Ticketmaster L.L.C. v. Prestige Entertainment Inc. et al

Filing 46

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Magistrate Judge Jacqueline Chooljian. 45 (sbou)

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ROBERT H. PLATT (Bar No. CA 108533)
[e-mail]
MARK S. LEE (Bar No. CA 094103)
[e-mail]
DONALD R. BROWN (Bar No. CA 156548)
[e-mail]
ALEXANDRA N. Hill (Bar No. 313249)
[e-mail]
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
TICKETMASTER L.L.C.
THOMAS H. VIDAL
(State Bar No. 204432)
[e-mail]
BENJAMIN S. AKLEY
(State Bar No. 278506)
[e-mail]
PRYOR CASHMAN LLP
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302
Phone: [phone]
Fax: [phone]

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DONALD S. ZAKARIN
(Pro Hac Vice Application forthcoming)
[e-mail]
ILENE S. FARKAS
(Pro Hac Vice Application forthcoming)
[e-mail]
BENJAMIN K. SEMEL
(Admitted Pro Hac Vice)
[e-mail]
PRYOR CASHMAN LLP
7 Times Square
New York, New York 10036
Phone: [phone]
Fax: [phone]

Attorneys for Defendants
Prestige Entertainment West, Inc., Renaissance Ventures LLC,
Nicholas Lombardi, and Steven K. Lichtman
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
TICKETMASTER L.L.C., a Virginia
limited liability company,
Plaintiff,
vs.

DISCOVERY MATTER

PRESTIGE ENTERTAINMENT
WEST, INC., a California corporation,
RENAISSANCE VENTURES LLC, a
Connecticut limited liability company,
NICHOLAS LOMBARDI, STEVEN K.
LICHTMAN, and DOES 1 through 10,
inclusive,
Defendants.

STIPULATED PROTECTIVE
ORDER REGARDING
CONFIDENTIAL INFORMATION

Case No. 17-cv-07232-ODW (JCx)
Hon. Otis D. Wright II

Compl. Filed: Oct. 2, 2017

STIPULATED PROTECTIVE ORDER

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Plaintiff Ticketmaster L.L.C. (“Ticketmaster”) and defendants Prestige

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Entertainment West, Inc., Renaissance Ventures L.L.C., Nicholas Lombardi, and

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Steven K. Lichtman (“Defendants”) (collectively, the “Parties” and each

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individually, a “Party”), by and through their respective counsel of record, hereby

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agree and stipulate to the terms and conditions of this Stipulated Protective Order

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(“Protective Order”) to facilitate the exchange and discovery of information,

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documents, and other materials that may be confidential or subject to limitations on

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disclosure under federal laws, state laws, or privacy rights in the above-captioned

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action (the “Action”).

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1.

Scope of Protective Order. All information, testimony, documents,

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or materials filed with the Court, or produced or supplied during discovery in this

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Action, whether by a Party or nonparty, shall be governed by this Protective Order,

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including, without limitation, all transcripts, exhibits, and answers to discovery

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requests; all documents or information otherwise obtained from a Party or nonparty

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during discovery in connection with this Action; and all other documents and

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materials. Notwithstanding anything to the contrary herein, this Protective Order

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does not govern the use of Confidential Information or Highly Confidential

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Information (both as defined below) presented or proffered during court hearings

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or the trial in this Action.

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2.

“Confidential Information” Defined.

“Confidential Information”

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means trade secret information as defined under 18 U.S.C. § 1839(3) or Cal. Civ.

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Code § 3426.1, or other sensitive, confidential, proprietary, private, nonpublic, or

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commercial information, documents, or other materials designated as Confidential

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Information by the Party or nonparty producing such items (the “Designating

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Party”) as provided herein.

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3.

“Highly Confidential Information” Defined. “Highly Confidential

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Information” means Confidential Information that would be inherently harmful to

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the Designating Party’s business if viewed by or produced to any of the Parties in
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STIPULATED PROTECTIVE ORDER

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this Action.

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Party’s proprietary financial information or reports, to the extent any such

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information or reports is not a basis for any claim for damages in this Action.

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Designations of “Highly Confidential” shall constitute a representation that such

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material has been reviewed by the Designating Party’s counsel and that there is a

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valid basis for such designation because the material is highly confidential, the

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disclosure of which is likely to be commercially damaging to the Designating Party.

