STIPULATED MOTION TO SEAL FILE 

AND AGREED ORDER - 1 

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OSBORN MACHLER

2125 Fifth Avenue 

Seattle, WA 98121 

Telephone (206) 441-4110 

Facsimile (206) 441-4220 

Toll Free 1-877-260-1110

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

JULIUS E. McNEIL, a married woman, and, 

ANGELA R. McNEIL, a married man, on 

behalf of self, marital community and as 

Guardian of MARCELL S.A. McNEIL, a 

minor, 

 

 Plaintiffs, 

 vs. 

ROSE ART, INC., believed to be a New Jersey 

corporation; ABC CORPORATIONS 1-10, 

believed to be the parent corporation(s) of Rose 

Art, Inc.; and ABC CORPORATIONS 11-20, 

believed to be wholly owned subsidiaries of 

Rose Art, Inc., 

 

 Defendants.

 Case No. C06-5165 JCC 

 STIPULATED MOTION TO SEAL FILE 

AND AGREED ORDER 

 

STIPULATION

COME NOW the undersigned parties and respectfully request that Court seal the 

Petition for Approval of Minor Settlement, Report of the Guardian ad Litem, and Order 

Approving Minor Settlement, and any other document containing reference to the settlement 

amount and/or distribution allocation in the above-referenced file. This case arises out of the 

Case 3:06-cv-05165-JCC Document 34 Filed 11/17/06 Page 1 of 3
STIPULATED MOTION TO SEAL FILE 

AND AGREED ORDER - 2 

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OSBORN MACHLER

2125 Fifth Avenue 

Seattle, WA 98121 

Telephone (206) 441-4110 

Facsimile (206) 441-4220 

Toll Free 1-877-260-1110

injuries to a minor child. The case has settled and the parties have agreed that these court files 

be sealed. 

This case did not proceed through discovery or substantive motions, and so, materials 

related to liability issues are not contained in these files. The information contained in these 

files concerns the injuries to the child, which should remain private, and it is important to the 

plaintiffs that the Petition for Approval of Minor Settlement, Report of the Guardian ad Litem, 

Order Approving Minor Settlement, and any document referencing the settlement amount or 

distribution allocation remain confidential for obvious reasons. The public interest would not 

be served by disclosing this private information because: 

1. The materials in these files are made up of documents normally protected by 

physician-patient privilege that would normally be exempt from public review; 

 2. Sealing the record is necessary to fulfill the strong public policy of encouraging 

settlements because the parties bargained for, and agreed to, confidentiality as a material 

element of the settlement; 

 3. The materials sought to be sealed do not contain substantive information that 

will assist others in similar litigation; 

 4. Disclosure of the settlement terms, settlement amount, medical information, 

personal and financial information regarding the child, distribution allocation, and other 

materials will not serve the public interest; and 

 5. Confidentiality of the settlement terms and private information in this matter 

outweighs any other person’s or entity’s need to know. 

Case 3:06-cv-05165-JCC Document 34 Filed 11/17/06 Page 2 of 3
STIPULATED MOTION TO SEAL FILE 

AND AGREED ORDER - 3 

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OSBORN MACHLER

2125 Fifth Avenue 

Seattle, WA 98121 

Telephone (206) 441-4110 

Facsimile (206) 441-4220 

Toll Free 1-877-260-1110

DATED this _____ day of ______________________, 2006. 

OSBORN MACHLER OGDEN MURPHY WALLACE 

By___________________________ By____________________________ 

Simeon J. Osborn, WSBA #14484 D. K. Yoshida, WSBA #_________ 

Attorney for Plaintiffs Attorney for Defendant Rose Art 

Industries, Inc. 

WILLIAMS KASTNER & GIBBS 

By ________________________________ 

Jeffrey R. Johnson, WSBA #____________ 

Attorney for Defendant Mega Bloks, Inc. 

ORDER

Based upon the foregoing stipulation, IT IS ORDERED that the Petition for Approval 

of Minor Settlement, Report of the Guardian ad Litem, Order Approving Minor Settlement and 

any documents referencing settlement terms or distribution allocation shall be filed under seal, 

and the Clerk of the Court is instructed to do so and keep these pleadings and documents under 

seal. 

 DATED THIS 17th day of November, 2006. 

 

 UNITED STATES DISTRICT JUDGE 

A

Case 3:06-cv-05165-JCC Document 34 Filed 11/17/06 Page 3 of 3