Samick Musical Instruments Co., Ltd. v. QRS Music Technologies, Inc. et al
Filing
52
ORDER granting Plaintiff's ECF No. 50 Motion to Seal. Signed by Magistrate Judge George Foley, Jr on 9/21/2016. (Copies have been distributed pursuant to the NEF - KR)
Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
Matthew D. Francis
Nevada Bar No. 6978
Arthur A. Zorio
State Bar No. 6547
5371 Kietzke Lane
Reno, NV 89511
Telephone: (775) 324-4100
Facsimile: (775) 333-8171
Email: mfrancis@bhfs.com
Email: azorio@bhfs.com
CHOI CAPITAL LAW
Boyoon Choi (Pro Hac Vice)
Washington Bar No. 44939
520 Pike Tower, Suite 975
Seattle, WA 98101
Telephone: (206) 588-0463
Facsimile: (206) 971-1650
Email: b.choi@choicapitallaw.com
Attorneys for Plaintiff
Samick Musical Instruments Co., Ltd.
14
UNITED STATES DISTRICT COURT
15
DISTRICT OF NEVADA
16
17
PLAINTIFF’S MOTION FOR LEAVE TO
Plaintiff/ Counter-Defendant FILE THE FOLLOWING UNDER SEAL:
18
19
20
21
22
23
24
Case No. 2:15-cv-00333-MMD-GWF
SAMICK MUSICAL INSTRUMENTS CO.,
LTD., a Korean limited company,
vs.
QRS MUSIC TECHNOLOGIES, INC., a
Delaware corporation; THOMAS DOLAN, an
Individual,
1. PLAINTIFFS’ MOTION FOR LEAVE
TO AMEND COMPLAINT AND REOPEN
DISCOVERY AND EXHIBITS THERETO;
AND
2. AMENDED COMPLAINT AND
Defendants/ Counter-Plaintiff EXHIBITS THERETO UNDER SEAL
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF ;
[PROPOSED] ORDER
25
26
Plaintiff Samick Musical Instruments Co., Ltd. (“Plaintiff” or “Samick”) hereby moves
27
this Court for an order sealing Plaintiffs’ Motion For Leave To Amend Complaint And Reopen
28
-1-
Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 2 of 4
1
2
3
Discovery and the Exhibits thereto (“Motion”), and the Amended Complaint along with its
Exhibits. These documents are filed concurrently with this Motion.
In January 2010, Plaintiff Samick and QRS Music Technologies, Inc. (“Defendant QRS”)
4
entered into an Agreement. See September 15, 2016 declaration of Boyoon Choi, ¶ 2. This
5
Agreement forms the basis for the majority of the claims being presently asserted by Plaintiff
6
Samick against Defendant QRS. Id. The 2010 Agreement contains a strict confidentiality
7
provision prohibiting disclosure of the terms of the 2010 Agreement and its accompanying
8
Exhibits to any third party. Id., ¶ 3. The parties have also agreed to keep confidential and under
9
10
11
seal the deposition testimony regarding the parties’ financial information. Id.
Seeking to honor this Agreement and not breach the terms of the confidentiality
12
provision, Plaintiff seeks permission to file under seal the full version of the Amended
13
Complaint, the 2010 Agreement and its Attachments, as well as the Motion Id. ¶ 4. A redacted
14
version of the Amended Complaint with non-confidential Exhibits A and B has been filed
15
concurrently herewith. Id. As stated above, the Amended Complaint has been redacted because
16
many of the facts and causes of action refer directly to the terms of the 2010 Agreement. Id.
17
18
19
20
Likewise, Plaintiff seeks to have the Motion and its Exhibits filed under seal to honor the
Agreement, and protect the confidential financial information of the parties. Id., ¶ 5.
LR 10-5(b) provides in part “…papers filed with the Court under seal shall be
21
accompanied by a motion for leave to file those documents under seal, and shall be filed in
22
accordance with the Court’s electronic filing procedures.”
23
Previously, this Court granted Plaintiff’s motion to file the Original Complaint under
24
seal. Doc. # 12.
25
26
27
In good faith, seeking to honor and not breach the terms of the parties’ 2010 Agreement,
Plaintiff Samick requests that this Court grant its Motion to file Plaintiffs’ Motion For Leave To
28
-2-
Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 3 of 4
1
2
3
Amend Complaint And Reopen Discovery and Exhibits thereto, as well as the Amended
Complaint along with Exhibits under seal.
Dated: September 19, 2016
4
By: /s/ Matthew D. Francis
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
Matthew D. Francis
Arthur A. Zorio
5371 Kietzke Lane
Reno, NV 89511
5
6
7
8
By: /s/ Boyoon Choi
CHOI CAPITAL LAW PLLC
Boyoon Choi
520 Pike Tower, Suite 975
Seattle, WA 98101
9
10
11
Attorneys for Plaintiff
Samick Musical Instruments Co., Ltd.
12
13
14
IT IS ORDERED:
15
16
________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
17
18
September 21, 2016
DATED: ________________________
19
20
21
22
23
24
25
26
27
28
-3-
Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 4 of 4
1
CERTIFICATE OF SERVICE
2
Pursuant to FRCP 5(b), I certify that I am an employee of Brownstein Hyatt Farber
Schreck, LLP, and on this 19th day of September, 2016, I served the document entitled
PLAINTIFF’S MOTION FOR LEAVE TO FILE THE FOLLOWING UNDER SEAL: 1.
PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT AND REOPEN
DISCOVERY AND EXHIBITS THERETO; AND 2. AMENDED COMPLAINT AND
EXHIBITS THERETO UNDER SEAL, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF; [PROPOSED] ORDER, on the parties listed
below via the following:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
DICKINSON WRIGHT PLLC
Eric D. Hone
Gabriel A. Blumberg
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113
ehone@dickinsonwright.com
gblumberg@dickinsonwright.com
Attorneys for Defendants
CLYDE SNOW & SESSIONS
Jonathan Dale Bletzacker
Walter A. Romney, Jr.
201 South Main Street, Suite 1300
Salt Lake City, Utah 84111
jdb@clydesnow.com
war@clydesnow.com
Attorneys for Defendants
Jacob L. Fonnesbeck
Smith Corrrell, LLP
50 W. Broadway #1010
Salt Lake City, UT 84101
jfonnesbeck@smithcorrell.com
Attorney for Defendants
VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for
delivery to the foregoing.
VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on
whom it is served at the facsimile machine telephone number as last given by that person on any
document which he/she has filed in the cause and served on the party making the service. The
copy of the document served by the facsimile transmission bears a notation of the date and place
of transmission and the facsimile telephone number to which it was transmitted.
BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand
delivered by such designated individual whose particular duties include delivery of such on
behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her
representative accepting on his/her behalf.
23
24
25
VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties.
VIA ELECTRONIC SERVICE: by serving via electronic mail.
26
/s/ Nancy R. Lindsley
Employee of Brownstein Hyatt
Farber Schreck, LLP
27
28
055963\0001\15057429.2
-4-
Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 1 of 3
DECLARATION OF BOYOON CHOI
1
2
I, Boyoon Choi, do hereby declare and state as follows:
3
1. I am an attorney at the law firm of Choi Capital Law PLLC located at 520 Pike Street
4
Suite 975, Seattle, Washington 98101. This declaration is based upon my personal
5
knowledge, and is made in support of Plaintiff Samick Musical Instruments Co., Ltd.
6
(“Plaintiff” or “Samick”) Motion to File the Following Under Seal: 1. Plaintiffs’
7
Motion For Leave To Amend Complaint And Reopen Discovery And Exhibits
8
Thereto; and 2. Amended Complaint And Exhibits Thereto Under Seal.
2. In January 2010, Plaintiff Samick and QRS Music Technologies, Inc. (“Defendant
9
10
QRS”) entered into an Agreement. This Agreement forms the basis for the majority
11
of the claims being presently asserted by Plaintiff Samick against Defendant QRS.
12
3. The 2010 Agreement contains a strict confidentiality provision prohibiting disclosure
13
of the terms of the 2010 Agreement and its accompanying Exhibits to any third party.
14
Additionally, the parties have agreed to keep confidential and under seal the
15
deposition testimony regarding the parties’ financial information.
4. Seeking to honor the Agreement among the parties, and not breach the terms of the
16
17
confidentiality provisions, Plaintiff seeks permission to file the Amended Complaint,
18
the 2010 Agreement and its Attachments under seal. A redacted version of the
19
Complaint with non-confidential Exhibits A and B were filed to initiate this lawsuit.
20
As stated above, the Amended Complaint has been redacted because many of the
21
facts and causes of action refer directly to the terms of the 2010 Agreement. A
22
redacted version of the Amended Complaint accompanies this motion.
5. Also, the accompanying Plaintiffs’ Motion For Leave To Amend Complaint And
23
24
/////
25
/////
26
/////
27
////
28
////
1
Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 2 of 3
1
Reopen Discovery and exhibits thereto need to be sealed because the same discuss the terms of
2
the Agreement as well as confidential financial information regarding the parties.
3
I declare under penalty of perjury pursuant to the laws of the State of Nevada that the
4
foregoing is true and correct to the best of my knowledge.
5
Dated: September 15, 2016 at Seattle Washington.
By: /s/ Boyoon Choi
BOYOON CHOI
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 3 of 3
CERTIFICATE OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Pursuant to FRCP 5(b), I certify that I am an employee of Brownstein Hyatt Farber
Schreck, LLP, and on this 19th day of September, 2016, I served the document entitled
DECLARATION OF BOYOON CHOI IN SUPPORT OF MOTION TO FILE UNDER
SEAL, on the parties listed below via the following:
CLYDE SNOW & SESSIONS
Jonathan Dale Bletzacker
Walter A. Romney, Jr.
201 South Main Street, Suite 1300
Salt Lake City, Utah 84111
jdb@clydesnow.com
war@clydesnow.com
Attorneys for Defendants
DICKINSON WRIGHT PLLC
Eric D. Hone
Gabriel A. Blumberg
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113
ehone@dickinsonwright.com
gblumberg@dickinsonwright.com
Attorneys for Defendants
Jacob L. Fonnesbeck
Smith Corrrell, LLP
50 W. Broadway #1010
Salt Lake City, UT 84101
jfonnesbeck@smithcorrell.com
Attorney for Defendants
VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for
delivery to the foregoing.
VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on
whom it is served at the facsimile machine telephone number as last given by that person on any
document which he/she has filed in the cause and served on the party making the service. The
copy of the document served by the facsimile transmission bears a notation of the date and place
of transmission and the facsimile telephone number to which it was transmitted.
BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand
delivered by such designated individual whose particular duties include delivery of such on
behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her
representative accepting on his/her behalf.
22
23
24
VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties.
VIA ELECTRONIC SERVICE: by serving via electronic mail.
25
/s/ Nancy R. Lindsley
Employee of Brownstein Hyatt
Farber Schreck,
26
27
055963\0001\15057615.2
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?