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Waite v. UMG Recordings, Inc.

United States District Court, S.D. New York

January 13, 2020

JOHN WAITE, an individual; JOE ELY, an individual; KAS1M SULTON, an individual; SUSAN STRAW HARRIS p/k/a SYD STRAW, an individual; LEONARD GRAVES PHILLIPS, an individual, STAN SOBOL a/k/a STAN LEE, an individual, and ISRAEL CABALLERO, an individual; and on behalf of all others similarly situated, Plaintiffs,
v.
UMG RECORDINGS, INC., a Delaware corporation doing business as Universal Music Group, and DOES 1 through 10, Defendants.

          Ryan E. Cronin, Roy W. Arnold (Pro Hac Vice), Gregoly M. Bordo (Pro Hac Vice), David M. Perry (Pro Hac Vice) BLANK ROME LLP Evan S. Cohen (Pro Hac Vice), Maryann R. Marzano (Pro Hac Vice) COHEN MUSIC LAW Attorneys for Plaintiffs

          Steven M. Bierman, Melanie Berdecia SIDLEY AUSTIN LLP, Rollin A. Ransom, Lisa M. Gilford, Adriane Peralta (Pro Hac Vice), Lauren M. De Lilly (Pro Hac Vice) SIDLEY AUSTIN LLP Richard S. Mandel Thomas Kjellberg COWAN, LIEBOWTTZ & LATMAN, P.C. Attorneys for Defendant UMG Recordings, Inc.

          [PROPOSED] STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

          HONORABLE LEWIS A. KAPLAN UNITED STATES DISTRICT JUDGE

         WHEREAS, this matter having come before the Court by stipulation of Plaintiffs John Waite, Joe Ely, Kasim Sulton, Susan Straw Harris, Leonard Phillips, Stan Sobol, and Israel Caballero (each individually a "Plaintiff," and collectively "Plaintiffs") and Defendant UMG Recordings, Inc. (together with Plaintiffs, each individually a "Party" and collectively "Parties") for the entry of a protective order limiting the review, copying, dissemination, and filing of confidential and/or proprietary documents and information to be produced by any Party and their respective counsel or by any non-party in the course of discovery in this matter, and in any related matters that may arise in the future, to the extent set forth below; and the Parties, by, between and among their respective counsel, having stipulated and agreed to the terms set forth herein, and good cause having been shown;

         WHEREAS, the Parties, through counsel, agree to the following terms; and

         WHEREAS, this Court finds that good cause exists for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this litigation;

         IT IS HEREBY ORDERED that the Parties to this litigation, their respective officers, agents, servants, employees, and attorneys, any other person in active concert or participation with any of the foregoing, and all other persons with actual notice of this Order will adhere to the following terms, upon pain of contempt:

         1. This Stipulation is being entered into to facilitate the production, exchange, and discovery of documents and information that the Parties, and as appropriate, non-parties, agree merit confidential treatment (hereinafter the "Discovery Material"). 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. Nothing in this Stipulated Confidentiality Agreement and Protective Order shall be interpreted or construed as restricting a Party's right to seek penalties or sanctions for any bad faith designation of information as confidential.

         2. Nothing in this Stipulated Confidentiality Agreement and Protective Order shall be interpreted or construed as changing any burden of proof or persuasion with respect to any confidentiality designation or burden with respect to any sealing request.

         3. With respect to the Discovery Material, any Party or, as appropriate, non-party, may designate Discovery Material provided in connection with this litigation as "Confidential" or "Confidential - ATTORNEYS' EYES ONLY," either by notation on each page of the document so designated, statement on the record of the deposition, or written advice to the respective undersigned counsel for the Parties hereto, or by other appropriate means.

         4. As used herein:

(a). "Confidential Information" shall mean all Discovery Material, and all information contained therein, and other information designated as confidential in good faith, if such Discovery Material contains non-public proprietary business information, non-public personally identifiable information, or any other category of information given "Confidential" status by this Court after the date of this Order.
(b). "Confidential - ATTORNEYS' EYES ONLY Information" shall mean all Discovery Material, and all information contained therein, and other information designated as Confidential - ATTORNEYS' EYES ONLY, if such material qualifies as Confidential Information and contains or refers to trade secret(s) or is otherwise commercially sensitive, the disclosure of which to another party would create risk of competitive or other injury, and cannot be protected by less restrictive means.
(c). "Producing Party" shall mean the Parties to this litigation and any non-parties producing "Confidential Information" or "Confidential - ATTORNEYS' EYES ONLY Information" in connection with depositions, document production, subpoenas or otherwise, or the Party or non-party asserting the confidentiality privilege, as the case may be.
(d). "Receiving Party" shall mean the Parties to this litigation and/or any non-party receiving "Confidential Information" or "Confidential - ATTORNEYS' EYES ONLY Information" in connection with depositions, document production, subpoenas or otherwise.

         5. With respect to Discovery Material that a Party or person has designated as Confidential or Confidential- ATTORNEYS' EYES ONLY pursuant to this Order, no Party or person subject to this Order may disclose such protected Discovery Material to anyone except as expressly permitted hereunder.

         6. The Receiving Party may, at any time, notify the Producing Party that the Receiving Party does not concur in the designation of a document or other material as Confidential or Confidential- ATTORNEYS' EYES ONLY, provided that the Receiving Party must identify with specificity the document or other material that is the subject of the challenge and the particularized basis for such challenge as to each such document or other material. If the Producing Party does not agree to declassify such document or material within fourteen (14) business days of the written request, the Receiving Party may move before the Court for an order declassifying those documents or materials. If no such motion is filed, such documents or materials shall continue to be treated as Confidential Information or Confidential -ATTORNEYS' EYES ONLY Information. If such motion is filed, the documents or other materials shall be deemed Confidential Information or Confidential - ATTORNEYS' EYES ONLY Information unless and until the Court rules otherwise. Notwithstanding anything herein to the contrary, the Producing Party bears the burden of establishing the propriety of its designation of documents or information as Confidential Information or Confidential -ATTORNEYS' EYES ONLY Information.

         7. If at any time before the termination of this litigation a Producing Party realizes that it should have designated as Confidential or Confidential - ATTORNEYS' EYES ONLY some portion(s) of Discovery Material that it previously produced without such designation, the Producing Party may so designate such material by notifying all Parties in writing. Thereafter, all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential or Confidential - ATTORNEYS' EYES ONLY, as appropriate. In addition, the Producing Party shall provide each other Party with replacement ...


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