Olivia Van Iderstine v. Live Nation Entertainment, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 Olivia Van Iderstine and Mitch Case No. 2:20-cv-03888-GW-GJS

13 Oberstein, on behalf of themselves and all

those similarly situated,

[PROPOSED] STIPULATED

14 PROTECTIVE ORDER1

Plaintiffs,

15 [DISCOVERY MATTER:

v. REFERRED TO MAGISTRATE

16 JUDGE GAIL J. STANDISH]

Live Nation Entertainment, Inc., and

17 Ticketmaster LLC,

18 Defendants.

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1. A. PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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28 1 This Stipulated Protective Order is substantially based on the model protective

order provided under Magistrate Judge Gail J. Standish’s Procedures.

1 enter the following Stipulated Protective Order. The parties acknowledge that this

2 Order does not confer blanket protections on all disclosures or responses to

3 discovery and that the protection it affords from public disclosure and use extends

4 only to the limited information or items that are entitled to confidential treatment

5 under the applicable legal principles.

6 B. GOOD CAUSE STATEMENT

7 This action is likely to involve the production and exchange of confidential,

8 sensitive information that could cause business, competitive, and personal harm if

9 disclosed publicly or, without restrictions, between the parties. This action is also

10 likely to involve trade secrets, operating plans, market analyses, nonpublic contracts,

11 negotiating positions and business negotiation strategies, and financial information

12 that if it were to become public could provide confidential, competitively sensitive

13 information to the market and competitors and could put the producing party at a

14 competitive disadvantage. Accordingly, to expedite the flow of information, to

15 facilitate the prompt resolution of disputes over confidentiality of discovery

16 materials, to adequately protect information the parties are entitled to keep

17 confidential, to ensure that the parties are permitted reasonable necessary uses of

18 such material in preparation for and in the conduct of trial, to address their handling

19 at the end of the litigation, and serve the ends of justice, a protective order for such

20 information is justified in this matter. It is the intent of the parties that information

21 will not be designated as confidential for tactical reasons and that nothing be so

22 designated without a good faith belief that it has been maintained in a confidential,

23 non-public manner, and there is good cause why it should not be part of the public

24 record of this case.

25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

26 SEAL

27 The parties further acknowledge, as set forth in Section 12.3, below, that this

28 Stipulated Protective Order does not entitle them to file confidential information

1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

2 and the standards that will be applied when a party seeks permission from the court

3 to file material under seal.

4 There is a strong presumption that the public has a right of access to judicial

5 proceedings and records in civil cases. In connection with non-dispositive motions,

6 good cause must be shown to support a filing under seal. See Kamakana v. City and

7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

8 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

9 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

10 good cause showing), and a specific showing of good cause or compelling reasons

11 with proper evidentiary support and legal justification, must be made with respect to

12 Protected Material that a party seeks to file under seal. The parties’ mere designation

13 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY

14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the

15 submission of competent evidence by declaration, establishing that the material

16 sought to be filed under seal qualifies as confidential, privileged, or otherwise

17 protectable—constitute good cause.

18 Further, if a party requests sealing related to a dispositive motion or trial, then

19 compelling reasons, not only good cause, for the sealing must be shown, and the

20 relief sought shall be narrowly tailored to serve the specific interest to be protected.

21 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

22 each item or type of information, document, or thing sought to be filed or introduced

23 under seal in connection with a dispositive motion or trial, the party seeking

24 protection must articulate compelling reasons, supported by specific facts and legal

25 justification, for the requested sealing order. Again, competent evidence supporting

26 the application to file documents under seal must be provided by declaration.

27 Any document that is not confidential, privileged, or otherwise protectable in

28 its entirety will not be filed under seal if the confidential portions can be redacted.

1 If documents can be redacted, then a redacted version for public viewing, omitting

2 only the confidential, privileged, or otherwise protectable portions of the document,

3 shall be filed. Any application that seeks to file documents under seal in their

4 entirety should include an explanation of why redaction is not feasible.

5 2. DEFINITIONS

6 2.1 Action: Olivia Van Iderstine, et al. v. Live Nation Entertainment, Inc.,

7 et al., Case No. 2:20-cv-03888-GW-GJS.