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4.

“Highly Confidential Information” may include the Designating

Designation of Confidential or Highly Confidential Information.

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Confidential or Highly Confidential Information shall be designated as such by the

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Designating Party before he, she, or it serves, discloses, delivers, or makes available

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for inspection and copying any documents or materials containing Confidential or

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Highly Confidential Information, as follows.

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(a)

Documents

other

than

Native

Files.

By

affixing

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on each page of the

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document containing Confidential or Highly Confidential Information.

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(b)

Deposition Testimony.

By designating the portion of a

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deposition transcript containing Confidential or Highly Confidential Information as

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“Confidential” or “Highly Confidential,” affixing “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL” on each page containing Confidential or Highly

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Confidential Information, and marking the audiovisual (videotape) recording as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (if applicable).

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(c)

Native Files. By inserting “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL” into the file name.
(d)

DVDs

and

Other

Tangible

Items.

By

affixing

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” in a prominent place on the

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exterior of the container(s) in which the Confidential or Highly Confidential

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Information is stored.

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STIPULATED PROTECTIVE ORDER

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(e)

Multiple Designations.

If a document has more than one

designation, the more restrictive or higher confidential designation applies.
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Inadvertent Failure to Designate as Confidential or Highly

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Confidential. A Party or nonparty who inadvertently fails to mark an item as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (or equivalent thereof) at the

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time of production shall not be deemed to have waived, in whole or in part, any

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claim of confidentiality, either as to the specific information, documents, or

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materials disclosed or as to any other information, documents, or materials

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regarding the same or related subject matter.

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(a)

Correction by Producing Party.

Any such undesignated

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information, documents, or materials shall be designated as Confidential or Highly

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Confidential as soon as reasonably possible after the producing Party or nonparty

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becomes aware of the failure to have designated, by making the correction and

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providing notice thereof in writing, accompanied by substitute copies of each item

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appropriately marked. Within five days of receipt of the substitute copies, all

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receiving Parties shall return or destroy the previously unmarked (or incorrectly

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marked) items and all copies thereof.

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(b)

Correction by Other Parties. Any other Party or nonparty bound

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by this Protective Order may, under the same restrictions set forth in Paragraph 5(a)

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above, designate as Confidential or Highly Confidential any documents or materials

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that such Party or nonparty believes to warrant a Confidential or Highly

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Confidential designation. The terms of Paragraph 5(a) apply to a non-producing

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party’s corrections.

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6.

Challenge to Confidential or Highly Confidential Designation.
(a)

Challenge to Designation.

Any Non-Designating Party may

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challenge a Confidential or Highly Confidential designation at any time consistent

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with the District Judge’s Scheduling Order. A failure of any Party to challenge

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expressly a designation of Confidential or Highly Confidential shall not constitute a
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STIPULATED PROTECTIVE ORDER

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waiver of the right to assert at any subsequent time that the material designated

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does not constitute Confidential or Highly Confidential information or is not an

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appropriate designation for any reason.

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(b)

Procedures for Challenge. Any Party that disagrees with the

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designation of any information as Confidential or Highly Confidential (the

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“Challenging Party”) may notify the Designating Party in writing (and any non-

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Party Designating Party). Any challenge shall follow the procedures for seeking

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judicial intervention for discovery disputes, as set forth in Local Rule 37-1 et seq.

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After the initial notice of the challenge, the Parties shall meet and confer in a good

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faith effort to resolve the issue. If judicial intervention is still necessary, any

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challenge shall be submitted to the Court via a joint stipulation pursuant to Local

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Rule 37-2.

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26(c)(1)(G) shall be upon the Designating Party. The designated documents shall

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be treated as Confidential or Highly Confidential (as originally designated) under

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this Order until the Court rules on the challenge. If the Designating Party fails to

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move the Court in accordance with this Paragraph, or if the Court finds the

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designation of Confidential or Highly Confidential to have been inappropriate, the

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challenged designation shall be considered rescinded. The Parties thereafter shall

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not be required to treat the information as Confidential or Highly Confidential

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under this Order. Frivolous challenges, and those made for an improper purpose

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

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may expose the Challenging Party to sanctions.

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7.

