Viacom International, Inc. v. Youtube, Inc.

Filing 257

MOTION, to seal document, on behalf of Appellee Google, Inc., Youtube, Inc. and Youtube, LLC, FILED. Service date 04/01/2011 by CM/ECF. [251532] [10-3270]

Viacom International, Inc. v. Youtube, Inc.

Doc. 257 Att. 1

Nos. 10-3270 & 10-3342 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT VIACOM INT'L INC., et al. v. Plaintiffs-Appellants, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) On Appeal from the United States District Court for the Southern District of New York No. 1:07-CV-2103 The Honorable Louis L. Stanton, United States District Judge On Appeal from the United States District Court for the Southern District of New York No. 1:07-CV-03582 The Honorable Louis L. Stanton, United States District Judge.

YOUTUBE, INC., et. al., Defendants-Appellees.

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD., et al. v. Plaintiffs-Appellants,

YOUTUBE, INC., et. al., Defendants-Appellees.

DECLARATION OF ANDREW H. SCHAPIRO IN SUPPORT OF MOTION TO FILE APPELLEES' BRIEF UNDER SEAL AND TO FILE A REDACTED VERSION OF APPELLEES' BRIEF ON THE PUBLIC DOCKET

Dockets.Justia.com

Pursuant to 28 U.S.C. § 1746, Andrew H. Schapiro declares as follows: 1. I am a partner at Mayer Brown LLP and counsel for

Defendants-Appellees in the above-captioned cases. I submit this declaration in support of Appellees' Motion to File Appellees' Brief Under Seal and to File a Redacted Version of Appellees' Brief on the Public Docket. 2. I am authorized to state that Plaintiffs-Appellants Viacom

Int'l Inc., et al. and Class Plaintiffs-Appellants The Football Association Premier League Ltd., et al. do not oppose this motion. 3. Both a sealed and a redacted version of Appellees' answering

brief were initially filed in each of the above captioned cases on March 31, 2011. Appellees received a Notice of Defective Filing (the "Notice") on April 1, 2011. The Notice advised Appellees to cure defects by first filing the present motion and, if the motion is granted, re-filing the redacted brief electronically no later than April 5, 2011. 4. The brief refers to information that is subject to the Second

Amended Stipulated Pre-Trial Protective Order, entered on May 15, 2008 in the district court (the "Protective Order"). Specifically, the brief 2

refers to material that has been designated Confidential or Highly Confidential by the Viacom Plaintiffs-Appellants. In addition to the Protective Order, on request of the Viacom Plaintiffs-Appellants, on August 3, 2010 the district court separately ordered that this protected information be redacted from filings in the district court. The Protective Order and separate sealing order are attached hereto as exhibit A and B, respectively. 5. The brief also refers to information that is the subject of a

sealing order granted by the district court on July 29, 2010 and docketed on July 30, 2010. This sealing order was granted at the request of third party Bay TSP and is attached hereto as Exhibit C. 6. When filing their opening brief, Class Plaintiffs also moved

for permission to file their brief under seal and to file a redacted version on the public docket. Appellees did not oppose that motion. The motion was granted. 7. For these reasons, Appellees respectfully request that the

Court grant leave for the filing of Appellees' brief under seal, and to thereafter file a copy of the brief on the public docket with the protected excerpts redacted from the public version. 3

8.

I declare under penalty of perjury that the foregoing is true

and correct. Executed this 1st day of April, 2011. David H. Kramer Bart E. Volkmer WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304 [phone] s/ Andrew H. Schapiro Andrew H. Schapiro A. John P. Mancini Brian M. Willen MAYER BROWN LLP 1675 Broadway New York, NY 10019 [phone]

Attorneys for YouTube, Inc.

4

CERTIFICATE OF SERVICE I certify that on April 1, 2011, I caused copies of this motion to be sent to the following: Paul M. Smith William H. Hohengarten Scott B. Wilkens JENNER & BLOCK LLP 1099 New York Ave., NW Washington, D.C. 20001 [phone] [e-mail] [e-mail] [e-mail] Susan J. Kohlmann JENNER & BLOCK LLP 919 Third Ave. New York, NY 10022 [phone] [e-mail] Stuart J. Baskin John Guelli Kirsten Nelson Cunha SHEARMAN & STERLING LLP 599 Lexington Ave New York, NY 10023 [phone] [e-mail] [e-mail] [e-mail] Theodore B. Olson Matthew D. McGill GIBSON DUNN 1050 Connecticut Ave., NW Washington, D.C. 20036 [phone] [e-mail] [e-mail] John C. Browne BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1285 Avenue of the Americas New York, NY 10019 (212) 55401400 [e-mail] s/ Andrew H. Schapiro Andrew H. Schapiro

Charles S. Sims PROSKAUER ROSE LLP 1585 Broadway New York, NY 10036 [phone] [e-mail]