8 2.2 Challenging Party: a Party or Non-Party that challenges the designation

9 of information or items under this Order.

10 2.3 “CONFIDENTIAL” Information or Items: trade secrets or other

11 confidential research, development, or commercially sensitive information

12 (regardless of how it is generated, stored, or maintained) pursuant to Federal Rule of

13 Civil Procedure 26(c), or any document, transcript, or other material containing such

14 information that has not been published or otherwise made publicly available.

15 Materials designated “CONFIDENTIAL” shall be treated as Confidential

16 Information, subject to the provisions set forth in this Order.

17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

18 their support staff).

19 2.5 Designating Party: a Party or Non-Party that designates information or

20 items that it produces in disclosures or in responses to discovery as

21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

22 ONLY.”

23 2.6 Disclosure or Discovery Material: all items or information, regardless

24 of the medium or manner in which it is generated, stored, or maintained (including,

25 among other things, testimony, transcripts, and tangible things), that are produced or

26 generated in disclosures or responses to discovery in this matter.

27 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

28 Information or Items: extremely sensitive Confidential Information, the disclosure

1 of which to another Party or Non-Party would create a substantial risk of serious and

2 irremediable harm to the Producing Party or its clients. Materials designated

3 “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” shall be treated as

4 Highly Confidential Information, subject to the provisions set forth in this Order.

5 2.8 Expert: a person with specialized knowledge or experience in a matter

6 pertinent to the litigation who has been retained by a Party or its counsel to serve as

7 an expert witness or as a consultant in this Action.

8 2.9 House Counsel: attorneys who are employees of a party to this Action.

9 House Counsel does not include Outside Counsel of Record or any other outside

10 counsel.

11 2.10 Non-Party: any natural person, partnership, corporation, association or

12 other legal entity not named as a Party to this action.

13 2.11 Outside Counsel of Record: attorneys who are not employees of a party

14 to this Action but are retained to represent or advise a party to this Action and have

15 appeared in this Action on behalf of that party or are affiliated with a law firm that

16 has appeared on behalf of that party, and includes support staff.

17 2.12 Party: any party to this Action, including all of its officers, directors,

18 employees, consultants, retained experts, and Outside Counsel of Record (and their

19 support staffs).

20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

21 Discovery Material in this Action.

22 2.14 Professional Vendors: persons or entities that provide litigation support

23 services (e.g., photocopying, videotaping, translating, preparing exhibits or

24 demonstrations, and organizing, storing, or retrieving data in any form or medium)

25 and their employees and subcontractors.

26 2.15 Protected Material: any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

28 ATTORNEYS’ EYES ONLY.”

1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

2 from a Producing Party.

3 3. SCOPE

4 The protections conferred by this Stipulation and Order cover not only

5 Protected Material (as defined above), but also (1) any information copied or

6 extracted from Protected Material; (2) all copies, excerpts, summaries, or

7 compilations of Protected Material; and (3) any testimony, conversations, or

8 presentations by Parties or their Counsel that might reveal Protected Material.

9 Any use of Protected Material at trial shall be governed by the orders of the

10 trial judge. This Order does not govern the use of Protected Material at trial.

11 4. DURATION

12 FINAL DISPOSITION of the action is defined as the conclusion of any

13 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

14 has run. Except as set forth below, the terms of this protective order apply through

15 FINAL DISPOSITION of the action. The parties stipulate—and the court so orders

16 —that the parties will be contractually bound by the terms of this agreement beyond

17 FINAL DISPOSITION, but will file a separate action for enforcement of the

18 agreement once all proceedings in this case are complete.

19 Once a case proceeds to trial, information that was designated as

20 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

21 ONLY” or maintained pursuant to this protective order used or introduced as an

22 exhibit at trial becomes public and will be presumptively available to all members

23 of the public, including the press, unless compelling reasons supported by specific

24 factual findings to proceed otherwise are made to the trial judge in advance of the

25 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

26 sealing documents produced in discovery from “compelling reasons” standard when

27 merits-related documents are part of court record). Accordingly, for such materials,

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1 the terms of this protective order do not extend beyond the commencement of the

2 trial.

3 5. DESIGNATING PROTECTED MATERIAL

4 5.1 Exercise of Restraint and Care in Designating Material for Protection.