The burden of proving that the designation is proper under Rule

Other Limitations on the Scope of this Order. Nothing in this Order

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shall be construed to affect the admissibility of any document, material or

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information at any trial or hearing. Any request for confidentiality, closure, or

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sealing of any hearing or trial must be made to the judge then presiding.

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8.

Access to Confidential Information. All Confidential Information

produced or disclosed by a Designating Party shall be provided only to:
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STIPULATED PROTECTIVE ORDER

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(a)

managers, employees, and in-house counsel and staff;

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a Party, including, in the case of an entity, its directors, officers,

(b)

a Party’s outside counsel, including counsel’s paralegals,

clerical staff, experts, and consultants;

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(c)

a Party’s insurers, auditors, accountants, and regulators;

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(d)

any other person or entity to whom/which a Party is statutorily

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obligated to provide such Confidential Information;

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(e)

any experts, consultants, mediators, arbitrators, vendors,

stenographers, court reporters, and deposition videographers retained by a Party in
connection with this litigation;

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(f)

the Court and all necessary Court personnel;

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(g)

deposition and trial witnesses in this Action; provided, however,

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that such witnesses may not retain any such Confidential Information following

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their appearance for deposition or trial testimony; and

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(h)

such other persons or entities as hereafter may be designated by

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written stipulation of all the Parties, by further order of the Court on the motion of

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any Party, or by subpoena for which no timely protective order is obtained pursuant

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to Paragraph 16 below.

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9.

Access to Highly Confidential Information. Highly Confidential

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Information may only be disclosed to persons identified in Subparagraphs 8(b)-(f)

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and 8(h), above, and to persons identified in Subparagraph 8(g) above to the extent

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the witness currently has or would be expected to have knowledge of the contents

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of the document, and to no one else.

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10.

Experts and Consultants. All experts and consultants shall comply

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with the following instructions before being provided with any Confidential or

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Highly Confidential Information:

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(a)

Read this Protective Order in its entirety; and

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STIPULATED PROTECTIVE ORDER

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(b)

Sign a copy of the Declaration and Acknowledgment attached

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hereto as Exhibit A (the “Acknowledgment”), signifying their agreement to the

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provisions of this Protective Order and to the Court’s jurisdiction over any

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proceedings concerning this Protective Order or any of its terms. Failure to sign a

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copy of the Acknowledgement shall not constitute a failure to comply with the

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terms of the Protective Order if such failure resulted from inadvertence or mistake.

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11.

Use of Confidential or Highly Confidential Information.

All

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Confidential or Highly Confidential Information shall be used only in connection

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with this Action or efforts to settle this Action, as well as any related insurance

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claims, audits, regulatory disclosures or accounting work, unless otherwise

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ordered by the Court. No Confidential or Highly Confidential Information shall

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be used in connection with any other lawsuit or dispute, or for any business or

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personal use whatsoever, without the prior written approval of the Designating

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Party, unless otherwise ordered by the Court. In the event that any Confidential

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or Highly Confidential Information is used in any pretrial proceeding in this Action

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(including but not limited to conferences, oral arguments, or hearings), the

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Confidential or Highly Confidential Information shall not lose its status as

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Confidential or Highly Confidential Information as a result of such use.

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12.

Submission of Confidential or Highly Confidential Information to

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the Court. All documents of any nature, including, without limitation, pleadings,

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motions, affidavits, briefs, declarations, and exhibits, that are filed with the Court

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for any purpose and that contain or constitute Confidential or Highly Confidential

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Information shall be requested to be filed under seal in accordance with the Local

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Rules of the Central District of California and the Court’s rules, as applicable.

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13.

