Rupa Marya v. Warner Chappell Music Inc

Filing 353

APPLICATION to file document Defendants' Response to Class Counsel's Billing Records and Exhibits 1-5 under seal filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Proposed Order, # 2 Redacted Document Defendants' [Redacted] Response to Class Counsel's Billing Records, # 3 Declaration of Kelly M. Klaus in support of Application)(Klaus, Kelly)

1 GLENN D. POMERANTZ (State Bar No. 112503)
[e-mail]
KELLY M. KLAUS (State Bar No. 161091)
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[e-mail]
ADAM I. KAPLAN (State Bar No. 268182)
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[e-mail]
4 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
5 Thirty-Fifth Floor
Los Angeles, California 90071-1560
Telephone: [phone]
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Facsimile: [phone]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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11 GOOD MORNING TO YOU
PRODUCTIONS CORP.; et al.,
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Plaintiffs,
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v.
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WARNER/CHAPPELL MUSIC, INC.,
15 et al.,
Defendants.

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Lead Case No. CV 13-04460-GHK
(MRWx)
DEFENDANTS’ APPLICATION TO
FILE UNDER SEAL THEIR
UNREDACTED RESPONSE TO
CLASS COUNSEL’S BILLING
RECORDS AND EXHIBITS
THERETO
Courtroom:
Judge:

650
Hon. George H. King,

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DEFS.’ APPLICATION TO FILE UNDER SEAL
31349642.1

CASE NO. CV 13-04460-GHK

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TO THE COURT AND ALL PARTIES AND THEIR RESPECTIVE

2 COUNSEL OF RECORD:
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Pursuant to Central District of California Civil Local Rule 79-5.1; the Court’s

4 Order of June 10, 2016 (Dkt. No. 334), which required Class Counsel to file under
5 seal their billing records in this matter; and the Court’s Order of June 27, 2016
6 Order (Dkt. 347), which set forth the briefing schedule for Defendants’ response to
7 Class Counsel’s billing records, Defendants Warner/Chappell Music, Inc. and
8 Summy-Birchard, Inc. (jointly, “Defendants”) hereby apply for an Order permitting
9 the following to be filed under seal: Defendants’ Unredacted Response to Class
10 Counsel’s Billing Records (“Unredacted Response”) and Exhibits 1-5 thereto. 1
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This application is based on the Sealed Klaus Declaration in Support of

12 Application to File Under Seal, the Court’s June 10, 2016 Order requiring Class
13 Counsel to file under seal their billing records, and any other information that the
14 Court deems appropriate.
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Defendants’ Unredacted Response and Exhibits 1-5 thereto quote from Class

16 Counsel’s billing records, which Class Counsel filed under seal pursuant to the
17 Court’s June 10, 2016 Order. In order to maintain the confidentiality of Class
18 Counsel’s billing records, Defendants’ Unredacted Response and Exhibits 1-5
19 thereto need to be filed under seal as well. Cf. Phillips ex rel. Estates of Byrd v.
20 Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002) (“When a court grants a
21 protective order for information produced during discovery, it already has
22 determined that ‘good cause’ exists to protect this information from being disclosed
23 to the public by balancing the needs for discovery against the need for
24 confidentiality.”).
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Defendants therefore submit the Unredacted Response and Exhibits 1-5 under

26 seal and respectfully request that the Court grant this Application.
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1

Defendants will publicly file a redacted version of their Response to Class
Counsel’s billing records.
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DEFS.’ APPLICATION TO FILE UNDER SEAL
31349642.1

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CASE NO. CV 13-04460-GHK

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2 DATED: July 5, 2016

MUNGER, TOLLES & OLSON LLP

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By:

/s/ Kelly M. Klaus
KELLY M. KLAUS
Attorneys for Defendants

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DEFS.’ APPLICATION TO FILE UNDER SEAL
31349642.1

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CASE NO. CV 13-04460-GHK