5 Each Party or Non-Party that designates information or items for protection under

6 this Order must take care to limit any such designation to specific material that

7 qualifies under the appropriate standards. The Designating Party must designate for

8 protection only those parts of material, documents, items or oral or written

9 communications that qualify so that other portions of the material, documents, items

10 or communications for which protection is not warranted are not swept unjustifiably

11 within the ambit of this Order.

12 Mass, indiscriminate, or routinized designations are prohibited. Designations

13 that are shown to be clearly unjustified or that have been made for an improper

14 purpose (e.g., to unnecessarily encumber the case development process or to impose

15 unnecessary expenses and burdens on other parties) may expose the Designating

16 Party to sanctions.

17 If it comes to a Designating Party’s attention that information or items that it

18 designated for protection do not qualify for protection, that Designating Party must

19 promptly notify all other Parties that it is withdrawing the inapplicable designation.

20 5.2 Manner and Timing of Designations. Except as otherwise provided in

21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

23 under this Order must be clearly so designated before the material is disclosed or

24 produced.

25 Designation in conformity with this Order requires that:

26 (a) for information in documentary form (e.g., paper or electronic

27 documents, but excluding transcripts of depositions or other pretrial or trial

28 proceedings), the Producing Party must affix, at a minimum, the legend

1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

2 ONLY” on each page that contains protected material. If only a portion of the

3 material on a page qualifies for protection, the Producing Party also must clearly

4 identify the protected portion(s) (e.g., by making appropriate markings in the

5 margins). Material produced in native format (including but not limited to material

6 produced in Excel) containing Protected Information shall be designated by

7 (i) producing a TIFF (or similar electronic) placeholder image corresponding to the

8 native material that includes the “CONFIDENTIAL” or “HIGHLY

9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend and (ii) including

10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

11 ONLY” in the file name of the native material, where practicable.

12 A Party or Non-Party that makes original documents available for inspection

13 need not designate them for protection until after the inspecting Party has indicated

14 which documents it would like copied and produced. During the inspection and

15 before the designation, all of the material made available for inspection shall be

16 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

17 EYES ONLY.” After the inspecting Party has identified the documents it wants

18 copied and produced, the Producing Party must determine which documents, or

19 portions thereof, qualify for protection under this Order. Then, before producing the

20 specified documents, the Producing Party must affix the legend “CONFIDENTIAL”

21 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that

22 contains Protected Material. If only a portion of the material on a page qualifies for

23 protection, the Producing Party also must clearly identify the protected portion(s)

24 (e.g., by making appropriate markings in the margins).

25 (b) for testimony given in depositions the entire deposition transcript

26 shall be treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

27 until thirty (30) days after receipt of the final deposition transcript by counsel for

28 witness, unless otherwise agreed at the deposition an on the record. At the deposition

1 and on the record, or in writing before the thirty (30) days have expired, the witness,

2 his or her current or former employer, or their counsel may designate portions of the

3 deposition transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

4 ATTORNEYS’ EYES ONLY.” The notice shall be sent to any person known to

5 have a copy of the transcript and shall reference this Order and identify the pages

6 and lines so designated.

7 (c) for information produced in some form other than documentary

8 and for any other tangible items, the Producing Party must affix in a prominent place

9 on the exterior of the container or containers in which the information is stored the

10 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

11 EYES ONLY.” If only a portion or portions of the information warrants protection,

12 the Producing Party, to the extent practicable, shall identify the protected portion(s).

13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

14 failure to designate qualified information or items does not, standing alone, waive

15 the Designating Party’s right to secure protection under this Order for such material.

16 Upon timely correction of a designation, the Receiving Party must make reasonable

17 efforts to assure that the material is treated in accordance with the provisions of this

18 Order. In particular, the Receiving Party must replace the inadvertently non-

19 designated material with the newly designated material and make reasonable efforts

20 to destroy the originally non-designated material.

21 6. CHALLENGING CONFIDENTIALITY OR PRIVILEGE

22 DESIGNATIONS

23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

24 designation of confidentiality or privilege at any time that is consistent with the

25 Court’s Scheduling Order.

26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

27 resolution process under Local Rule 37.1 et seq.