Improper Disclosure of Confidential or Highly Confidential

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Information. If any Confidential or Highly Confidential Information is disclosed

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to any person or entity other than in a manner authorized by this Protective Order,

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the Party responsible for or having knowledge of such disclosure shall, upon
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STIPULATED PROTECTIVE ORDER

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discovery of the disclosure, immediately (a) inform the Designating Party of all

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facts pertinent to the disclosure that, after due diligence and prompt investigation,

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are known to the Party responsible for or having knowledge of the disclosure

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(including, without limitation, the name, address, and employer of the person or

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entity to whom the disclosure was made); (b) make all reasonable efforts to prevent

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further disclosure by each unauthorized person or entity who received such

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information; and (c) inform the person or entity to whom unauthorized disclosure of

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Confidential or Highly Confidential Information was made of the terms of this

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Protective Order and attempt to have that person or entity sign the

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Acknowledgement.
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Remedies. To enforce rights granted by this Protective Order or in the

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event of a dispute arising thereunder, the Parties—and, if applicable any

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Designating Party that is not a party in this Action—shall first seek to resolve the

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issue through prompt and reasonable discussion. In the dispute cannot be resolved,

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the Designating Party shall raise the issue with the Court, who shall have

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jurisdiction to fashion any necessary remedies to the extent permitted by law.

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15.

Jurisdiction.

The Parties agree that during the pendency of this

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Action, the Court has the jurisdiction to enforce this Protective Order and any

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orders issued pursuant thereto. Each person examining or receiving Confidential or

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Highly Confidential Information disclosed in this Action, including any digests,

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summaries, or abstracts thereof, hereby agrees to be subject to the jurisdiction of the

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Court or proceedings concerning this Protective Order.

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16.

Subpoenas and Other Disclosures Required by Law. If any Party

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or person subject to this Protective Order who has custody of any Confidential or

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Highly Confidential Information receives a subpoena or other process (“Subpoena”)

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from any government or other person or entity demanding production of

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Confidential or Highly Confidential Information, the recipient of the Subpoena

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shall promptly give notice of the same by electronic mail transmission to all
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STIPULATED PROTECTIVE ORDER

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counsel of record in this Action—and, if applicable, to any Designating Party that is

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not a party in this Action—within seven calendar days of receiving the Subpoena,

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and shall furnish such counsel with a copy of the Subpoena, unless otherwise

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required by the law or court order. Upon receipt of that notice, the Designating

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Party may, in its sole discretion and at its own cost, move to quash or limit the

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Subpoena, otherwise oppose production of the Confidential or Highly Confidential

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Information, or seek to obtain confidential treatment of such Confidential or Highly

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Confidential Information from the subpoenaing person or entity to the fullest extent

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available under law.

The recipient of the Subpoena may not produce any

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information, documents, or other materials containing Confidential or Highly

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Confidential Information in response to a Subpoena before the date specified for

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production in the Subpoena.

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17.

Party May Knowingly Waive Applicability of This Stipulation and

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Protective Order. This Stipulation and Protective Order is entered into without

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prejudice to the right of any Designating Party to knowingly waive the applicability

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of this Protective Order to any Confidential or Highly Confidential Information

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designated by the Designating Party. If the Designating Party uses Confidential or

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Highly Confidential Information in a non-Confidential manner, then the

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Designating Party shall advise all other Parties that the designation no longer

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applies. A failure of the Designating Party to comply with its obligation to advise

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all other Parties that the designation no longer applies shall not be a condition

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precedent to the de-designation of the applicable information.

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18.

Binding Effect After Conclusion of This Action. This Stipulation

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and Protective Order shall continue to be binding after the conclusion of this Action

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and all subsequent proceedings arising from or relating to this Action, except that a

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Party may seek a court order or the written permission of the Designating Party for

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relief from the provisions of this Protective Order.

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STIPULATED PROTECTIVE ORDER

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19.

Return or Destruction of Confidential or Highly Confidential

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Information upon Termination of the Action. Upon written request made after

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the final determination of the Action and expiration of any and all rights of appeal,

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settlement or other termination of the Action, the Parties shall have 60 days to

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either (a) promptly return to counsel for each Designating Party all Confidential or

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Highly Confidential Information and all copies thereof (except that counsel for each

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Party may maintain in its files, in continuing compliance with the terms of this

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Protective Order, all work product, any pleading filed with the Court, and copies of

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any deposition transcript together with the exhibits marked at the deposition); (b)

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agree with counsel for the Designating Party upon appropriate methods and

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certification of destruction or other disposition of such Confidential or Highly

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Confidential Information; or (c) as to any documents, testimony, or other evidence

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not addressed by sub-paragraphs (a) and (b), request a conference with the Court

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regarding proper preservation of such materials.

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20.

Submission to Court for Approval.

