In a new filing with the Jefferson Circuit Court, the Whiteford‑Peterson plaintiffs—represented by Whiteford Taylor & Preston and Peterson Law Office—are urging the judge to require Boeing and other parties in the UPS Flight 2976 crash litigation to produce documents they previously submitted to the National Transportation Safety Board (NTSB).
Background of the lawsuit
The civil litigation stems from the deadly UPS Flight 2976 crash that claimed multiple lives. The plaintiffs, a mix of families, businesses and property owners, have consolidated their claims into a single case to streamline the legal process.
What the plaintiffs are requesting
The motion asks the court to issue a protective order and to set a seven‑day window for the defendants to deliver the requested documents after the order is entered. The plaintiffs argue that the protective order is the main barrier to obtaining the records, noting that defendants have delayed agreeing to one and have suggested a 60‑day production period.
According to the filing, the parties have agreed to treat the entire NTSB production as confidential and export‑controlled, while allowing defendants to make individual confidentiality designations. The plaintiffs contend this approach should address the defendants’ concerns and enable timely production.
Defendants’ position
Boeing’s attorney, Christopher Essig, responded in a November 6 email attached to the filing, stating that the documents were not provided to the NTSB in the format required for litigation. He explained that the defendants must first collect the documents, review them for confidentiality and export‑control markings, and then prepare them for production.
At an October 19 hearing, Boeing’s counsel indicated the company had sought guidance from the NTSB on whether the documents could be released and pledged to produce them if the agency approved. The NTSB later issued an October 28 letter authorizing production subject to a protective order, which the plaintiffs cite in their motion.
Why timing matters
The plaintiffs argue that waiting for the NTSB’s final report would unnecessarily delay discovery, especially since there is no statutory deadline for the agency to issue that report. They warn that prolonged discovery could slow the overall civil litigation process.
The court is scheduled to address the motion at a status conference on November 30.
Implications for the community
For the families and businesses affected by the crash, obtaining these documents promptly could provide critical information for their claims and help move the case toward resolution. The outcome may also set a precedent for how future aviation‑related investigations handle document production in civil suits.
Original reporting: WLKY Louisville — read the source article.
