The Football Association Premi v. Youtube, Inc.
Filing
57
MOTION, to seal document, on behalf of Appellant Alley Music Corporation, Bourne Co., Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., Edward B. Marks Music Company, Federation Francaise De Tennis, Freddy Bienstock Music Company, Murbo Music Publishing, Inc., National Music Publishers' Association, Sin-Drome Records, Ltd., Stage Three Music (US), Inc., The Football Association Premier League Limited, The Music Force LLC, The Music Force Media Group LLC, The Rodgers & Hammerstein Organization and X-Ray Dog Music, Inc., FILED. Service date 12/01/2010 by CM/ECF. [157487] [10-3342]
The Football Association Premi v. Youtube, Inc.
Doc. 57
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT
Docket Number(s): 10-3342 Motion for: an order permitting the filing of a brief under seal and a redacted version of the brief on the public docket, pursuant to district court order requiring that information be kept under seal
Set forth below precise, complete statement of relief sought:
Caption [use short title]: THE FOOTBALLASSOCIATION PREMIER LEAGUE LTD., et al. Plaintiffs-Appellants, v. YOUTUBE, INC., et. al., Defendants-Appellees.
Plaintiffs-appellants seek permission to file their brief under seal and to file a redacted version of their brief on the public docket, pursuant to the district court's order requiring that information be kept under seal. MOVING PARTY: The Football Ass'n Premier League Ltd., et al. ý Plaintiffs Defendant ý Appellant/Petitioner Appellee/Respondent MOVING ATTORNEY: Charles S. Sims PROSKAUER ROSE LLP 1585 Broadway New York, NY 10036 Telephone: (212) 969-3950 Email: csims@proskauer.com Counsel for the Premier League appellants OPPOSING PARTY: YouTube, Inc et. al. OPPOSING ATTORNEY: Andrew H. Schapiro (for appellees) MAYER BROWN LLP 1675 Broadway New York, NY 10019 (212) 506-2500 aschapiro@mayerbrown.com
Court-Judge/Agency appealed from: United States District Court, Southern District of New York; Honorable Louis L. Stanton
Please check appropriate boxes: Has movant notified opposing counsel (required by Local Rule 27.1): FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has request for relief been made below?
x Yes ¨ No (explain):_______________________
______________________________________________________ Opposing counsel's position on motion:
Has this relief been previously sought in this Court? ¨ Yes ¨ No Requested return date and explanation of emergency: _________________ ___________________________________________________________ ___________________________________________________________
¨ Yes ¨ No
x Unopposed ¨ Opposed ¨ Don't Know Does opposing counsel intend to file a response: ¨ Yes xNo ¨ Don't Know
Is oral argument on motion requested? Has argument date of appeal been set: Signature of Moving Attorney: _ /s/ Charles S. Sims___________ Date:_12/1/2010_______
¨ Yes ¨ Yes
xNo x No
(requests for oral arguments will not necessarily be granted) If yes, enter date: ___________________________________________
Has service been effected?
x Yes ¨ No [Attach proof of service]
ORDER
IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED. FOR THE COURT: CATHERINE O'HAGAN WOLFE, Clerk of Court Date: By:
Dockets.Justia.com
IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT -----------------------------: : THE FOOTBALL ASSOCIATION : PREMIER LEAGUE LIMITED, et al., : : Plaintiffs-Appellants, : : v. : : YOUTUBE, INC., et al., : Defendants-Appellees. : ------------------------------
Docket 10-3342-cv
DECLARATION OF CHARLES S. SIMS IN SUPPORT OF MOTION TO FILE APPELLANTS' BRIEF UNDER SEAL AND TO FILE A REDACTED VERSION OF APPELLANTS' BRIEF ON THE PUBLIC DOCKET CHARLES S. SIMS hereby declares as follows under penalty of perjury: 1. I am a partner at Proskauer Rose LLP, counsel for plaintiffs-appellants The Football Association Premier League Limited, et al. ("Premier League"). I submit this declaration in support of the motion by Premier League for an order permitting our appellants' brief to be filed under seal on December 3, 2010, and permitting a redacted version to be filed on the public docket, pursuant to the district court's order requiring that information be kept under seal.
2.
I am authorized to state that the defendants-appellees YouTube, Inc., et al. ("YouTube") do not oppose this motion.
3.
Our appellants' brief is due to be filed on December 3, 2010. The brief makes reference, in three sentences, 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"). In particular, in three sentences, the brief references material that has been designated Confidential or Highly Confidential by defendants-appellees (although plaintiffs do not perceive any good reason for that designation). In addition to the Protective Order, on request of the defendants, 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 exhibits A and B, respectively.
2
4.
Plaintiffs have asked the defendants to de-designate those three sentences, but defendants have not agreed to do so. Accordingly, we are constrained to request permission to file a copy of our appellants' brief under seal on December 3, 2010, and to thereafter file a copy of our brief on the public docket with the protected sentences redacted from the public version.
I declare under penalty of perjury that the foregoing is true and correct. Executed on December 1, 2010. /s/ Charles S. Sims Charles S. Sims
3
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