Richard Postman v. Spin Master, Ltd. et al

Filing 100

PROTECTIVE ORDER Concerning Use of Nielson Company Ratings Materials by Magistrate Judge Charles F. Eick re Stipulation for Protective Order 99 . (sp)

Case I :14-cv-05516-GW-E

Document 99-1 Filed 08/17/15

Page 1 of 4 Page ID #:5337

1 KENDALL BRILL & KLIEGER LLP
Philip M. Kelly (212714)
pkelly(d)kb/cjirm. corn
2 D1,..AT(,r
11Isi1ai U lvi.. 131111011 (2401 ’5 J U)
[e-mail]
3
10100 Santa Monica Blvd., Suite 1725
4 Los Angeles, California 90067
Telephone: [phone]
5 Facsimile: 310.556.2705
(

6 Attorneys for Viacom Inc.,
and Viacom International Inc.
7
WILLENKEN WILSON LOH & DELGADO LLP
8 William A. Delgado (222666)
wdelgadowi1lenken. corn
9 Nicole A. Diaz (Bar No. 254839)
ndiaz@willenken. corn
10 707 Wilshire Blvd., Suite 3850
Los Angeles, California 90017
11 Telephone: [phone]
Facsimile: [phone]
12
Attorneys for Plaintiff Richard Postman
13
14

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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17 RICHARD POSTMAN, an individual,

Case No. 2:14-CV-05516 GW (Ex)

Plaintiff,

4VR4ffR""Bj STIPULATED
PROTECTIVE ORDER
CONCERNING USE OF
NIELSON COMPANY RATINGS
MATERIALS

18
19

20 SPIN MASTER, LTD., a Canadian
corporation, MATTHEW WEXLER, an
21 individual, VIACOM, INC., a Delaware
corporation, VIACOM
INTERNATIONAL INC., a Delaware
22
corporation,
23
Defendants.
24

Judge: Hon. George H. Wu
Trial Date:

February 16, 2016

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26
27
Kendall Brill
& Klieger LLP

28

10100 Santa MonicaOMit
Suite 1725
Lou Angeles, CA 9007

241968.3

Case No. 2:14.CV-05516 GHW (Ex)
STIPULATED PROTECTIVE ORDER CONCERNING USE OF NIELSON RATINGS MATERIALS

Case

:14-cv-05516-GW-E Document 994

Filed 08/17/15

Page 2 of 4

Page ID #:5338

GOOD CAUSE STATEMENT

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The Court may enter a protective order upon a showing of good cause.

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3 Phillips v. G.M Corp., 307 F.3d 1206, 1209 (9th Cir. 2002) (Rule 26(c)). Here,
4 there is good cause for the entry of this protective order. Plaintiff Richard Postman
5 ("Plaintiff’) has filed claims of copyright infringement against defendants Spin
6 Master Ltd. and Matthew Wexler (together "Spin Master Defendants"), and against
7 defendants Viacom Inc. and Viacom International, Inc. ("Viacom Defendants")
8 relating to the animated television program Paw Patrol. Plaintiff has requested that
9 the Viacom Defendants produce certain information and documents concerning Paw
10 Patrol’s televisions ratings, including ratings data that is created and furnished to
11 Viacom Defendants by the Nielsen Company, LLC ("Nielsen"). Nielsen, which is
12 not a party to this action, deems its ratings materials to be confidential, sensitive,
13 and proprietary business information, which it licenses to clients such as the Viacom
14 Defendants for valuable consideration. Viacom Defendants have commitments to
15 Nielsen to protect ratings materials and limit their public dissemination, and Viacom
16 Defendants likewise consider the materials to be proprietary information.
The use of Nielsen ratings materials should be limited within this litigation to

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18 prevent harm to Nielsen and the Viacom Defendants from unnecessary disclosures.
19 The purpose of this Stipulation and Protective Order is to provide a means for
20 limiting access to and use and disclosure of Nielsen ratings materials that are
21 produced in this action. Any unauthorized disclosure of confidential documents or
22 information in violation of this Order may be subject to discipline by the contempt
23 powers of this Court.
Based on the foregoing, the Parties stipulate and the Court ORDERS as

