Atlantic Recording Corporation et al v. Project Playlist, Inc

Filing 42

ORDER: Plaintiffs' in-house counsel may have access to materials designated "Highly Confidential," but only if (i) they are not involved in competitive decision-making, and (ii) they are involved in decision-making in this litigation. Cf. Infosint S.A. v. H. Lundbeck A.S., No. 06 Civ. 2869 (RLE), 2007 U.S. Dist. LEXIS 36678, at **10-17 (S.D.N.Y. May 16, 2007) (denying plaintiff's attorneys access to "highly confidential II materials on ground that they were involved in "competitive decision-making" vis-a-vis defendant). The Recording Industry Association of America is not a party to this litigation, and therefore shall not, absent Playlist's express consent, have access to any materials Playlist desi gnates Confidential or Highly Confidential. Both parties may show "Confidential" materials to their respective officers, directors, and employees deemed necessary by counsel for the furtherance of the litigation, subject to the confidentiality provisions of the Protective Order. The parties shall submit a Protective Order consistent with this Order within five days. (Signed by Judge Denny Chin on 7/24/2009) (jpo)