United States District Court, C.D. California
M. PETROCELLI (S.B. #97802) DAVID MARROSO (S.B. #211655)
STEPHEN J. MCINTYRE (S.B. #274481) O'MELVENY & MYERS
LLP KATRINA ROBSON (S.B. #229835) O'MELVENY & MYERS
LLP Attorneys for Plaintiff Global Music Rights, LLC
Jennifer Giordano LATHAM & WATKINS LLP Counsel for Radio
Music License Committee, Inc.
Terry J. Hatter Judge.
PROTECTIVE ORDER [DISCOVERY MATTER]
HONORABLE ALKA SAGAR UNITED STATES MAGISTRATE JUDGE.
PURPOSES AND LIMITATIONS
in these Actions is likely to involve production of
confidential, proprietary, or private information for which
special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be
warranted. Accordingly, the parties hereby stipulate to and
petition the Court to enter the following Protective Order.
The parties acknowledge that this Order does not confer
blanket protections on all disclosures or responses to
discovery and that the protection it affords from public
disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the
applicable legal principles. The parties further acknowledge,
as set forth in Section XII.C, below, that this Order does
not entitle them to file confidential information under seal;
Local Civil Rule 79-5 sets forth the procedures that must be
followed and the standards that will be applied when a party
seeks permission from the court to file materials under seal.
GOOD CAUSE STATEMENT
Actions are likely to involve confidential and competitively
sensitive business information relating to the licensing of
copyrighted works, including but not limited to customer and
pricing lists, market research, business strategy, non-public
commercial agreements (including information implicating
privacy rights of third parties), and other financial,
technical, trade secret and proprietary information, and/or
information that is generally unavailable to the public, or
which may be privileged or otherwise protected from
disclosure under state or federal statutes, court rules, case
decisions, or common law. In the absence of a protective
order, the Parties would be irreparably harmed; a receiving
party in possession of such non-public information would
attain an unfair business advantage over the producing party.
Moreover, many of the documents that are likely to be at
issue in these Actions are subject to stringent
confidentiality agreements with third parties. Thus, a
protective order is necessary to protect the confidentiality
interests of numerous nonparties. Accordingly, to expedite
the flow of information, facilitate the prompt resolution of
disputes over confidentiality of discovery materials,
adequately protect information the parties are entitled to
keep confidential, ensure that the parties are permitted
reasonable necessary uses of such material in preparation for
and in the conduct of trial, address their handling at the
end of the litigation, and serve the ends of justice, a
protective order for such information is justified in this
matter. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief
that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of
the public record of this case.
“Actions” means Global Music Rights, LLC v.
Radio Music License Committee, Inc., No.
2:16-cv-09051-TJH-AS and Radio Music License Committee,
Inc. v. Global Music Rights, LLC, No.
“Challenging Party” means a Party or Non-Party
that challenges the designation applied to any Disclosure or
Discovery Material under this Order.
“CONFIDENTIAL” is a designation that may be
applied to any Disclosure or Discovery Material to denote
that it is Confidential Information. Information designated
as “CONFIDENTIAL” may be used and communicated
only as provided in this Protective Order.
“Confidential Information” is any Disclosure or
Discovery Material that qualifies for protection under
Federal Rule of Civil Procedure 26(c), and as specified above
in the Good Cause Statement. Confidential Information must be
marked with the “CONFIDENTIAL” designation
according to the terms of this Order.
“Counsel” means Outside Counsel and In-House
Counsel as well as the support staff of each.
“Designating Party” means a Party or Non-Party
that designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL” or “OUTSIDE COUNSELS'
EYES ONLY.” G. “Disclosure or Discovery
Material” means all items or information, regardless of
the medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or
generated by any Designating Party in disclosures or
responses to discovery or subpoenas in this matter.
“Expert” means a person with specialized
knowledge or experience in a matter pertinent to the
litigation who has been retained by a Party or its counsel to
serve as an expert witness or as a non-testifying consultant
in the Actions. “Expert” includes all supporting
personnel and clerical staff working under the direction and
supervision of the expert or consultant.
“OUTSIDE COUNSELS' EYES ONLY” is a
designation that may be applied to any Disclosure or
Discovery Material to denote that it is Outside Counsels'
Eyes Only Information. Information designated as
“OUTSIDE COUNSELS' EYES ONLY” may be used and
communicated only as provided in this Protective Order.
“Outside Counsels' Eyes Only Information” is
any Disclosure or Discovery Material that contains highly
sensitive business information of current or prospective
significance and for which production on a confidential
basis, even to In-House Counsel, would create a substantial
risk of serious harm to the Designating Party that could not
be avoided by less restrictive means.
“In-House Counsel” means an attorney who is an
employee of a Party and whose responsibilities consist of
performing legal services for such Party.
“Non-Party” means any natural person,
partnership, corporation, association, or other legal entity
not named as a Party to this Action.
“Outside Counsel” means outside counsel for each
Party who are not employees of a party to these Actions but
are retained to represent or advise a party to these Actions
and have appeared in these Actions as of the date of this
stipulation on behalf of that party, including all attorneys,
staff, and clerical and support personnel of that outside
counsel's law firm.
“Party” means any named party to these Actions,
including all of its directors, officers, or employees (or
the functional equivalent).
“Producing Party” means any Party or Non-Party
that produces Disclosure or Discovery Material in these
“Professional Vendors” means persons or entities
that provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
“Privilege” or “Privileged” refers to
the attorney-client privilege, attorney work-product
doctrine, or any other claim of privilege to justify
withholding otherwise discoverable information.
“Protected Material” means any Disclosure or
Discovery Material that is designated as
“CONFIDENTIAL” or “OUTSIDE COUNSELS'
EYES ONLY.” T. “Receiving Party” means a
Party that receives Disclosure or Discovery Material from a
protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also (1) any
information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal
of Protected Material at trial shall be governed by the
orders of the trial judge.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. “Final
Disposition” shall be deemed to be the later of (1)
dismissal of all claims and defenses in these Actions with
prejudice; or (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews ...