Rupa Marya v. Warner Chappell Music Inc

Filing 97

STIPULATION for Protective Order filed by plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Proposed Order)(Manifold, Betsy)

1

FRANCIS M. GREGOREK
2 [e-mail]
3 BETSY C. MANIFOLD
[e-mail]
4 RACHELE R. RICKERT
5 [e-mail]
MARISA C. LIVESAY
6
[e-mail]
7 WOLF HALDENSTEIN ADLER
8 FREEMAN & HERZ LLP
750 B Street, Suite 2770
9 San Diego, CA 92101
10 Telephone: [phone]
Facsimile: 619/234-4599
11
12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA -

14

WESTERN DIVISION

15
16 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
17
Plaintiffs,
18
v.
19
WARNER/CHAPPELL MUSIC,
20 INC., et al.,
21
Defendants.
22
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24
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28

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Lead Case No. CV 13-04460-GHK (MRWx)
[PROPOSED] STIPULATED
PROTECTIVE ORDER FOR
DISCOVERY

1

Plaintiffs Good Morning To You Productions Corp., , Robert Siegel, Rupa

2 Marya, and Majar Productions, LLC (collectively herein the “Plaintiffs”) and
3 Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. (collectively
4 herein the “Defendants”) (Plaintiffs and Defendants may be referred to collectively
5 as the “Parties”) have met and conferred pursuant to Rule 26 of the Federal Rules of
6 Civil Procedure (“Rule”), L.R. 26-1, and the Court’s Scheduling Order (Dkt. 80
7 [Dec. 13, 2013]), and have agreed to the following terms which the Parties propose
8 shall govern the course and conduct of discovery in the above-captioned action.
9

The Parties, through their respective undersigned counsel, hereby agree to the

10 following:
GOOD CAUSE STATEMENT
11 1.
12

WHEREAS, the Parties to this action having requested that the Court issue a

13 discovery confidentiality order pursuant to Rule 26(c) to protect the confidentiality
14 of nonpublic and confidential information that may be the subject of discovery and
15 disclosure in this case, and the Court having found that good cause exists for
16 issuance of an appropriately-tailored confidentiality order, IT IS HEREBY
17 AGREED AND STIPULATED:
DEFINITIONS
18 2.
19

2.1

Challenging Party:

a Party or Non-Party that challenges the

20 designation of information or items under this Order.
2.2 “CONFIDENTIAL” Information or Items: information (regardless of
21
22 how it is generated, stored or maintained) or tangible things that qualify for
23 protection under Rule 26(c) of the Federal Rules of Civil Procedure (“Rule”).
24

2.3

Counsel (without qualifier): Outside Counsel of Record and House

25 Counsel (as well as their support staff).
2.4 Designated House Counsel:
26

House Counsel who seek access to

27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this
28 matter.
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1

2.5

Designating Party: a Party or Non-Party that designates information or

2

items that it produces in disclosures or in responses to discovery as

3

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

4

ONLY.”

5

2.6

Disclosure or Discovery Material: all items or information, regardless

6

of the medium or manner in which it is generated, stored, or maintained (including,

7

among other things, testimony, transcripts, and tangible things), that are produced or

8

generated in disclosures or responses to discovery in this matter.

9

2.7

Expert: a person with specialized knowledge or experience in a matter

10

pertinent to the litigation who has been retained by a Party or its counsel to serve as

11

an expert witness or as a consultant in this action.

12

2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

13

Information or Items: extremely sensitive “Confidential Information or Items,”

14

disclosure of which to another Party or Non-Party would create a substantial risk of

15

serious harm that could not be avoided by less restrictive means.

16

2.9

House Counsel: attorneys who are employees of a party to this action.

17

House Counsel does not include Outside Counsel of Record or any other outside

18

counsel.

19
20

2.10 Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

21

2.11 Outside Counsel of Record: attorneys who are not employees of a

22

party to this action but are retained to represent or advise a party to this action and

23

have appeared in this action on behalf of that party or are affiliated with a law firm

24

which has appeared on behalf of that party.

25

2.12 Party: any party to this action, including all of its officers, directors,

26

employees, consultants, retained experts, and Outside Counsel of Record (and their

27

support staffs).

28

2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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1

Discovery Material in this action.
2.14 Professional Vendors:

2

persons or entities that provide litigation

3

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

4

demonstrations, and organizing, storing, or retrieving data in any form or medium)

5

and their employees and subcontractors.

6

2.15 Protected Material:

any Disclosure or Discovery Material that is

7

designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

8

ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party:

9
10

Material from a Producing Party.

11

3.

a Party that receives Disclosure or Discovery

SCOPE

12

The protections conferred by this Stipulation and Order cover not only

13

Protected Material (as defined above), but also (a) any information copied or

14

extracted from Protected Material; (b) all copies, excerpts, summaries, or

15

compilations of Protected Material; and (c) any testimony, conversations, or

16

presentations by Parties or their Counsel that might reveal Protected Material.

17

However, the protections conferred by this Stipulation and Order do not cover the

18

following information: (i) any information that is in the public domain at the time of

19

disclosure to a Receiving Party or becomes part of the public domain after its

20

disclosure to a Receiving Party as a result of publication not involving a violation of

21

this Order, including becoming part of the public record through trial or otherwise;

22

and (ii) any information known to the Receiving Party prior to the disclosure or

23

obtained by the Receiving Party after the disclosure from a source who obtained the

24

information lawfully and under no obligation of confidentiality to the Designating

25

Party. Any use of Protected Material at trial shall be governed by a separate

26

agreement or order.

27

4.

DURATION

28

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1

Even after final disposition of this litigation, the confidentiality obligations

2

imposed by this Order shall remain in effect until a Designating Party agrees

3

otherwise in writing or a court order otherwise directs. Final disposition shall be

4

deemed to be the later of (1) dismissal of all claims and defenses in this action, with

5

or without prejudice; and (2) final judgment herein after the completion and

6

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

7

including the time limits for filing any motions or applications for extension of time

8

pursuant to applicable law.

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

11

Each Party or Non-Party that designates information or items for protection under

12

this Order must take care to limit any such designation to specific material that

13

qualifies under the appropriate standards. To the extent it is practical to do so, the

14

Designating Party must designate for protection only those parts of material,

15

documents, items, or oral or written communications that qualify – so that other

16

portions of the material, documents, items, or communications for which protection

17

is not warranted are not swept unjustifiably within the ambit of this Order.

18

Mass, indiscriminate, or routinized designations are prohibited. Designations

19

that are shown to be clearly unjustified or that have been made for an improper

20

purpose (e.g., to unnecessarily encumber or retard the case development process or

21

to impose unnecessary expenses and burdens on other Parties) expose the

22

Designating Party to sanctions.

23

If it comes to a Designating Party’s attention that information or items that it

24

designated for protection do not qualify for protection at all or do not qualify for the

25

level of protection initially asserted, that Designating Party must promptly notify all

26

other Parties that it is withdrawing the mistaken designation.

27
28

5.2

Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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1

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

2

under this Order must be clearly so designated before the material is disclosed or

3

produced.

4

Designation in conformity with this Order requires:

5

(a)

6

documents, but excluding transcripts of depositions or other pretrial or trial

7

proceedings), that the Producing Party affix the legend “CONFIDENTIAL”

8

or ““HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each

9

page that contains protected material. If only a portion or portions of the

10

material on a page qualifies for protection, the Producing Party also must

11

clearly identify the protected portion(s) (e.g., by making appropriate

12

markings in the margins) and must specify, for each portion, the level of

13

protection being asserted.

14

A Party or Non-Party that makes original documents or materials available

15

for inspection need not designate them for protection until after the inspecting Party

16

has indicated which material it would like copied and produced. During the

17

inspection and before the designation, all of the material made available for

18

inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19

ONLY.” After the inspecting Party has identified the documents it wants copied and

20

produced, the Producing Party must determine which documents, or portions

21

thereof, qualify for protection under this Order. Then, before producing the

22

specified documents, the Producing Party must affix the

23

(“CONFIDENTIAL” or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

24

ONLY”) to each page that contains Protected Material. If only a portion or portions

25

of the material on a page qualifies for protection, then, to the extent practical to do

26

so, the Producing Party also must clearly identify the protected portion(s) (e.g., by

27

making appropriate markings in the margins) and must specify, for each portion, the

28

level of protection being asserted.

for information in documentary form (e.g., paper or electronic

-5-

appropriate legend

1

1.

(b)

for testimony given in deposition or in other pretrial or trial

2

proceedings, that the Designating Party identify on the record, before the

3

close of the deposition, hearing, or other proceeding, all protected

4

testimony and specify the level of protection being asserted.

5

impractical to identify separately each portion of testimony that is entitled

6

to protection and it appears that substantial portions of the testimony may

7

qualify for protection, the Designating Party may invoke on the record

8

(before the deposition, hearing, or other proceeding is concluded) a right to

9

have up to ten days to identify the specific portions of the testimony as to

10

which protection is sought and to specify the level of protection being

11

asserted. Only those portions of the testimony that are appropriately

12

designated for protection within the ten days shall be covered by the

13

provisions of this Stipulated Protective Order. Alternatively, a Designating

14

Party may specify, at the deposition or up to ten days afterwards if that

15

period is properly invoked, that the entire transcript shall be treated as

16

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

17

EYES ONLY.”

When it is

18

Transcripts containing Protected Material shall have an obvious

19

legend on the title page that the transcript contains Protected Material, and

20

the title page shall he followed by a list of all pages (including line numbers

21

as appropriate) that have been designated as Protected Material and the

22

level of protection being asserted by the Designating Party. The

23

Designating Party shall inform the court reporter of these requirements.

24

Any transcript that is prepared before the expiration of a ten day period for

25

designation shall be treated during that period as if it had been designated

26

“CONFIDENTIAL” in its entirety unless otherwise agreed. After the

27

expiration of that period, the transcript shall be treated only as actually

28

designated.

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(c) for information produced in some form other than documentary and for

2

any other tangible items, that the Producing Party affix in a prominent place

3

on the exterior of the container or containers in which the information or

4

item

5

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or

6

portions of the information or item warrant protection, the Producing Party,

7

to the extent practicable, shall identify the protected portion(s) and specify

8

the level of protection being asserted.

9

5.3

is

stored

the

legend

“CONFIDENTIAL”

or

“HIGHLY

Inadvertent Failures to Designate. If timely corrected, an inadvertent

10

failure to designate qualified information or items does not, standing alone, waive

11

the Designating Party’s right to secure protection under this Order for such material.

12

Upon timely correction of a designation, the Receiving Party must make reasonable

13

efforts to assure that the material is treated in accordance with the provisions of this

14

Order.

15

6.

16

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

17

designation of confidentiality at any time. Unless a prompt challenge to a

18

Designating Party’s confidentiality designation is necessary to avoid foreseeable,

19

substantial unfairness, unnecessary economic burdens, or a significant disruption or

20

delay of the litigation, a Party does not waive its right to challenge a confidentiality

21

designation by electing not to mount a challenge promptly after the original

22

designation is disclosed.

23

6.2

Meet and Confer.

Prior to filing any motion challenging the

24

designation of confidentiality, the parties shall comply with L.R. 37-1.

25

Challenging Party’s letter requesting a pre-filing conference of counsel under L.R.

26

37-1 shall identify the designation it is challenging and the basis for each challenge.

27
28

6.3

The

Judicial Intervention. If court intervention is necessary after the pre-

filing conference of counsel under L.R. 37-1, counsel shall formulate a written

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1

stipulation pursuant to L.R. 37-2.

The Challenging Party may challenge a

2

confidentiality designation pursuant to L.R. 37 at any time if there is good cause for

3

doing so, including a challenge to the designation of a deposition transcript or any

4

portions thereof.

5

The burden of persuasion in any such challenge proceeding shall be on the

6

Designating Party. Frivolous challenges, and those made for an improper purpose

7

(e.g., to harass or impose unnecessary expenses and burdens on other Parties) may

8

expose the Challenging Party to sanctions. All Parties shall continue to afford the

9

material in question the level of protection to which it is entitled under the

10

Producing Party’s designation until the court rules on the joint stipulation

11

challenging the designation.

