Rupa Marya v. Warner Chappell Music Inc

Filing 365

APPLICATION to file document Defendants' Application To File Unredacted Reply Brief Regarding Response To Class Counsel's Billing Records Under Seal under seal filed by Defendant Warner Chappell Music Inc. (Attachments: # 1 Proposed Order, # 2 Redacted Document Defendants [Redacted] Reply Brief Regarding Response To Class Counsels Billing Records, # 3 Declaration of Kelly 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.,
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Defendants.

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

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Courtroom:
Judge:

650
Hon. George H. King,

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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 Reply Regarding Response to Class Counsel’s
8 Billing Records (“Unredacted Reply”). I have personal knowledge of the facts set
9 forth in this declaration, and, if called as a witness, I could and would testify
10 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. No.
13 334. Class Counsel filed their billing records under seal on June 17, 2016, pursuant
14 to that order. Dkt. No. 336-37.
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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. No. 347.
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5.

Defendants’ Unredacted Reply quotes from and describe in detail Class

19 Counsel’s billing records, which were filed under seal pursuant to the Court’s Order.
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6.

In light of the Court’s June 10, 2016 Order requiring Class Counsel to

21 file their billing records under seal, to maintain the confidentiality of the same,
22 Defendants are hereby filing an Application to file their Unredacted Reply under
23 seal.
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7.

Class Counsel filed their Response to Defendants’ Statement Regarding

25 Class Counsel’s Billing Records (Dkt. No. 364) entirely in the public record. Class
26 Counsel’s publicly filed brief quotes from, paraphrases, and discusses in detail Class
27 Counsel’s billing records.
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DECL. OF KELLY M. KLAUS

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CASE NO. CV 13-04460-GHK (MRWx)

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8.

On July 19, 2016, I emailed Class Counsel to inquire whether they

2 consent to the filing of Defendants’ Unredacted Reply in the public record, given
3 that they filed their opposition in the public record. Lead Class Counsel, Mr. Rifkin,
4 responded by stating that Class Counsel filed its “opposition in the public record
5 because it contains no detailed confidential information in it.” Mr. Rifkin stated that
6 he believed Defendants’ opening brief did contain confidential information,
7 although he did not identify what was confidential in that filing. Mr. Rifkin also
8 stated that he could not consent to the filing of Defendants’ reply in the public
9 record without seeing it.
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I declare under penalty of perjury under the laws of the United States that the

11 foregoing is true and correct. Executed this 19th day of July 2016, at San Francisco,
12 California.
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/s/ Kelly M. Klaus
Kelly M. Klaus

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DECL. OF KELLY M. KLAUS

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CASE NO. CV 13-04460-GHK (MRWx)