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25 follows:
1. All Nielsen ratings materials shall be marked as "CONFIDENTIAL"
26
27 pursuant to the Parties’ December 14, 2014 Stipulated Protective Order and shall be
Kendall Brill

28

10100 Santa Monka 8W.
Suite 1725
Los Anqekes, CA 90057

241968.3

Case No. 2:14-CV-05516 GHW (Ex)
STIPULATED PROTECTIVE ORDER CONCERNING USE OF NIELSON RATINGS MATERIALS

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Case ::14-cv-05516-GW-E Document 99-1 Filed 08/17/15 Page 3 of 4 Page ID #:5339

1 subject to the protections for CONFIDENTIAL information set forth in the
2 December 14, 2014 Stipulated Protective Order.
2. This Stipulation and Protective Order contemplates that certain

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4 information may be extracted from Nielsen ratings materials and/or that summaries
5 (including tables, charts, graphs, etc.) of information contained in such materials

6 may be prepared, and that such extracts or summaries may be offered as evidence at
7 trial. In addition, the Parties to the action recognize that certain witnesses may wish
8 to testify concerning information contained in Nielsen ratings materials. The
9 provisions of this Stipulation and Protective Order relating to Nielsen ratings
10 materials shall be equally applicable to such extracts, summaries, and testimonies
11 based on such documents.
3. The Parties agree and stipulate that the data contained in the Nielsen

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13 ratings materials is a reasonably accurate representation of television viewing in the
14 relevant geographic area, and that such data is admissible as evidence to show such
15 facts (provided that such facts are themselves relevant and material to any particular
16 issue on which they may be offered).
4. The Parties agree not to assert and do hereby waive any objections to

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18 admissibility of any Nielsen ratings materials on the grounds that they may
19 constitute hearsay, or that they contain opinions, or that they are not the best
20 evidence of information reported therein.
5. The Parties agree not to assert and do hereby waive any objections to the

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22 authenticity and genuineness of the Nielsen ratings materials.
6. The Parties agree that neither Nielsen nor any Nielsen officer, director,

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24 employee, agent, or other individual will be subpoenaed or otherwise required to
25 testify in any manner concerning any Nielsen ratings materials to be offered into
26 evidence, and further that the methodology utilized by Nielsen will not be an issue
27 that is contested in this lawsuit.
Kendall Brill

28

10100 Santa Monka 8W.
luitt 1725
toMgees,CA9OO67

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Case No. 2:14-CV-05516 GHW (Ex)
STIPULATED PROTECTIVE ORDER CONCERNING USE OF NIELSON RATINGS MATERIALS

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Case :14-cv-05516-GW-E Document 99-1 Filed 08/17/15

Page 4 of 4 Page ID #:5340

7. The Parties agree to provide Nielsen with copies of any Exhibits derived

1

2 from Nielsen ratings materials ten (10) days before the time such Exhibits are
3 presented to the Court or offered into evidence.
8. All notices concerning this Stipulation to Nielsen shall be mailed to

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5 Nielsen at the time that the notice to Nielsen is to be given as follows:

Eric Rubenstein
General Counsel - Global Media
The Nielsen Company
770 Broadway
New York, New York 10003

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7
8

9 The parties giving the notice shall also telephone the fact of the notice to the
10 General Counsel of The Nielsen Company - Media by calling

646-654-5042.

9. The terms of this Stipulation and Protective Order shall survive and remain

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12 in force and effect after the termination of this litigation and may not be altered or
13 modified except by written stipulation executed by all Parties hereto and approved
14 by Nielsen.
10. It is agreed between the parties that Nielsen shall not be considered a

15

16 party to this lawsuit, but the Parties hereto agree that Nielsen shall have the right to
17 enforce this Stipulation and Protective Order before this Court at any time during or
18 after this litigation.
19

IT IS SO ORDERED.

22 DATED:
23

217

52015
Charles Eick
United States Magistrate Judge

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27
Kendall Brill
&KliegerLLP

28

10100 Santa Monl(a 8W.
Suite 1725
toMgees,CA9OO67

241968.3

Case No. 2:14-CV-05516 GHW (Ex)
STIPULATED PROTECTIVE ORDER CONCERNING USE OF NIELSON RATINGS MATERIALS

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