Starr Indemnity & Liability Company v. Point Ruston LLC et al, No. 3:2020cv05539 - Document 40 (W.D. Wash. 2020)
Court Description: STIPULATION AND ORDER granting Parties' 35 Stipulated Motion to Seal. Signed by Judge Robert S. Lasnik.(LH)
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Starr Indemnity & Liability Company v. Point Ruston LLC et al Doc. 40 Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STARR INDEMNITY & LIABILITY COMPANY, Plaintiff, ) ) ) ) v. ) ) ) ) POINT RUSTON, LLC; MICHAEL ) COHEN; JULIE MCBRIDE; LOREN ) COHEN; HOLLAND COHEN; MC ) RUSTON LLC; M&J REAL ESTATE ) INVESTMENT, LLC; MCBRIDE COHEN ) MANAGEMENT GROUP, LLC; ) ABERNETHY ROAD GROUP, LLC; ) MCBRIDE-COHEN CONSTRUCTION ) PAYROLL SERVICES, LLC; CENTURY ) TACOMA BUILDING, LLC; CENTURY ) CONDOMINIUMS, LLC; POINT RUSTON ) THEATRE, LLC; POINT RUSTON PHASE ) II, LLC; POINT RUSTON PHASE III, LLC; ) PR RETAIL, LLC; JLW POINT RUSTON ) INVESTMENTS, LLC, ) ) Defendants. ) ) Case No. 3:20-cv-5539-RSL PLAINTIFF STARR INDEMNITY & LIABILITY COMPANY’S STIPULATED MOTION TO SEAL DOCUMENT RELATING TO ITS RESPONSE TO MOTION TO DISMISS NOTE ON MOTION CALENDAR: August 17, 2019 25 26 27 28 STIPULATED MOTION TO SEAL - 1 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1 Dockets.Justia.com Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 2 of 6 1 2 I. RELIEF REQUESTED Plaintiff, Starr Indemnity & Liability Company (“Starr”), pursuant to LCR 5(g)(3)(B), with 3 4 5 6 the approval and stipulation of the other parties to this action, moves to seal a document filed today as an exhibit to the Declaration of Jonathan Toren (the “Toren Declaration”) in support of Starr’s Response to Defendants’ Motion to Dismiss, and in support thereof states as follows: 7 8 9 II. STATEMENT OF FACTS Contemporaneously herewith, Starr has filed a Response to the Motion to Dismiss filed by several of the defendants asserting inadequate pleading of subject matter jurisdiction. With that 10 response, Starr has filed the Toren Declaration, which attaches several exhibits reflecting the 11 12 13 14 evidence upon which Starr relied in alleging the citizenship of the parties in the Amended Complaint. One of those documents is an underwriting worksheet (the “Worksheet”) from Starr’s 15 underwriting file for the current policy issued to MC Construction, Inc. and several of the 16 defendants in this action. The format and contents of the Worksheet reflect Starr’s confidential 17 means and methods of developing and pricing premiums for insurance policies. These means and 18 methods are valuable trade secrets for Starr. Starr has produced the Worksheet to all Defendants 19 20 and marked the Worksheet “Confidential” pursuant to the Stipulated Protective Order filed in this 21 Court on August 14, 2020. Starr has conferred with the defendants, and none of the defendants 22 object to filing the Worksheet under seal. 23 24 25 III. ARGUMENT Pursuant to LCR 5(g)(2)(B) and 5(g)(3)(B), Starr is filing this stipulated motion to seal the Worksheet. Starr has a legitimate interest in protecting confidential underwriting-related trade 26 27 28 secrets from disclosure. Public filing of the Worksheet will expose those trade secrets to Starr’s STIPULATED MOTION TO SEAL - 2 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1 Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 3 of 6 1 2 competitors, potentially harming Starr’s competitive advantage in underwriting coverages and pricing premiums. As the format and contents of the Worksheet as a whole reflect those trade 3 4 5 6 secrets, a less restrictive means is insufficient. In that regard, Starr further notes that it is requesting to seal only that single document, and not any other exhibit or any portion of the Response brief or Toren Declaration. 