12

7.

13

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

14

disclosed or produced by another Party or by a Non-Party in connection with this

15

case only for prosecuting, defending, or attempting to settle this litigation. Such

16

Protected Material may be disclosed only to the categories of persons and under the

17

conditions described in this Order. When the litigation has been terminated, a

18

Receiving Party and Professional Vendor of a Receiving Party must comply with

19

the provisions of Section 13 below (FINAL DISPOSITION).

20

Protected Material must be stored and maintained by a Receiving Party at a

21

location and in a secure manner that ensures that access is limited to the persons

22

authorized under this Order.

23

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

24

otherwise ordered by the court or permitted in writing by the Designating Party, a

25

Receiving

26

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

27

(a) the Receiving Party’s Outside Counsel of Record in this action, as well

28

as employees of said Outside Counsel of Record to whom it is reasonably

-8-

1

necessary to disclose the information for this litigation and who have

2

signed the “Acknowledgment and Agreement to Be Bound” that is attached

3

hereto as Exhibit A;

4

(b) the officers, directors, and employees (including House Counsel) of the

5

Receiving Party to whom disclosure is reasonably necessary for this

6

litigation and each of whom have signed the “Acknowledgment and

7

Agreement to Be Bound” (Exhibit A);

8

(c) Experts (as defined in this Order) of the Receiving Party to whom

9

disclosure is reasonably necessary for this litigation and each of whom have

10

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

11

(d) the court and its personnel;

12

(e) court reporters and their staff, professional jury or trial consultants,

13

mock jurors and Professional Vendors to whom disclosure is reasonably

14

necessary for this litigation and who have signed the “Acknowledgment

15

and Agreement to Be Bound” (Exhibit A);

16

(f) during their depositions, witnesses in the action to whom disclosure is

17

reasonably necessary and who have signed the “Acknowledgment and

18

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

19

Designating Party or ordered by the court. Pages of transcribed deposition

20

testimony or exhibits to depositions that reveal Protected Material must be

21

separately bound by the court reporter and may not be disclosed to anyone

22

except as permitted under this Stipulated Protective Order.

23

(g) A person who the Receiving Party believes objectively and subjectively

24

in good faith is either the author or recipient of a document containing the

25

information or a custodian or other person who otherwise possessed or

26

knew the information.

27

7.3

28

ONLY” Information or Items. Unless otherwise ordered by the court or

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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1

permitted in writing by the Designating Party, a Receiving Party may

2

disclose any information or item designated “HIGHLY CONFIDENTIAL –

3

ATTORNEYS’ EYES ONLY” only to:

4

(a)

5

well as employees of said Outside Counsel of Record to whom it is

6

reasonably necessary to disclose the information for this litigation and who

7

have signed the “Acknowledgment and Agreement to Be Bound” that is

8

attached hereto as Exhibit A;

9

(b) Designated House Counsel of the Receiving Party and employees of

10

said Designated House Counsel (1) to whom disclosure is reasonably

11

necessary for this litigation, (2) who are not and believe in good faith they

12

are not reasonably likely to become (a) licensees of the Producing Party, (b)

13

engaged in licensing discussions or negotiations with the Producing Party,

14

or (c) competitors of or involved in competitive decision-making with

15

respect to the Producing Party, and (3) who have signed the

16

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

17

(c)

18

necessary for this litigation, (2) who are not and believe in good faith they

19

are not reasonably likely to become (a) licensees of the Producing Party, (b)

20

engaged in licensing discussions or negotiations with the Producing Party,

21

or (c) competitors of or involved in competitive decision-making with

22

respect to the Producing Party, and (3) who have signed the

23

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

24

(d)

the court and its personnel;

25

(e)

court reporters and their staff, professional jury or trial consultants,

26

mock jurors and Professional Vendors to whom disclosure is reasonably

27

necessary for this litigation and who have signed the “Acknowledgment

28

and Agreement to Be Bound” (Exhibit A); and

the Receiving Party’s Outside Counsel of Record in this action, as

Experts of the Receiving Party (1) to whom disclosure is reasonably

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1

(f)

2

subjectively in good faith is either the author or recipient of a document

3

containing the information or a custodian or other person who otherwise

4

possessed or knew the information.

