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT TACOMA
EAGLE HARBOR HOLDINGS, LLC, and
MEDIUSTECH, LLC,
Plaintiffs,
v.
Case No. 3:11-cv-05503-BHS
STIPULATED MOTION TO FILE
DOCUMENTS UNDER SEAL
NOTE ON MOTION CALENDAR:
March 10, 2014
FORD MOTOR COMPANY,
Defendant.
Pursuant to Local Civil Rule CR(5)(g), Plaintiffs Eagle Harbor Holdings LLC and
MediusTech LLC (collectively “Plaintiffs”) and Defendant Ford Motor Company (“Ford”)
hereby submit this Stipulated Motion and [Proposed] Order to File Under Seal the parties’ Joint
Discovery Submission Pursuant to LCR 37 Regarding Third Party Documents Plaintiffs Have
Withheld as Privileged and certain documents in support of the Joint Submission. A redacted
version of the Joint Submission will be filed publicly. The material sought to be sealed is listed
below.
1.
Unredacted Version of Joint Discovery Submission Pursuant to
LCR 37 Regarding Third Party Documents Plaintiffs Have
Withheld as Privileged.
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
2.
Declaration of Amy Leshan (“Leshan Declaration”) Exhibit 4:
Plaintiffs’ Answer to Ford’s Interrogatory 10, dated March 2, 2012.
3.
Leshan Declaration Exhibit 6: Redacted email sent from Dan Preston
to gbarker@rpxcorp.com on September 12, 20102, produced by
Plaintiffs at bates number EHH0641610.
4.
Leshan Declaration Exhibit 10: Redacted email sent from Dan Preston
to gbarker@rpxcorp.com on September 5, 20102, produced by Plaintiffs
at bates number EHH0641614.
5.
Leshan Declaration Exhibit 12: Redacted email forwarded from Dan
Preston to David Marsing, Jeff Harmes, and Sam Hemingway on
September 12, 2012, produced by Plaintiffs at bates number
EHH0641616.
6.
Leshan Declaration Exhibit 13: Redacted email sent from Paul Reidy
to Dan Preston on September 7, 2012, produced by Plaintiffs at bates
number EHH0641781.
7.
Leshan Declaration Exhibit 14: Redacted email sent from Dan Preston
to David Marsing on September 11, 20102, produced by Plaintiffs at
bates number EHH0641609.
8.
Leshan Declaration Exhibit 18: Redacted email forwarded from Dan
Preston to David Marsing, Jeff Harmes, and Sam Hemingway on
September 7, 2012, produced by Plaintiffs at bates number
EHH0641625.
9.
Leshan Declaration Exhibit 19: Redacted email sent from Dan Preston
to Geoff Barker on August 29, 2012, produced by Plaintiffs at bates
number EHH0641640.
10.
Leshan Declaration Exhibit 21: Redacted email sent from Dan Preston
to gbarker@rpx.com and Paul Reidy on September 7, 2012, produced by
Plaintiffs at bates number EHH0641769.
11.
Leshan Declaration Exhibit 22: Redacted email sent from Paul Reidy
to Dan Preston on September 7, 2012, produced by Plaintiffs at bates
number EHH0641778.
12.
Leshan Declaration Exhibit 28: Excerpts from the rough transcript of
the February 14, 2014 Deposition of Daniel Preston.
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
13.
Declaration of Dan Preston (“Preston Declaration”), dated March 7,
2014.
14.
Preston Declaration Exhibits 1-6: Contractual Agreements between
Eagle Harbor and independent contractors.
15.
Preston Declaration Exhibits 7-11: Non-disclosure Agreements
between Eagle Harbor and investors and potential investors.
16.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit B:
Excerpts from the Deposition of Dan Alan Preston Vol. III, dated
February 14, 2014.
17.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit C:
Executed Manufacturing Agreement between Dan Preston and Earl
Hughson, dated October 25, 2010.
18.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit D:
Patent Security Agreement signed by Dan Preston.
19.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit F:
Excerpts from the Deposition of Samuel Hemingway, dated February
27, 2014.
20.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit G:
Excerpts from the Deposition of Brian Hewitt, dated November 9, 2013.
21.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit H:
Email from Dan Preston to Paul Carlson and Sam Hemingway, dated
March 16, 2010.
22.
