Filed: Jul. 08, 2019
Latest Update: Jul. 08, 2019
Summary: STIPULATED MOTION AND [ PROPOSED ] ORDER FOR LEAVE TO FILE DOCUMENT UNDER SEAL JAMES L. ROBART , District Judge . I. INTRODUCTION Pursuant to Western District of Washington Civil Local Rule CR 5(g)(2), the parties respectfully move this Court for leave to file under seal an unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011 ("HMA"). II. CERTIFICATION In accordance with Local Civil Rule 5(g)(3)(A), th
Summary: STIPULATED MOTION AND [ PROPOSED ] ORDER FOR LEAVE TO FILE DOCUMENT UNDER SEAL JAMES L. ROBART , District Judge . I. INTRODUCTION Pursuant to Western District of Washington Civil Local Rule CR 5(g)(2), the parties respectfully move this Court for leave to file under seal an unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011 ("HMA"). II. CERTIFICATION In accordance with Local Civil Rule 5(g)(3)(A), the..
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STIPULATED MOTION AND [PROPOSED] ORDER FOR LEAVE TO FILE DOCUMENT UNDER SEAL
JAMES L. ROBART, District Judge.
I. INTRODUCTION
Pursuant to Western District of Washington Civil Local Rule CR 5(g)(2), the parties respectfully move this Court for leave to file under seal an unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011 ("HMA").
II. CERTIFICATION
In accordance with Local Civil Rule 5(g)(3)(A), the undersigned counsel certifies that on July 3, 2019, Philip McCune (on behalf of Hyatt Hotels Corporation and DH Kirkland Management LLC), Jon Stride (on behalf of Plaintiffs) and Shane Cramer (on behalf of CoralTree Hospitality Group LLC) met and conferred, both telephonically and via email, and reached agreement regarding the need and extent to file under seal an unredacted copy of the HMA.
III. BACKGROUND
The parties referenced the HMA in their briefs. Defendants Hyatt Hotels Corporation ("Hyatt"), DH Kirkland Management LLC ("DKM") and CoralTree Hospitality Group LLC ("CoralTree") anticipated in their briefing that they would file the entire HMA document under seal after entry of the Protective Order.
The Court entered the parties' Stipulated Protective Order on July 1, 2019 (Dkt. No. 74) and the parties hereby stipulate to filing the redacted version of the HMA in the public record and filing the full unredacted HMA under seal. Declaration of Matthew W. Walch in Support of Stipulated Motion for Leave to File Under Seal ("Walch Decl."), ¶ 2 and Ex. 1.
The Protective Order (Dkt. No. 74) outlines categories of documents the parties agree are in whole or in part confidential, id. at 2 (Section II), and procedures for sealing confidential material when included in documents filed with the Court. Id. at 4 (Section IV, ¶ 4.3). In the Protective Order, Section II, the parties stipulated that the HMA is a Confidential document. Sealing is necessary because portions of the HMA contain confidential business terms that, if published, would prejudice Hyatt and DKM in other contract negotiations. Walch Decl., ¶ 4. Accordingly, the parties agree that the redacted portions of the HMA are appropriately disclosed only as contemplated by the Protective Order, Section IV, ¶ 4.2.
IV. THE PROTECTIVE ORDER BOTH PERMITS AND REQUIRES THE PARTIES TO FILE THIS MOTION FOR LEAVE TO SEAL
In accordance with the Stipulated Protective Order, the Parties, via this Stipulated Motion, move to file under seal an unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011 ("HMA").
V. CONCLUSION
For the foregoing reasons, the Parties respectfully request that this Court order that the following document be filed under seal:
An unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011.
DATED this 3rd day of July, 2019.
SUMMIT LAW GROUP, PLLC TONKON TORP LLP
By s/ Philip S. McCune By s/ Jon P. Stride
Philip S. McCune, WSBA #21081 Steven D. Olson, WSBA #39086
Alexander A. Baehr, WSBA #25320 Paul Conable, WSBA #43587
philm@summitlaw.com Jon P. Stride, WSBA #34686
alexb@summaitlaw.com steven.olson@tonkon.com
paul.conable@tonkon.com
315 Fifth Avenue S., Suite 100 jon.stride@tonkon.com
Seattle, WA 98104-2682
(206) 676-7000 1600 Pioneer Tower
888 SW Fifth Avenue, Suite 1600
And Portland, OR 97024
Matthew W. Walch (pro hac vice) (503) 221-1440
matthew.walch@lw.com
LATHAM & WATKINS LLP Attorneys for Plaintiff
330 N. Wabash Avenue, Suite 2800
Chicago, IL 60611 HARRIGAN LEYH FARMER & THOMSEN
(312) 876-7603 LLP
Attorneys for Defendant Hyatt Hotels By s/ Shane P. Cramer
Corporation Tyler L. Farmer, WSBA #39912
Shane P. Cramer, WSBA #35099
tylerf@harriganleyh.com
shanec@harriganleyh.com
999 Third Avenue, Suite 4400
Seattle, WA 98104
(206) 623-1700
And
Callie A. Bjurstrom (pro hac vice)
callie.bjurstrom@pillsburylaw.com
PILLSBURY WINTHROP SHAW
PITTMAN LLP
501 West Broadway, Suite 1100
San Diego, CA 92101
(619) 544-3107
Jeffrey D. Wexler (pro hac vice)
jeffrey.wexler@pillsburylaw.com
PILLSBURY WINTHROP SHAW
PITTMAN LLP
725 S. Figueroa Street, 28th Floor
Los Angeles, CA 90017
(213) 488-7129
Attorneys for Defendant CoralTree Hospitality
Group LLC
ORDER
Based upon the foregoing Stipulation, the Court hereby:
ORDERS, ADJUDGES AND DECREES that the unredacted copy of the Hotel Management Agreement between Carillon Properties and Destination Kirkland Management, Inc., dated May 27, 2011 may be filed under seal.
IT IS SO ORDERED.