5

8.

A person who the Receiving Party believes objectively and

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

6
7

If a Party is served with a subpoena or a court order issued in other litigation

8

that compels disclosure of any information or items designated in this action as

9

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

10

ONLY,” that Party must:

11

(a) promptly notify in writing the Designating Party. Such notification

12

shall include a copy of the subpoena or court order;

13

(b) promptly notify in writing the party who caused the subpoena or order

14

to issue in the other litigation that some or all of the material covered by the

15

subpoena or order is subject to this Protective Order. Such notification shall

16

include a copy of this Stipulated Protective Order; and

17

(c)

18

pursued by the Designating Party whose Protected Material may be

19

affected.1

20

If the Designating Party timely seeks a protective order, the Party served with

21

the subpoena or court order shall not produce any information designated in this

22

action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

23

EYES ONLY” before a determination by the court from which the subpoena or

24

order issued, unless the Party has obtained the Designating Party’s permission. The

25

Designating Party shall bear the burden and expense of seeking protection in that

26
27
28

cooperate with respect to all reasonable procedures sought to be

1

The purpose of imposing these duties is to alert the interested parties to the existence of this
Protective Order and to afford the Designating Party in this case an opportunity to try to protect its
confidentiality interests in the court from which the subpoena or order issued.

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1

court of its confidential material – and nothing in these provisions should be

2

construed as authorizing or encouraging a Receiving Party in this action to disobey

3

a lawful directive from another court.

4

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

5

PRODUCED IN THIS LITIGATION

6

(a)

7

Non-Party in this action and designated as “CONFIDENTIAL” or

8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

9

information produced by Non-Parties in connection with this litigation is

10

protected by the remedies and relief provided by this Order. Nothing in

11

these provisions should be construed as prohibiting a Non-Party from

12

seeking additional protections.

13

(b)

14

produce a Non-Party’s confidential information in its possession, and the

15

Party is subject to an agreement with the Non-Party not to produce the

16

Non-Party’s confidential information, then the Party shall:

The terms of this Order are applicable to information produced by a
Such

In the event that a Party is required, by a valid discovery request, to

17

(i) promptly notify in writing the Requesting Party and the

18

Non-Party that some or all of the information requested is

19

subject to a confidentiality agreement with a Non-Party;

20

(ii)

21

Stipulated Protective Order in this litigation, the relevant

22

discovery request(s), and a reasonably specific description of

23

the information requested; and

24

(iii) make the information requested available for inspection

25

by the Non-Party.

promptly provide the Non-Party with a copy of the

26

(c)

27

court within 14 days of receiving the notice and accompanying information,

28

the Receiving Party may produce the Non-Party’s confidential information

If the Non-Party fails to object or seek a protective order from this

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1

responsive to the discovery request. If the Non-Party timely seeks a

2

protective order, the Receiving Party shall not produce any information in

3

its possession or control that is subject to the confidentiality agreement with

4

the Non-Party before a determination by the court.2 Absent a court order to

5

the contrary, the Non-Party shall bear the burden and expense of seeking

6

protection in this court of its Protected Material.

7

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

8

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

9

Protected Material to any person or in any circumstance not authorized under this

10

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

11

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

12

to retrieve all unauthorized copies of the Protected Material, (c) inform the person

13

or persons to whom unauthorized disclosures were made of all the terms of this

14

Order, and (d) request such person or persons to execute the “Acknowledgment and

15

Agreement to Be Bound” that is attached hereto as Exhibit A.

16

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

17

PROTECTED MATERIAL

18

When a Producing Party gives notice to Receiving Parties that certain

19

inadvertently produced material is subject to a claim of privilege or other protection,

20

the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B). This

21

provision is not intended to modify whatever procedure may be established in an e-

22

discovery order that provides for production without prior privilege review.

23

Pursuant to Federal Rules of Evidence 502(d) and (e), insofar as the Parties reach an

24

agreement on the effect of disclosure of a communication or information covered by

25
26
27
28

2

The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in
this court.

