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]
2 KELLY M. KLAUS (State Bar No. 161091)
[e-mail]
3 ADAM I. KAPLAN (State Bar No. 268182)
[e-mail]
4 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
5 Thirty-Fifth Floor
Los Angeles, California 90071-1560
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

12 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.,
16 et al.,
Defendants.

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Lead Case No. CV 13-04460-GHK
(MRWx)
DECLARATION OF KELLY M.
KLAUS IN SUPPORT OF
DEFENDANTS’ APPLICATION TO
FILE UNDER SEAL THEIR
UNREDACTED RESPONSE TO
CLASS COUNSEL’S BILLING
RECORDS AND EXHIBITS 1-5
THERETO

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Courtroom:
Judge:

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650
Hon. George H. King,

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31349963.1

DECL. OF KELLY M. KLAUS
CASE NO. CV 13-04460-GHK (MRWx)

1 I, KELLY M. KLAUS, hereby declare:
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1.

I am a member of the firm Munger, Tolles & Olson LLP, counsel for

3 Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. (jointly,
4 “Defendants”). I am admitted to practice law in the State of California and before
5 this Court.
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2.

I submit this declaration in support of Defendants’ Application to File

7 Under Seal Defendants’ Unredacted Response to Class Counsel’s Billing Records
8 (“Unredacted Response”) and Exhibits 1-5 thereto. I have personal knowledge of
9 the facts set forth in this declaration, and, if called as a witness, I could and would
10 testify competently to the matters set forth herein.
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3.

On June 10, 2016, the Court ordered Class Counsel to file under seal

12 their billing records under seal, in connection with their motion for fees. Dkt. 334.
13 Class Counsel filed their billing records under seal on June 17, 2016, pursuant to
14 that order. Dkt. 337
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4.

On June 27, 2016, the Court issued an Order setting forth the briefing

16 schedule for Defendants’ response to Class Counsel’ billing records. That Order is
17 at Dkt. 347.
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5.

Defendants’ Unredacted Response to Class Counsel’s Billing Records

19 and Exhibits 1-5 thereto quote from and describe in detail Class Counsel’s billing
20 records, which were filed under seal pursuant to the Court’s Order.
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6.

In order to maintain the confidentiality of Class Counsel’s billing

22 records, Defendants are hereby filing an Application to file their Unredacted
23 Response and Exhibits 1-5 thereto under seal. I believe there is good cause for this
24 under seal filing in light of the Court’s June 10, 2016 Order requiring Class Counsel
25 to file their billing records under seal, to maintain the confidentiality of the same.
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31349963.1

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DECL. OF KELLY M. KLAUS
CASE NO. CV 13-04460-GHK (MRWx)

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7.

Defendants are simultaneously filing a Proposed Redacted Version of

2 their Response to Class Counsel’s Billing Records.
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I declare under penalty of perjury under the laws of the United States that the

4 foregoing is true and correct. Executed this 5th day of July 2016, at San Francisco,
5 California.
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/s/ Kelly M. Klaus
Kelly M. Klaus

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31349963.1

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DECL. OF KELLY M. KLAUS
CASE NO. CV 13-04460-GHK (MRWx)