Vuksanovich v. Airbus Group HQ, Inc.

Arnold Porter snes +1 713.576.2401 Direct [email protected]

FILED #: FILED:__9/9/2024 September 6, 2024 Application GRANTED. The Clerk of Court is direc VIA ECF AND ELECTRONIC MAIL to terminate ECF No. 188. SO ORDERED.

Hon. Jennifer H. Rearden ‘ lp Koarden, Daniel Patrick Moynihan United States Courthouse nnifer H. Rearden, U.S.D.J.

500 Pearl St. ated: September 9, 2024 New York, NY 10007 Re: Kristi Vuksanovich, et al. v. Airbus Americas, Inc., et al., 1:21-cv-03454-JHR Dear Judge Rearden: Pursuant to Rule 9 of this Court’s Individual Rules of Practice in Civil Cases, the parties jointly seek leave to file their memoranda of law and exhibits in support of Defendants’ Motion for Summary Judgment and the parties’ motions pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) under a provisional seal until October 18, 2024. The parties’ motions discuss and cite to an extensive evidentiary record that includes numerous exhibits containing sensitive information, including Plaintiff Kristi Vuksanovich’s medical information and the Airbus Defendants’ sensitive commercial information. Given the large volume of exhibits attached to the motions, the parties intend to confer and mutually decide upon which information should be redacted or sealed under the standards set forth in Rule of this Court’s Individual Rules.

Accordingly, the parties seek permission to file their exhibits under a provisional seal until October 18, 2024. On that date, the parties will file public versions of their memoranda of law and exhibits, with the agreed-upon sealing of exhibits and/or redactions.

Each party will be responsible for their own information, i.e., Plaintiffs will propose sealing and redactions as to their own information, and Defendants will do the same for their information. The parties will accomplish this according to the following schedule: - By September 20, 2024, the parties will each provide to the other side their proposal for the sealing of exhibits and/or redactions with respect to their own motions. | Arnold & Porter Kaye Scholer LLP Louisiana Street, Suite 4000 | Houston, TX 77002-2755 | www.arnoldporter.com Arnold & Porter Hon. Jennifer Rearden September 6, 2024 Page 2 - By October 11, 2024, the parties will each provide to the other side their proposal for the sealing of exhibits and/or redactions with respect to the opposing party’s motions. - By October 18, 2024, the parties will consolidate their proposals and file public versions of their memoranda of law and exhibits, with the agreed-upon sealing of exhibits and/or redactions.

Consistent with this Court’s rules, the parties will also file by October 18 a letter motion explaining why the information should be redacted or sealed.

The parties appreciate the Court’s consideration of this matter.

Respectfully submitted by: /s/ Christopher M. Odell ___ Christopher M. Odell [email protected] ARNOLD & PORTER KAYE SCHOLER LLP Louisiana St., Ste. 4000 Houston, Texas 77098 T: (713) 576-2400 F: (713) 576-2499 Admitted pro hac vice Diana Sterk [email protected] ARNOLD & PORTER KAYE SCHOLER LLP W. 55th St. New York, NY 10019 T: (202) 942-5000 F: (212) 836-6638 David Weiner [email protected] Megan Pieper [email protected] ARNOLD & PORTER KAYE SCHOLER LLP Massachusetts Ave. NW Washington, DC 20001 T: (202) 942-5000 Arnold & Porter Hon. Jennifer Rearden September 6, 2024 Page 3 F: (202) 942-5999 Admitted pro hac vice Attorneys for Defendants Airbus Americas, Inc. and Airbus S.A.S.

John T. Martin (BBO #676344) Michaela M. Weaver (BBO #705985) Sullivan & Sullivan, LLP Walnut Street Wellesley, Massachusetts 02481 T: (781) 263-9400 F: (781) 239-1360 [email protected] [email protected] Admitted pro hac vice Attorneys for Plaintiffs