Live Nation Merchandise, Inc v. Miller et al

Filing 61

ORDER RE: PROTECTIVE ORDER DISPUTE 60 . Signed by Judge Nathanael Cousins on 5/12/14. (lmh, COURT STAFF) (Filed on 5/12/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 LIVE NATION MERCHANDISE, INC., Plaintiff, 12 13 14 15 Case No. 13-cv-03936 CW (NC) ORDER RE: PROTECTIVE ORDER DISPUTE v. Re: Dkt. No. 60 STANLEY G. MILLER, and others, Defendants. 16 17 This Court previously ordered the parties to meet and confer and file with the Court a 18 proposed protective order to add AEO protection, which is not provided for in the protective 19 order currently in place in this case. Dkt. No. 59. The parties filed a joint letter brief, 20 reporting that they have reached agreement on the form of a proposed protective order 21 except as to whether it should be modified to state that Epic Rights is also covered by the 22 protective order. Dkt. No. 60. Live Nation seeks this modification on the basis that Epic 23 Rights is an assignee of Live Nation’s claim asserted in this action and is thus the real party 24 in interest. While Artists object to this proposed modification of the protective order on the 25 grounds of delay and that Live Nation has not made a motion to join or substitute the real 26 party in interest, they do not dispute the fact of the assignment, or provide any reason why 27 Epic Rights should not have access to documents produced under the protective order. 28 Case No. 13-cv-03936 CW (NC) ORDER RE: PROTECTIVE ORDER DISPUTE 1 Ba ased on the joint discovery letter submitted b the partie and the r by es record in th case, his ersigned Ma agistrate Ju udge finds th it is app hat propriate to modify the protective order e 2 the unde de ghts. Accor rdingly, by May 14, 20 014, the par rties must fi a revised ile d 3 to includ Epic Rig ke disputed “as ssignee” lan nguage and 4 proposed amended protective order to tak out the d ts ity tective orde and must also send the er, t 5 identify Epic Right as an enti covered by the prot W t cand.uscour rts.gov. 6 proposed order via email in Word format to ncpo@c 7 An party ma object to this non-d ny ay o dispositive d discovery or rder within 14 days un n nder vil re 8 Federal Rule of Civ Procedur 72(a). 9 10 0 T RDERED. IT IS SO OR Date: May 12 2014 2, 11 1 ____ __________ __________ _____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 0 21 1 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 13-cv-0393 CW (NC) 36 ) ORDER RE: PROTE R ECTIVE OR RDER DISPUT TE 2

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