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1

the attorney-client privilege or work product protection, the Parties may incorporate

2

their agreement in the stipulated protective order submitted to the court.

3

12.

4
5

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the court in the future.

6

12.2 Right to Assert Other Objections. By stipulating to the entry of this

7

Protective Order no Party waives any right it otherwise would have to object to

8

disclosing or producing any information or item on any ground not addressed in this

9

Stipulated Protective Order. Similarly, no Party waives any right to object on any

10

ground to use in evidence of any of the material covered by this Protective Order.

11

12.3 Filing Protected Material. Without written permission from the

12

Designating Party or a court order secured after appropriate notice to all interested

13

persons, a Party may not file in the public record in this action any Protected

14

Material. A Party that seeks to file under seal any Protected Material must comply

15

with all applicable local rules. Protected Material may only be filed under seal

16

pursuant to a court order authorizing the sealing of the specific Protected Material at

17

issue. A sealing order will issue only upon a request establishing that the Protected

18

Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

19

protection under the law. If a Receiving Party' request to file Protected Material
s

20

under seal is denied by the Court, then the Receiving Party may file the Protected

21

Material in the public record unless otherwise instructed by the court.

22

13.

FINAL DISPOSITION

23

Within 60 days after the final disposition of this action, as defined in Section

24

4 (DURATION), each Receiving Party must return all Protected Material to the

25

Producing Party or destroy such material. As used in this subdivision, “all Protected

26

Material” includes all copies, abstracts, compilations, summaries, and any other

27

format reproducing or capturing any of the Protected Material. Whether the

28

Protected Material is returned or destroyed, the Receiving Party must submit a

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1

written certification to the Producing Party (and, if not the same person or entity, to

2

the Designating Party) by the 60 day deadline that:

3

(a) identifies (by category, where appropriate) all the Protected Material

4

that was returned or destroyed; and

5

(b) affirms that the Receiving Party has not retained any copies, abstracts,

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compilations, summaries or any other format reproducing or capturing any

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of the Protected Material. Notwithstanding this provision, Counsel are

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entitled to retain an archival copy of all pleadings, motion papers, trial,

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deposition, and hearing transcripts, legal memoranda, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and

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consultant and expert work product, even if such materials contain

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Protected Material. Any such archival copies that contain or constitute

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Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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IT IS SO STIPULATED.
Dated: April 30, 2014

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By:

/s/Besty C. Manifold
BETSY C. MANIFOLD
FRANCIS M. GREGOREK
[e-mail]
BETSY C. MANIFOLD
[e-mail]
RACHELE R. RICKERT
[e-mail]
MARISA C. LIVESAY
[e-mail]
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]

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Facsimile: 619/234-4599

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
[e-mail]
JANINE POLLACK (pro hac vice)
[e-mail]
BETH A. LANDES (pro hac vice)
[e-mail]
GITI BAGHBAN (284037)
[e-mail]
270 Madison Avenue
New York, NY 10016
Telephone: [phone]
Facsimile: 212-545-4753
Interim Lead Counsel for Plaintiffs
RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
[e-mail]
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]
HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.
OMEL A. NIEVES
[e-mail]
KATHLYN ELIZABETH SMITH
[e-mail]
301 North Lake Avenue, 7th Floor
Pasadena, CA 91101
Telephone [phone]
Facsimile 626/796-0107
Facsimile: 212/797-3172

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

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_________________ [print or type full address], declare under penalty of perjury

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that I have read in its entirety and understand the Stipulated Protective Order that

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was issued by the United States District Court for the Central District of California

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on [insert date] in the case of Marya Rupa v. Warner/Chappell Music, Inc., et al.,

8

Case No. CV 13-04460-GHK (MRWx). I agree to comply with and to be bound by

9

all the terms of this Stipulated Protective Order and I understand and acknowledge

10

that failure to so comply could expose me to sanctions and punishment in the nature

11

of contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person

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or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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I hereby appoint __________________________ [print or type full name] of

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this Stipulated Protective

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Order.

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I declare under penalty of perjury the foregoing is true and correct.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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WARNER/CHAPPELL:20662v3.po

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