Arista Records LLC et al v. Lime Wire LLC et al

Filing 534

MOTION to Seal Plaintiffs' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)

Arista Records LLC et al v. Lime Wire LLC et al Doc. 534 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; ARISTA MUSIC, fka BMG MUSIC; CAPITOL RECORDS LLC fka CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY MUSIC ENTERTAINMENT, fka SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. PLAINTIFFS' NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL Glenn D. Pomerantz (pro hac vice) Kelly M. Klaus (pro hac vice) Melinda E. LeMoine Jonathan H. Blavin (pro hac vice) Munger, Tolles & Olson LLP 355 South Grand Avenue Los Angeles, CA 90071 (213) 683-9100 Attorneys for Plaintiffs Date: February 25, 2011 06 Civ. 05936 (KMW) ECF CASE Dockets.Justia.com NOTICE TO THE COURT, DEFENDANTS AND THEIR COUNSEL OF RECORD: Pursuant to the Amended Protective Order entered in this action on January 6, 2011, Plaintiffs hereby move this Court to place under seal, until further order of this Court, the following documents: Memorandum of Law in Support of Plaintiffs' Motion In Limine to Preclude any Argument or Evidence Concerning Defendants' Purported Belief in the Lawfulness of their Conduct (unredacted) Exhibits 2-5 to the Declaration of Kelly M. Klaus in Support of Plaintiffs' Motion In Limine to Preclude any Argument or Evidence Concerning Defendants' Purported Belief in the Lawfulness of their Conduct (unredacted) Memorandum of Law in Support of Plaintiffs' Motion In Limine to Preclude Defendants From Asserting Privilege Over Communications With Fred von Lohmann or The Electronic Frontier Foundation (unredacted) Exhibits 1, 5, 7 10-13, and 16-18 to the Declaration of Susan Traub Boyd in Support of Plaintiffs' Motion In Limine to Preclude Defendants From Asserting Privilege Over Communications With Fred von Lohmann or The Electronic Frontier Foundation (unredacted) Exhibits 1 and 2 to the Declaration of Melinda Eades LeMoine in Support of Plaintiffs' Motion In Limine to Preclude Evidence or Argument Inconsistent With Facts Established at Summary Judgment (unredacted) The above-referenced documents contain material that has been designated by Defendants or third parties as either Confidential or Confidential-Attorney's Eyes Only under the Amended Protective Order, a copy of which is on file with the Court (Dkt. 400). Paragraph 15 of the Amended Protective Order requires a party submitting Confidential or ConfidentialAttorney's Eyes Only material to the Court to file such material under seal to protect it from disclosure. Plaintiffs are simultaneously electronically filing a version of these documents that narrowly redacts only that material the Protective Order requires Plaintiffs to keep confidential. Plaintiffs do not believe such materials in fact contain confidential information, but are obligated 1 to move to seal them because of the confidentiality designations given by Defendants or other third parties. Plaintiffs also seek to file under seal the following documents: Memorandum of Law In Support of Plaintiffs' Motion In Limine to Preclude Evidence and Argument Regarding Prior Settlement Communications (unredacted) Exhibits 1 and 2 to the Declaration of Melinda E. LeMoine in Support of Plaintiffs' Motion In Limine to Preclude Evidence and Argument Regarding Prior Settlement Communications (unredacted) These documents contain confidential information regarding settlement discussions that Plaintiffs are obligated not to make public. Plaintiffs will include this Motion in the Letter Your Honor directed the parties to submit by March 11 collecting all of the requests for under seal treatment that have been filed since January 14. Dated: February 25, 2011 Respectfully submitted _/s/_Kelly M. Klaus________ Kelly M. Klaus Attorney for Plaintiffs Munger, Tolles & Olson LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 (213) 683-9100 (213) 687-3702 (Fax) 2