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1 6.3 The burden of persuasion in any such challenge proceeding shall be on

2 the Designating Party. Frivolous challenges, and those made for an improper

3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

4 parties) may expose the Challenging Party to sanctions. Unless the Designating

5 Party has waived or withdrawn the confidentiality or privilege designation, all

6 parties shall continue to afford the material in question the level of protection to

7 which it is entitled under the Producing Party’s designation until the Court rules on

8 the challenge.

9 7. ACCESS TO AND USE OF PROTECTED MATERIAL

10 7.1 Basic Principles. A Receiving Party may use Protected Material that is

11 disclosed or produced by another Party or by a Non-Party in connection with this

12 Action only for prosecuting, defending, or attempting to settle this Action. Such

13 Protected Material may be disclosed only to the categories of persons and under the

14 conditions described in this Order. When the Action has been terminated, a

15 Receiving Party must comply with the provisions of section 13 below (FINAL

16 DISPOSITION).

17 Protected Material must be stored and maintained by a Receiving Party at a

18 location and in a secure manner that ensures that access is limited to the persons

19 authorized under this Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

21 otherwise ordered by the court or permitted in writing by the Designating Party, a

22 Receiving Party may disclose any information or item designated

23 “CONFIDENTIAL” only to:

24 (a) the Receiving Party’s Outside Counsel of Record in this Action,

25 as well as employees of said Outside Counsel of Record to whom it is reasonably

26 necessary to disclose the information for this Action;

27 (b) the officers, directors, and employees (including House Counsel)

28 of the Receiving Party to whom disclosure is reasonably necessary for this Action;

1 (c) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessary for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

6 (f) professional jury or trial consultants, mock jurors, and

7 Professional Vendors to whom disclosure is reasonably necessary for this Action

8 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

9 A);

10 (g) the author or recipient of a document containing the information

11 or who is identified on the face of such document as a recipient of the document

12 through means other than the discovery process in this action;

13 (h) during their depositions, witnesses, and attorneys for witnesses,

14 in the Action to whom disclosure is reasonably necessary, provided that: (1) the

15 deposing party requests that the witness sign the “Acknowledgment and Agreement

16 to Be Bound” (Exhibit A); and (2) witnesses will not be permitted to keep any

17 confidential information unless they sign the “Acknowledgment and Agreement to

18 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

19 by the court. Pages of transcribed deposition testimony or exhibits to depositions

20 that reveal Protected Material may be separately bound by the court reporter and

21 may not be disclosed to anyone except as permitted under this Stipulated Protective

22 Order;

23 (i) any mediator or settlement officer, and their supporting

24 personnel, mutually agreed upon by any of the parties engaged in settlement

25 discussions, who has signed the “Acknowledgment and Agreement to Be Bound”

26 (Exhibit A); and

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1 (j) the Parties’ insurers, including the insurers’ support staff and

2 service organizations, who have signed the “Acknowledgment and Agreement to Be

3 Bound” (Exhibit A).

4 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

5 ONLY” Information or Items. Unless otherwise ordered by the court or permitted

6 in writing by the Designating Party, a Receiving Party may disclose any information

7 or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

8 only to:

9 (a) up to three (3) in-house counsel for the parties who either have

10 responsibility for making decisions dealing directly with the litigation of the action,

11 or who are assisting outside counsel in the litigation of the action and have executed

12 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

13 (b) any individual specified in Paragraphs 7.2(a), (c), (d), (e), (f), (g),

14 or (i).

15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

16 PRODUCED IN OTHER LITIGATION

17 If a Party is served with a subpoena or a court order issued in other litigation

18 that compels disclosure of any information or items designated in this Action as

19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

20 ONLY,” that Party must:

21 (a) promptly notify in writing the Designating Party. Such

22 notification shall include a copy of the subpoena or court order to the extent

23 permitted by law;

24 (b) promptly notify in writing the party who caused the subpoena or

25 order to issue in the other litigation that some or all of the material covered by the

26 subpoena or order is subject to this Protective Order. Such notification shall include

27 a copy of this Stipulated Protective Order; and

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1 (c) cooperate with respect to all reasonable procedures sought to be

2 pursued by the Designating Party whose Protected Material may be affected.