Declaration of Jordan Connors (“Connors Declaration”) Exhibit I:
Excerpts of Plaintiffs’ First Supplemental Objections and Responses to
Defendant Ford Motor Company’s Second Set of Interrogatories to
Plaintiffs.
These documents are submitted in support of the Parties’ Joint Discovery Submission
Pursuant to LCR 37 Regarding Third Party Documents Plaintiffs Have Withheld as Privileged.
The documents sought to be sealed relate to (1) Plaintiffs’ interrogatory responses that have
been designated “Attorneys Eyes Only” under the parties’ Confidentiality Agreement; (2)
communications between Plaintiffs and RPX Corporation that have been designated “Attorneys
Eyes Only” under the parties’ Confidentiality Agreement; (3) excerpts from the transcripts of
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
the depositions of Dan Preston, Samuel Hemingway, and Brian Hewitt, which have been
designated “Confidential” under the parties’ Confidentiality Agreement; (4) Declaration of
Plaintiffs’ CEO, Dan Preston, which has been designed “Confidential” under the parties’
Confidentiality Agreement; (5) Plaintiffs’ contracts and Non-Disclosure Agreements with third
parties, which have been designated “Confidential” under the parties’ Confidentiality
Agreement; and (6) an email between Plaintiffs’ employees, which has been designated
“Confidential” under the parties’ Confidentiality Agreement. In addition, the parties seek to
redact the portions of their Joint Submission that quote from these documents in the version
filed publicly, and file an unredacted version under seal. The parties have stipulated that the
sensitive material contained in documents so designated merits filing under seal.
Open discovery is favored in this district, and there is a presumption of access to
publically-filed documents. LCR 5(g). The confidential and sensitive nature of the material
discussed in these documents, however, is good cause to keep the documents under seal. See
Myhrvold v. Lodsys Grp., LLC, C13-1173 RAJ, 2013 WL 5488791, at *4 (W.D. Wash. Sept.
27, 2013) (party must show good cause to keep documents under seal); CR 5(g)(2); see EEOC
v. Fry’s Elecs., Inc., No C10-1562RSL, 2012 WL 1642305, *5 (W.D. Wash. May 10, 2012)
(finding good cause for sealing personnel records of third parties); Boucher v. First Am. Title
Ins. Co., No. C10-199RAJ, 2011 WL 5299497, *5 (W.D. Wash. Nov. 4, 2011) (finding good
cause and granting motion to seal a party’s competitively sensitive licenses with a third party;
noting that redactions were limited to very specific portions of documents). The parties
respectfully request that the Joint Discovery Submission Pursuant to LCR 37 Regarding Third
Party Documents Plaintiffs Have Withheld as Privileged and certain documents in support of
the Joint Submission be filed under seal.
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
DATED: March 10, 2014
SAVITT BRUCE & WILLEY LLP
By:
/s/ Duncan E. Manville
Duncan E. Manville, WSBA #30304
Tel.: (206) 749-0500
Fax: (206) 749-0600
Email: dmanville@sbwllp.com
BROOKS KUSHMAN P.C.
Frank A. Angileri (pro hac vice)
John S. Le Roy (pro hac vice)
1000 Town Center, 22nd Floor
Southfield, Michigan 48075
Tel.: (248) 358-4400
Fax: (248) 358-3351
Email: fangileri@brookskushman.com
jleroy@brookskushman.com
Attorneys for Defendant Ford Motor Company
SUSMAN GODFREY L.L.P.
By:
/s/ Floyd AG. Short
1201 Third Avenue, Suite 3800
Seattle, WA 98101
Tel.: (206) 516-3861
Fax: (206) 516-3883
Parker C. Folse III, WSBA #24895
Ian B. Crosby, WSBA #28461
Floyd G. Short, WSBA #21632
Genevieve Vose Wallace, WSBA #38422
Patrick C. Bageant, WSBA #44268
E. Lindsay Calkins, WSBA #44127
Email: pfolse@susmangodfrey.com
icrosby@susmangodfrey.com
fshort@susmangodrey.com
gvose@susmangodfrey.com
pbageant@susmangodfrey.com
lcalkins@susmangodfrey.com
Attorneys for Plaintiffs
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
IT IS SO ORDERED.
Dated this 7th day of April, 2014.
A
BENJAMIN H. SETTLE
United States District Judge
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
(206) 749-0500
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