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Coalview Centralia, LLC v. Transalta Centralia Mining LLC

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

August 27, 2019

COALVIEW CENTRALIA, LLC, a Delaware limited liability company, Plaintiff,
v.
TRANSALTA CENTRALIA MINING LLC, a Washington limited liability company, and TRANSALTA CORPORATION, a Canadian corporation, Defendants.

          SAVITT BRUCE & WILLEY LLP MILES A. YANICK DUNCAN E. MANVILLE, ATTORNEYS FOR DEFENDANTS TRANSALTA CENTRALIA MINING, LLC AND TRANSALTA CORPORATION

          KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. BY STEVE I. SILVERMAN, ATTORNEYS FOR PLAINTIFF COALVIEW CENTRALIA, LLC (ADMITTED PRO HAC VICE)

          STIPULATED MOTION FOR ORDER TO SEAL

          HONORABLE RONALD B. LEIGHTON JUDGE

         I. INTRODUCTION

         In accordance with LCR 5(g), and LCR 7(d)(1), and the Stipulated Protective Order (ECF No. 110), Plaintiff Coalview Centralia, LLC (“Plaintiff” or “Coalview”) and Defendants TransAlta Centralia Mining, LLC and TransAlta Corporation (“Defendants” or “TransAlta”) move to seal certain portions of:

(1) Exhibits B and C to the previously filed Declaration of Garrett M. Wilson (ECF No. 165);
(2) TransAlta Centralia Mining, LLC's Motion for Partial Summary Judgment Regarding Termination;
(3) Declaration of Lorraine Barrick in Support of TransAlta Centralia Mining, LLC's Motion for Partial Summary Judgment Regarding Termination and Exhibit F and I thereto;
(4) Declaration of Bob Nelson in Support of TransAlta Centralia Mining, LLC's Motion for Partial Summary Judgment Regarding Termination and Exhibit A thereto; and
(5) TransAlta Centralia Mining, LLC's Opposition to Coalview Centralia, LLC's Second Motion for Preliminary Injunction.

         II. STATEMENT OF FACTS

         A. The Stipulated Protective Order.

         On April 5, 2019, this Court entered a Stipulated Protective Order. (ECF No. 110). Among other things, the Protective Order permits a party to designate documents produced in discovery as “Confidential.” (See, e.g., ¶ 5.) The Stipulated Protective Order provides that, if a party wishes to submit to the Court information or materials that have been designated as “Confidential, ” then such party shall meet and confer in an effort to determine if the “Confidential” designation may be removed and-if the designation(s) are not removed, then file a Motion to Seal. (Id. ¶ 4.3.)

         B. The ...


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