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Global Music Rights, LLC v. Radio Music License Committee, Inc.

United States District Court, C.D. California

November 1, 2019

GLOBAL MUSIC RIGHTS, LLC, Plaintiff,
v.
RADIO MUSIC LICENSE COMMITTEE, INC. and DOES 1 through 3, 000, Defendant. and RADIO MUSIC LICENSE COMMITTEE, INC., Plaintiff,
v.
GLOBAL MUSIC RIGHTS, LLC, Defendant.

          DANIEL 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.

          Hon. Terry J. Hatter Judge.

          PROTECTIVE ORDER [DISCOVERY MATTER]

          HONORABLE ALKA SAGAR UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION

         A. PURPOSES AND LIMITATIONS

         Discovery 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.

         B. GOOD CAUSE STATEMENT

         These 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.

         II. DEFINITIONS

         A. “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. 2:19-cv-03957-TJH-AS.

         B. “Challenging Party” means a Party or Non-Party that challenges the designation applied to any Disclosure or Discovery Material under this Order.

         C. “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.

         D. “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.

         E. “Counsel” means Outside Counsel and In-House Counsel as well as the support staff of each.

         F. “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.

         H. “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.

         I. “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.

         K. “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.

         L. “In-House Counsel” means an attorney who is an employee of a Party and whose responsibilities consist of performing legal services for such Party.

         M. “Non-Party” means any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action.

         N. “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.

         O. “Party” means any named party to these Actions, including all of its directors, officers, or employees (or the functional equivalent).

         P. “Producing Party” means any Party or Non-Party that produces Disclosure or Discovery Material in these Actions.

         Q. “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 subcontractors.

         R. “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.

         S. “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 Producing Party.

         III. SCOPE

         The 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 Protected Material.

         Any use of Protected Material at trial shall be governed by the orders of the trial judge.

         IV. DURATION

         Even 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 ...


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