7 8 9 Pursuant to LCR 5(g)(6), if this Motion to Seal is denied, Starr requests that the Court allow Starr to withdraw the Worksheet and file an alternative Response and declaration that omit any reference to the Worksheet. 10 IV. CONCLUSION 11 For the foregoing reasons, Starr respectfully requests that this Court permit the Worksheet 12 13 to remain under seal, based on the agreement of the parties as to this motion and the Stipulated 14 Protective Order. 15 V. CERTIFICATION 16 17 Pursuant to LCR 5(g)(3)(A), Plaintiff hereby certifies that counsel for the parties exchanged emails and conferred on August 13, 2020, in an attempt to obtain an agreement on the 18 document at issue and did, in fact, reach such agreement. 19 20 21 22 // // // 23 24 25 // // 26 // 27 // 28 STIPULATED MOTION TO SEAL - 3 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1 Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 4 of 6 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated this 17th day of August, 2020. Dated this 17th day of August, 2020. /s/ Jonathan Toren William F. Knowles, WSBA No. 17212 Jonathan Toren, WSBA No. 46896 999 Third Avenue, Suite 1900 Seattle, Washington 98104 Telephone: 206.340.1000 Facsimile: 206.621.8783 E-mail: wknowles@cozen.com jtoren@cozen.com /s/ Jason R. Donovan Jason R. Donovan, WSBA No. 40994 Foster Garvey PC 1111 Third Avenue, Suite 3000 Seattle, Washington 98101-3299 Telephone: (206) 447- 7269 Facsimile: (206) 447-9700 Email: j.donovan@foster.com 4 5 6 7 8 9 10 Attorneys for Plaintiff Starr Indemnity & Liability Company 11 12 13 14 15 Attorneys for Defendants Point Ruston, LLC, Michael Cohen, Julie McBride, Loren Cohen, Holland Cohen, MC Ruston LLC, M&J Real Estate Investment, LLC, McBride Cohen Management Group, LLC, Abernethy Road Group, LLC, McBride-Cohen Construction Payroll Services, LLC, Century Tacoma Building, LLC, Century Condominiums, LLC, Point Ruston Theatre, LLC, Point Ruston Phase II, LLC, Point Ruston Phase III, LLC, and PR Retail, LLC Dated this 17th day of August, 2020. 16 17 18 19 20 21 22 /s/ William A. Linton William A. Linton, WSBA No. 19975 Daniel G. Findley, WSBA No. 43362 Inslee, Best, Doezie & Ryder PS 10900 NE 4th Street, Suite 1500 Bellevue, Washington 98004-8345 William’s Phone: (425) 450-4250 Daniel’s Phone: (425) 450-4243 Office: (425) 455-1234 Fax: (425) 635-7720 Email: wlinton@insleebest.com dfindley@insleebest.com 23 24 Attorneys for Defendant JLW Point Ruston Investments, LLC 25 26 27 28 STIPULATED MOTION TO SEAL - 4 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1 Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 5 of 6 1 ORDER 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 5 DATED: this 18th day of August, 2020. 6 7 8 A Robert S. Lasnik 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION TO SEAL - 5 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1 Case 3:20-cv-05539-RSL Document 40 Filed 08/18/20 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on August 17, 2020, I electronically filed the foregoing document with 3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to all 4 counsel of record. 5 6 DATED this 17th day of August, 2020. 7 COZEN O'CONNOR 8 9 By: 10 11 12 13 /s/ Bonnie L. Buckner Bonnie L. Buckner, Legal Secretary 999 Third Avenue, Suite 1900 Seattle, Washington 98104 Telephone: 206.340.1000 Toll Free Phone: 800.423.1950 Facsimile: 206.621.8783 Email: bbuckner@cozen.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION TO SEAL - 6 LAW OFFICES OF COZEN O’CONNOR A PROFESSIONAL CORPORATION 999 THIRD AVENUE SUITE 1900 SEATTLE, WASHINGTON 98104 (206) 340-1000 LEGAL\47852200\1
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