Nielsen Audio, Inc. v. Clem et al

Filing 128

ORDER granting in part 123 Motion for an Order Determining that Plaintiff's Discovery Production "N008" is Not Entitled to be Treated as "Confidential-Attorney's Eyes Only." See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 7/18/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NIELSEN AUDIO, INC.,
Plaintiff,
v.

Case No.: 8:15-cv-2435-T-27AAS

BUBBA CLEM a/k/a BUBBA THE
LOVE SPONGE and BUBBA RADIO
NETWORK, INC.,
Defendants.
______________________________________/
ORDER
This matter comes before the Court on Defendants’ Emergency Motion for an Order
Determining that Plaintiff’s Discovery Production “N008” is Not Entitled to be Treated as
“Confidential-Attorney’s Eyes Only” (Doc. 123), and responses in opposition thereto (Docs. 125,
126). On July 18, 2017, the parties appeared before the undersigned for oral argument on
Defendants’ Emergency Motion.
For the reasons stated on the record at the hearing, it is ORDERED that:
(1)

Defendants’ Emergency Motion for an Order Determining that Plaintiff’s

Discovery Production “N008” is Not Entitled to be Treated as “Confidential-Attorney’s Eyes
Only” (Doc. 123) is GRANTED to the extent that discovery production N008 shall not be
designated as “Confidential-Attorney’s Eyes Only” pursuant to Section 4 of the Agreed Protective
Order Regarding Confidential Information (Doc. 41-1, pp. 4-5). However, discovery production
N008 shall be designated “Confidential” under Sections 2 and 3 of the Agreed Protective Order,
and is entitled to all protections provided therein. (Id., pp. 2-4).
(2)

Each party shall bear their own attorneys’ fees and costs incurred in relation to this
1

Motion (Doc. 123). See Fed. R. Civ. P. 37(a)(5).
DONE AND ORDERED in Tampa, Florida on this 18th day of July, 2017.

2