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Ballard Marine Construction, Inc. v. EHW Constructors

United States District Court, W.D. Washington, Tacoma

December 21, 2017

BALLARD MARINE CONSTRUCTION, INC., Plaintiff,
v.
EHW CONSTRUCTORS, a Joint Venture; SKANSKA USA, INC.; AMERICAN BRIDGE COMPANY; and NOVA GROUP, INC., Defendants.

          AHLERS CRESSMAN & SLEIGHT PLLC John P. Ahlers, WSBA #13070 James R. Lynch, WSBA #39274 Scott D. MacDonald, WSBA #51192 Ahlers Cressman & Sleight PLLC Attorneys for Defendants

          WILLIAMS, KASTNER & GIBBS PLLC Daniel A. Brown, WSBA #22028 Meredith E. Dishaw, WSBA #43206 Williams, Kastner & Gibbs PLLC Attorneys for Plaintiff

          STIPULATED MOTION TO SEAL CONTROLLED NUCLEAR INFORMATION AND ORDER THEREON

          Ronald B. Leighton, United States District Judge.

         I. CLERK'S ACTION REQUESTED

         The Clerk is requested to replace Dkt. #25 in this cause of action and all attachments thereto with the redacted version of Dkt. #25 attached to the Declaration of Scott MacDonald filed herewith as Exhibit B. The Clerk is further requested to redact Exhibit A to the Declaration of Scott MacDonald from the public record, and retain the unredacted version of Exhibit A under seal.

         II. RELIEF REQUESTED

         Defendant EHW Constructors (“EHW”) and Plaintiff Ballard Marine Construction, Inc. (“BMC”) respectfully request that this Court replace BMC's Motion for Partial Summary Judgment and attachments filed thereto (Dkt. #25) with the redacted version of Dkt. #25 attached as Exhibit B to the Declaration of Scott MacDonald filed herewith, as well as redact Exhibit A to the Declaration of Scott MacDonald from the public record while retaining the unredacted version of Exhibit A under seal.

         The Prime Contract documents at issue in this dispute have been designated by the United Stated Department of Defense (“DoD”) as Unclassified Controlled Nuclear Information (“UCNI”) pursuant to 10 U.S.C. § 128 and 32 CFR § 223.6. Portions of the Prime Contract are excerpted in part and attached in full at Dkt. #25. The Declaration of Scott MacDonald filed herewith also appends a portion of the Prime Contract, attached as Exhibit A. UCNI material can only be accessed by United States citizens after signing a certificate of non-disclosure, and may not be posted on-line for viewing by the general public. Decl. of Scott MacDonald (“MacDonald Decl”), Ex. A at Section 00800(7.1).

         II. STATEMENT OF FACTS

         A. UCNI Designation.

         The construction Project at issue in this matter is the MCON P-990 Explosives Handling Wharf project. The Prime Contract states that the Project is classified as DoD UCNI. MacDonald Decl., Ex. A § 00800(7.1). Accordingly, access to Prime Contract documents is restricted to “United States Citizens with a need-to-know” and requires the signing of a certificate of non-disclosure. Id. The Subcontract references the UCNI designations and protections required thereby.[1] UCNI materials cannot be placed online or in the public domain for unrestricted access by the general public.

         III. ISSUES PRESENTED

         Whether Dkt. #25 and Exhibit A to the Declaration of Scott MacDonald filed herewith should be sealed to avoid dissemination of UCNI materials.

         IV. ...


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