The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 203

STIPULATION AND ORDER: Plaintiff Robert Tur ("Tur") agrees sign the consent forms attached to the December 16, 2009 letter from David H. Kramer to Noah Gitterman, consenting to the disclosure of email and phone records pursuant to subpoenas that will be served by YouTube, Inc. in the action titled The Football Association Premier League Limited et al v. YouTube, Inc. et al., Case No. 1:07-cv-03582 (LLS) (SDNY) (the "Subpoenas"). All other information produced to Defendants in response to the Subpoenas not addressed in paragraph 2 above shall be designated Highly Confidential under the Protective Order and shall be provided to Fagan and Proskauer within two days of Defendants' receipt of the information. All of the Protective Order's procedures governing such material will apply. Defendants agree that any information produced to Defendants in response to the Subpoenas (including but not limited to the Subpoenaed Information in paragraph 2 above) shall only be used for purposes of this litigation or the leak investigation, and for no other purpose. The Subpoenas shall provide that any and all email communications produced in response to the Subpoenas ("Subpoenaed Information"), shall not be provided to the defendants YouTube, Inc., YouTube LLC and Google, Inc. ("Defendants") but shall be provided directly to FTI Consulting, Inc. ("FTI"), subject to the terms as further set forth in this Order. FTI shall maintain the Subpoenaed Information in strict confidence, and shall not disclose any part of the Subpoenaed Information to anyone, unless either (a) the disclosure is agreed to in writing pursuant to this Stipulation or as part of this Stipulation; or (b) the undersigned counsel of record and Fagan approve in writing such disclosure; or (c) the Court orders that Defendants may access and analyze the Subpoenaed Information. The provision of the Subpoenaed Information to FTI or to Defendants provided for above shall not to any extent waive or prejudice any privilege, immunity, confidentiality, privacy, or other protection claimed to be due by or to the Subpoenaed Information or by or to Tur or any other person or entity. (This document was previously sealed in envelope #155 and unsealed on 3/26/2010 by document #199) (Signed by Judge Louis L. Stanton on 2/1/2010) (tro) Modified on 4/8/2010 (tro).