After this Stipulation and

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Protective Order has been signed by counsel for all Parties, it shall be presented to

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the Court for approval and entry. Counsel agree to be bound by the terms set forth

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herein with regard to any Confidential or Highly Confidential Information that has

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been produced before the Court signs this Stipulation and Protective Order.

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21.

Agreement to be Bound.

The Parties and all signatories to the

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Certification attached hereto agree to be bound by this Stipulation and Protective

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Order pending its approval and entry by the Court. In the event that the Court

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modifies this Stipulation and Protective Order, or in the event that the Court enters

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a different Protective Order, the Parties agree to be bound by this Stipulation and

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Protective Order until such time as the Court may enter such different Order. It is

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the Parties’ intent to be bound by the terms of this Stipulation and Protective Order

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pending its entry so as to allow for immediate production of Confidential or Highly

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Confidential Information under the terms herein.
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STIPULATED PROTECTIVE ORDER

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22.

No Waiver of Privilege. This Protective Order does not require the

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production of any privileged documents. By agreeing to abide by this Protective

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Order, the Parties do not waive any privilege that they may be able to assert as the

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basis for refusing to produce Confidential or Highly Confidential Information. In

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the event that a Party inadvertently produces privileged documents and

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subsequently notifies the all receiving Parties that the privileged documents should

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not have been produced, the receiving Parties shall immediately return the originals

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and all copies of the inadvertently produced privileged documents. The Parties

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agree that the procedures set forth in Federal Rules of Evidence 502(e) shall apply

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in such circumstances.

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Dated: April 20, 2018

MANATT, PHELPS & PHILLIPS, LLP

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By: /s/ Robert H. Platt
Robert H. Platt
Attorneys for Plaintiff
TICKETMASTER L.L.C.

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Dated: April 20, 2018

PRYOR CASHMAN LLP

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By: /s/ Thomas H. Vidal
Thomas H. Vidal
Attorney for Defendants
PRESTIGE ENTERTAINMENT WEST
INC., RENAISSANCE VENTURES
LLC, NICHOLAS LOMBARDI,
STEVEN K. LICHTMAN

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LOCAL RULE 5-4.3.4(a)(2)(i) CERTIFICATION

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The filer of this document attests that all other signatories listed above on

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whose behalf this filing is submitted concur in the filing’s content and have

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authorized the filing.
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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ___________________, of __________________________________

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declare under penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States District Court for

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the Central District of California on April 25, 2018 in the case of Ticketmaster

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L.L.C. v. Prestige West Entertainment, Inc. et al., Case No. 17-cv-07232-ODW

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(JCx). I agree to comply with and to be bound by all the terms of this Stipulated

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Protective Order and any subsequent modifications thereto.

I understand and

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acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I solemnly promise that I will not disclose in

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any manner any information or item that is subject to this Stipulated Protective

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Order, including any documents, or copies of documents, designated “Confidential”

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or “Highly Confidential,” to any person or entity except in strict compliance with

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the provisions of this Order. I shall not copy or use such documents except for the

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purposes of this action and pursuant to the terms of the Stipulated Protective Order.

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Upon written request I shall, within 30 days, return to the attorney from

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whom I have received them any documents in my possession designated

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“Confidential” or “Highly Confidential,” and all copies, excerpts, summaries, notes,

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digests, abstracts, and indices of or relating to such documents.

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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 items of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint _____________________________ of

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___________________________as my California agent for service of process in

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/ / /

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/ / /

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STIPULATED PROTECTIVE ORDER

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connection with this action or any proceedings related to enforcement of this Joint

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Stipulated Protective Order.

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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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STIPULATED PROTECTIVE ORDER

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ORDER
The Court has received and reviewed the foregoing Stipulated Protective
Order Regarding Confidential Information.

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NOW THEREFORE, for good cause shown, the Court hereby ORDERS that

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the parties and their respective counsel in this action shall be governed by the terms

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and conditions of this Stipulated Protective Order, as modified by the Court. See

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Modifications – in bold-faced print -- made by the Court to Paragraphs 1, 6(a), 11

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and 16.

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IT IS SO ORDERED.

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Dated: April 25, 2018

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____________/s/_____________________
Honorable Jacqueline Chooljian
United States Magistrate Judge

320154119.2

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STIPULATED PROTECTIVE ORDER