McMillan v. Live Nation Entertainment Inc et al

Filing 27

AGREED PROTECTIVE ORDER. Signed by Judge James M. Moody on 6/7/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
COREY MCMILLAN, Individually and on
Behalf of a Class of Similarly Situated Persons
v.

PLAINTIFF

Case No. 4:11-cv-00332-JMM

LIVE NATION ENTERTAINMENT, INC. and
TICKETMASTER, L.L.C., d/b/a TICKETMASTER

DEFENDANTS

AGREED PROTECTIVE ORDER
It is hereby ORDERED as follows:
1.

1.

For purposes of this Protective Order, AConfidential

Information@ shall include any documents, discovery responses, or deposition responses that a
Party or its counsel designate as confidential based upon a good faith belief that the designation
is appropriate because the documents contain proprietary or confidential business or financial
information or trade secrets. Confidential Information shall not include documents disseminated
by either party on the internet or which are available from third parties or public sources, except
as otherwise provided by order of this Court.
2.

2.

At the time a Party produces documents or responds

to a written discovery request, the producing Party may designate such information as
Confidential by stamping the word AConfidential@ on any documents or stating in response to a
discovery request that the information is deemed Confidential Information.
3.

3.

During any deposition, the deponent or counsel for

a deponent or a Party or counsel for a Party may designate that the testimony, or portions
thereof, be subject to the protections set forth in this Protective Order.

4.

4.

If any Party receiving Confidential Information

believes that such documents or information are not entitled to the protections set forth in this
Protective Order, the receiving Party shall indicate to the producing Party, in writing, the specific
documents or information that the receiving Party believes falls outside of the protections set
forth in this Protective Order.
5.

5.

If the producing Party objects, in writing, to the

receiving Party’s notice that the documents or information fall outside of the protections set forth
in this Protective Order, such objection shall be made within ten (10) days of receiving such
written notice, or the claim of confidentiality shall be waived. If the producing Party desires the
documents or information to remain confidential, the producing Party shall move the Court for
an order on the issue within two (2) weeks of sending its objection to the receiving Party, or the
producing Party’s objection shall be waived. The parties agree that the time limitations within
this paragraph may be modified by agreement or by the Court.
6.

6.

Until any dispute regarding the confidentiality of a

document or other information is resolved, the documents or information at issue shall retain the
protections set forth in this Protective Order.
7.

7.

Confidential Information shall not be disclosed to

anyone other than the Parties, attorneys for the Parties, secretaries, paraprofessional assistants,
other employees of the attorneys who are actively engaged in assisting counsel in connection
with this action, witnesses, consultants, and expert witnesses specially retained or specially
employed for purposes of the Action. For purposes of this Protective Order, “Parties” shall be
defined as Defendants and Corey McMillan, but shall not be defined to include other members

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of the putative class unless allowed by order of this Court. To the extent any Confidential
Information is provided to any Party=s witnesses or expert witnesses, each witness or expert
witness shall: (a) agree in writing, in the form attached to this Protective Order as Exhibit A,
prior to receiving any Confidential Information, that he shall be bound by the terms of this
Protective Order and (b) agree to return all Confidential Information to the producing Party upon
conclusion of the Action.
8.

8.

The inadvertent, unintentional, or in camera

disclosure of Confidential Information shall not, under any circumstances, be deemed a waiver,
in whole or in part, of any Party=s claims of confidentiality.
9.

9.

The Parties and all persons subject to the provisions

of this Protective Order agree to use Confidential Information solely and exclusively for
purposes of preparing for, conducting, and participating in this litigation and for no other
purpose whatsoever.
10.

10.

Each Party reserves the right to object to or to seek

an appropriate order limiting any use which any other Party may seek to make of such
Confidential Information either in discovery or at the trial of the Action.
11.

11.

This Protective Order, in so far as it restricts

communication in any way and use of Confidential Information, shall continue to be binding
through and after the conclusion of this litigation. Following the conclusion of this action,
including all appeals, counsel who receive Confidential Information through discovery shall
destroy all Confidential Information within two weeks following the close of all litigation in this
matter, provided, however, that counsel for plaintiff may retain one copy of the Confidential
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Information until after the limitations period has expired for any claims, including professional
liability claims, that may result from the resolution of this matter, at which time such
Confidential Information shall be destroyed.
12.

12.

Any time limit contemplated by this Protective

Order may be extended by an agreement in writing, signed by counsel of record for each Party.
13.

13.

This Protective Order is applicable to the Parties for

the sole purpose of facilitating discovery in the Action. This Order and the confidentiality
designations made pursuant to this Order may not be used in any manner, directly or indirectly,
as evidence at trial or any hearing or referred to at trial or any hearing in this Action, save and
except for a hearing which involves issues related to the enforcement of any provision of this
Order.
14.

14.

All papers, documents, and transcripts containing or

revealing the substance of Confidential Information filed with the Court shall be filed in sealed
envelopes marked “Confidential Under Protective Order.” The Clerk of the Court shall not
permit access to the contents of the envelope to anyone other than counsel for the parties, the
Magistrate Judge, the District Judge, and either Judge’s immediate staff, without prior written
order of this Court. By means of this Protective Order, all documents previously filed by the
parties under seal shall remain under seal and subject to the terms of this Protective Order.
15.

15.

If a non-party demands, by subpoena or other legal

process, that any party who has received Confidential Material produce such information,
counsel for such party shall (a) notify counsel for the producing party in writing at least 14 days
prior to the return date of the subpoena or other compulsory process, or, if the return date of the

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subpoena or other compulsory process is less than 14 days, notice shall be given to the producing
party in writing or by telephone as soon as practicable following receipt, and (b) assert this
Protective Order as a defense to such demand.
16.

IT IS SO ORDERED this 7 day of June , 2011.

__________________________________________
United States District Judge

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EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
COREY MCMILLAN, Individually and on
Behalf of a Class of Similarly Situated Persons
v.

PLAINTIFF

Case No. 4:11-cv-00332-JMM

LIVE NATION ENTERTAINMENT, INC. and
TICKETMASTER, L.L.C., d/b/a TICKETMASTER

DEFENDANTS

AGREEMENT
I have been asked to serve as a _____________________ in this Action on behalf of
_______________________, one of the parties in the above Action. I acknowledge that I have
received and read the Protective Order entered in this Action. I agree to be bound by the terms
of the Protective Order.
I hereby submit to the jurisdiction of this Court solely for the purpose of enforcement of
the Protective Order in this Action.

[NAME]
Dated this ____ day of ________, 2011.
By:________________________________

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