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

Filing 545

MOTION to Seal Plaintiffs' Notice of Motion and Motion to File 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..(Lemoine, Melinda)

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 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 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 document: Exhibit 2 to the Declaration of Melinda E. LeMoine in Support of Plaintiffs' Motion In Limine to Preclude Defendants' Argument That Other Illegal Services Would Have Induced Infringement Of Plaintiffs' Copyrights If Lime Wire Had Not The above-referenced document--excerpts from the expert report of George G. Strong Jr.--contains detailed information Plaintiffs have designated "Restricted Confidential -- Outside Attorney's Eyes Only." For example, information in these excerpts reflects confidential information regarding particular plaintiffs' digital revenues produced in this litigation, as well as the terms of confidential agreements between particular plaintiffs and third parties. This information is of a kind not ordinarily made public, and could cause competitive harm if made part of the public record. For this reason, Plaintiffs ask the Court to maintain this excerpt of the Strong report under seal. 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/ Melinda E. LeMoine Melinda E. LeMoine 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) 1