Phase One Network, Inc. v. Ye et al

Filing 76

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. Motions terminated: 41 LETTER MOTION for Leave to File Proposed Protective Order addressed to Magistrate Judge Katharine H. Parker from Sarah M. Matz dated February 24, 2023 filed by Phase One Network, Inc. (Signed by Magistrate Judge Katharine H. Parker on 5/18/2023) (vfr)

DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X----------------------------------------------------------------X
PHASE ONE NETWORK, INC.,

Case No.: 1:22-cv-09511

Plaintiff,
-againstYE f/k/a KANYE WEST d/b/a "YEEZY TECH," ALEX
KLEIN, KANO COMPUTING LIMITED,
STEMPLAYER LTD, GETTING OUT OUR DREAMS
II, LLC, G.O.O.D. MUSIC, DEF JAM RECORDINGS,
and UMG RECORDINGS, INC.,
Defendants.
X----------------------------------------------------------------X

STIPULATION AND
PROPOSED PROTECTIVE
ORDER

5/18/2023

WHEREAS, the Parties, Phase One Network, Inc. (“Plaintiff”) and Def Jam Recordings, a
division of UMG Recordings, Inc. (“UMG”) (collectively referred to as the “parties”), having
agreed to the following terms of confidentiality, and the Court having found that good cause exists
for the issuance of an appropriately tailored confidentiality order pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure, it is hereby
ORDERED that the following restrictions and procedures shall apply to the information
and documents exchanged by the parties in connection with the pre-trial phase of this action:
1. Counsel for any party or third-party may designate any document or information, in
whole or in part, as confidential if counsel determines, in good faith, that such
designation is necessary to protect the interests of the client in information that is
proprietary, a trade secret or otherwise sensitive non-public information. Information
and documents designated by a party or third-party as confidential will be stamped
"CONFIDENTIAL."

DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

2. The Confidential Information disclosed will be held and used by the person receiving
such information solely for use in connection with the action.
3. In the event a party challenges another party's or third-party’s designation of
confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the
absence of a resolution, the challenging party may seek resolution by the Court.
Nothing in this Protective Order constitutes an admission by any party or third-party
that Confidential Information disclosed in this case is relevant or admissible. Each party
reserves the right to object to the use or admissibility of the Confidential Information.
4. The parties should meet and confer if any production requires a designation of "For
Attorneys' or Experts' Eyes Only." All

other documents designated as

"CONFIDENTIAL" shall not be disclosed to any person, except:
a. The requesting party and counsel, including in-house counsel;
b. Employees of such counsel assigned to and necessary to assist in the litigation;
c. Consultants or experts assisting in the prosecution or defense of the matter, to
the extent deemed necessary by counsel; and
d. The Court (including the mediator, or other person having access to any
Confidential Information by virtue of his or her position with the Court).
5. Prior to disclosing or displaying the Confidential Information to any person, counsel
must:
a. Inform the person of the confidential nature of the information or documents;
b. Inform the person that this Court has enjoined the use of the information or
documents by him/her for any purpose other than this litigation and has

DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

enjoined the disclosure of the information or documents to any other person;
and
c. Require each such person to sign an agreement to be bound by this Order in the
form attached hereto.
6. The disclosure of a document or information without designating it as "confidential"
shall not constitute a waiver of the right to designate such document or information as
Confidential Information. If so designated, the document or information shall
thenceforth be treated as Confidential Information subject to all the terms of this
Stipulation and Order.
7. Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial
account numbers, passwords, and information that may be used for identity theft)
exchanged in discovery shall be maintained by the receiving party in a manner that is
secure and confidential and shared only with authorized individuals in a secure manner.
The producing party or third-party may specify the minimal level of protection
expected in the storage and transfer of its information. In the event the party who
received PII experiences a data breach, it shall immediately notify the producing party
of same and cooperate with the producing party to address and remedy the breach.
Nothing herein shall preclude the producing party from asserting legal claims or
constitute a waiver of legal rights and defenses in the event of litigation arising out of
the receiving party’s failure to appropriately protect PII from unauthorized disclosure.
8. Pursuant to Federal Rule of Evidence 502, the production of privileged or workproduct protected documents or communications, electronically stored information

DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

(“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver
of the privilege or protection from discovery in this case or in any other federal or state
proceeding. This Order shall be interpreted to provide the maximum protection allowed
by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall
serve to limit a party’s right to conduct a review of documents, ESI or information
(including metadata) for relevance, responsiveness and/or segregation of privileged
and/or protected information before production.
9. Notwithstanding the designation of information as “confidential” in discovery, there is
no presumption that such information shall be filed with the Court under seal. The
parties shall follow the Court’s procedures with respect to filing under seal.
10. At the conclusion of litigation, Confidential Information and any copies thereof shall
be promptly (and in no event later than 30 days after entry of final judgment no longer
subject to further appeal) returned to the producing party or certified as destroyed,
except that the parties' counsel shall be permitted to retain their working files on the
condition that those files will remain protected.
11. Nothing herein shall preclude the parties from disclosing material designated to be
Confidential Information if otherwise required by law or pursuant to a valid subpoena.
SO STIPULATED AND AGREED.

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DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

ADELMAN MATZ P.C.

DEF JAM RECORDINGS, A DIVISION
OF UMG RECORDINGS, INC.

By:
Gary Adelman, Esq.
Sarah Matz, Esq.
1173A Second Avenue
Suite 153
New York, New York 10065
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

By:_ ____________________
Carla Miller, Esq.
Universal Music Group
250 West 57th Street, 8th Floor
New York, New York 10107
[phone]
[e-mail]
Attorney for UMG.

SO ORDERED.

DATED:

April 4
_______________,
2023
New York, New York
5/18/2023
______________________________________
KATHERINE H. PARKER, U.S.M.J.

DocuSign Envelope ID: 7F984207-957F-49CC-856C-35CE617893D2

Agreement

I have been informed by counsel that certain documents or information to be disclosed to
me in connection with the matter entitled have been designated as confidential. I have been
informed that any such documents or information labeled "CONFIDENTIAL" are confidential by
Order of the Court.
I hereby agree that I will not disclose any information contained in such documents to any
other person. I further agree not to use any such information for any purpose other than this
litigation.

DATED:

__________________________________
Signed in the presence of:

__________________________________
(Attorney)