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Southrest, Inc. v. Hyatt Hotels Corp.

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

July 8, 2019

SOUTHREST, INC., a Washington corporation, dba The Woodmark; CARILLON PROPERTIES, a Washington general partnership, Plaintiffs,
v.
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,
v.
CARILLON PROPERTIES, Counterclaim Defendant.

          SUMMIT 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 Corporation

          TONKON 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 SEAL

          JAMES L. ROBART UNITED STATES DISTRICT COURT

         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 ...


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