United States District Court, W.D. Washington, Seattle
SOUTHREST, INC., a Washington corporation, dba The Woodmark; CARILLON PROPERTIES, a Washington general partnership, Plaintiffs,
HYATT HOTELS CORPORATION, a Delaware corporation; DH KIRKLAND MANAGEMENT LLC, a Washington limited liability company; CORALTREE HOSPITALITY GROUP LLC, a California limited liability company, Defendants. DH KIRKLAND MANAGEMENT LLC, Counterclaim Plaintiff,
CARILLON PROPERTIES, Counterclaim Defendant.
LAW GROUP, PLLC Philip S. McCune, WSBA #21081, Alexander A.
Baehr, WSBA #25320 and Matthew W. Walch (pro hac vice) LATHAM
& WATKINS LLP Attorneys for Defendant Hyatt Hotels
TORP LLP Steven D. Olson, WSBA #39086 Paul Conable, WSBA
#43587 Jon P. Stride, WSBA #34686 Attorneys for Plaintiff
HARRIGAN LEYH FARMER & THOMSEN LLP Tyler L. Farmer, WSBA
#39912 Shane P. Cramer, WSBA #35099 And Callie A. Bjurstrom
(pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP Jeffrey D.
Wexler (pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP
Attorneys for Defendant CoralTree Hospitality Group LLC
STIPULATED MOTION AND [PROPOSED] ORDER FOR LEAVE TO FILE DOCUMENT UNDER
L. ROBART UNITED STATES DISTRICT COURT
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
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.
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.
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.
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.
PROTECTIVE ORDER BOTH PERMITS AND REQUIRES THE PARTIES TO
FILE THIS MOTION FOR LEAVE TO SEAL
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 ...