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Moussouris v. Microsoft Corp.

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

July 24, 2018

KATHERINE MOUSSOURIS, HOLLY MUENCHOW, and DANA PIERMARINI, on behalf of themselves and a class of those similarly situated, Plaintiffs,
v.
MICROSOFT CORPORATION, Defendant.

          Michael Subit, FRANK FREED SUBIT & THOMAS LLP., Kelly M. Dermody, Anne B. Shaver, Michael Levin-Gesundheit, Tiseme Zegeye, LIEFF CABRASER HEIMANN & BERNSTEIN, LLP, Sharon M. Lee, LIEFF CABRASER HEIMANN & BERNSTEIN, LLP, Rachel J. Geman, LIEFF CABRASER HEIMANN & BERNSTEIN, LLP, Adam T. Klein, Ossai Miazad, Michael Danna, OUTTEN & GOLDEN LLP., Attorneys for Plaintiffs and the proposed Class.

          ORRICK, HERRINGTON & SUTCLIFFE LLP, Mark S. Parris, Lynne Hermle, Jessica R. Perry Mark S. Parris, Attorneys for Defendant, Lynne C. Hermle, Jessica R. Perry

          MICROSOFT CORPORATION, David Howard David Howard, Corporate Vice President and Deputy General Counsel, Litigation.

          STIPULATION AND [PROPOSED] ORDER TO SEAL ORDER, GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. NO. 510)

          THE HONORABLE JAMES J. ROBART UNITED STATES DISTRICT JUDGE.

         On July 11, 2018, this Court issued an Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment ("Order"). Dkt. No. 510. The Court directed the Clerk to provisionally file this Order under seal and ordered the parties to meet and confer regarding the need for redaction. Id. The Court further ordered the parties to jointly file a statement within ten days of the date of the Order to indicate any need for redaction. Id.

         STIPULATION

         Pursuant to the Court's Order, Plaintiffs Katherine Moussouris, Holly Muenchow, and Dana Piermarini, and Defendant Microsoft Corporation, by and through their respective counsel, stipulate and agree as follows:

         Identifying Information of Comparators

         Portions of the Order reveal identifying information of non-party comparators. Dkt. No. 510 at 6:3, 8:17-18, 8:21-22, 9:2, 9:5, 9:7, 9:9-11, 13:14-15, 13:17, 13:19-20, 14:2-3, 14:5-8, 17:1-4, 19:15-18, 19:20-22, 20:1-2, 32:17, 32:20-22, 33:2-3, 33:5, 33:7-8, 33:10, 33:12, 33:17-18, 33:20-22, and 34:2. Microsoft previously offered multiple bases for sealing non-party identifying information. Dkt. Nos. 269 at 5-7; 283 at 7; 358 at 6:10-7:3; and 452 at 2-3 (incorporated herein by reference). The Special Master granted Microsoft's requests to seal certain identifying information of non-parties, including comparators, and the Court adopted each of the Special Master's Reports and Recommendations. Dkt. Nos. 351 at 13, 16, 26-38, 44, and 48 (Report and Recommendation); 369 (Order adopting Report and Recommendation); 462 at 13:12-15; id. at 14-16, 18-19, 24, 26-32, 34, and 35; 468 at 5 (Supplemental Report and Recommendation); 469 (Order adopting Report and Recommendation); 470 (Order adopting Supplemental Report and Recommendation). In accordance with these rulings, certain identifying information of third party comparators has been redacted, and the parties agree the portions of the Court's Order identified above should be redacted. These proposed redactions are reflected in the attached copy of the Order.

         Diversity and Inclusion Strategy

         A portion of the Order quotes a document that was previously sealed by this Court because it sets out Microsoft's internal reactions to comments about its diversity and inclusion strategy. Dkt. No. 510 at 49:19-20. Specifically, the Order quotes MSFT278390, a PowerPoint entitled FY 15 D&I Core Priorities and Action Plan. Id.; MSFT278390 at 8. Microsoft previously provided bases for sealing information concerning diversity and inclusion strategy. Dkt. No. 269 at 9-12 (incorporated herein by reference). The Special Master's February 16, 2018 Report and Recommendation on Motions to Seal granted Microsoft's request to seal MSFT278390 and the Court adopted her Report and Recommendation. See Dkt. Nos. 351 at 29 (Report and Recommendation); 391 (Order adopting Report and Recommendation). For these same reasons, the parties agree that the Court should seal the information regarding internal reactions to comments about Microsoft's diversity and inclusion strategy as set out in the accompanying copy of the Order.

         OFCCP Proceedings

         A portion of the Order reveals details regarding ongoing OFCCP proceedings that are not known to the public. Dkt. No. 510 at 49:22 and 50:1. Microsoft previously offered multiple bases for sealing OFCCP-related information. Dkt. Nos. 269 at 8:8-9:15; 280 at 2:11-4:2; 358 at 6:10-7:3; and 452 at 5:1-7 (incorporated herein by reference). The Special Master granted Microsoft's requests to seal information regarding ongoing OFCCP proceedings and the Court adopted each of her Reports and Recommendations. Dkt. Nos. 351 at 20:3-21:7, 27:5-9, 29:9-14, and 35:21-27; 369; 463 at 6:18-22 and 9:5-8; 490. To date, materials submitted to the Court that include details regarding the OFCCP proceedings unknown to the public have been submitted under seal ...


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