3 If the Designating Party timely seeks a protective order, the Party served with

4 the subpoena or court order shall not produce any information designated in this

5 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

6 EYES ONLY” before a determination by the court from which the subpoena or order

7 issued, unless the Party has obtained the Designating Party’s permission. The

8 Designating Party shall bear the burden and expense of seeking protection in that

9 court of its confidential material and nothing in these provisions should be construed

10 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

11 directive from another court.

12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

13 PRODUCED IN THIS LITIGATION

14 (a) The terms of this Order are applicable to information produced

15 by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

17 Non-Parties in connection with this litigation is protected by the remedies and relief

18 provided by this Order. Nothing in these provisions should be construed as

19 prohibiting a Non-Party from seeking additional protections.

20 (b) In the event that a Party is required, by a valid discovery request,

21 to produce a Non-Party’s confidential information in its possession, and the Party is

22 subject to an agreement with the Non-Party not to produce the Non-Party’s

23 confidential information, then the Party shall:

24 (1) promptly notify in writing the Requesting Party and the

25 Non-Party that some or all of the information requested is subject to a confidentiality

26 agreement with a Non-Party;

27 (2) promptly provide the Non-Party with a copy of the

28 Stipulated Protective Order in this Action, the relevant discovery request(s) to the

1 extent permitted by law, and a reasonably specific description of the information

2 requested; and

3 (3) make the information requested available for inspection by

4 the Non-Party, if requested.

5 (c) If the Non-Party fails to seek a protective order from this court

6 within 14 days of receiving the notice and accompanying information, the Receiving

7 Party may produce the Non-Party’s confidential information responsive to the

8 discovery request. If the Non-Party timely seeks a protective order, the Receiving

9 Party shall not produce any information in its possession or control that is subject to

10 the confidentiality agreement with the Non-Party before a determination by the

11 court. Absent a court order to the contrary, the Non-Party shall bear the burden and

12 expense of seeking protection in this court of its Protected Material.

13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

15 Protected Material to any person or in any circumstance not authorized under this

16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

17 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

18 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

19 or persons to whom unauthorized disclosures were made of all the terms of this

20 Order, and (d) request such person or persons to execute the “Acknowledgment and

21 Agreement to Be Bound” that is attached hereto as Exhibit A.

22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23 PROTECTED MATERIAL

24 11.1 No Waiver of Privilege or Clawback Rights. The production of

25 documents by a Designating Party shall, to the maximum extent permitted by law,

26 be governed by Federal Rule of Civil Procedure 26(b)(5) and Federal Rule of

27 Evidence 502 regarding the inadvertent production of material protected by the

28 attorney-client privilege, the work product doctrine, or any other privilege or

1 protection from disclosure recognized under applicable law. A Party’s inadvertent

2 disclosure in connection with this action of information that the Designating Party

3 believes is protected by the attorney-client privilege, the work product doctrine, or

4 any other privilege or immunity from discovery shall not constitute a waiver with

5 respect to such privilege or immunity in this or any other action.

6 11.2 Notification by the Disclosing Party. In the event of an inadvertent

7 disclosure of information that the Designating Party believes is protected by the

8 attorney-client privilege, the work product doctrine, or any other privilege or

9 immunity from discovery, the Designating Party may provide notice in writing to

10 the Receiving Party advising of the inadvertent disclosure, requesting return of the

11 information, and asserting the basis of the clawback request. Upon such notice, the

12 Receiving Party shall make no further use of the information, shall immediately

13 segregate the information in a manner that will prevent any further disclosure or

14 dissemination, and shall take reasonable steps to retrieve the information to the

15 extent it was disclosed or disseminated prior to receipt of the notice. Within ten (10)

16 business days of receiving the notice of inadvertent disclosure, the Receiving Party

17 shall take reasonable steps to return all information in its possession, custody, or

18 control that the Designating Party believes is protected, or shall provide written

19 confirmation that such information has been deleted. The Receiving Party’s

20 reasonable steps shall not require the return or destruction of information that is

21 stored on backup storage media made in accordance with regular data backup

22 procedures for disaster recovery purposes. Backup storage media will not be

23 restored for purposes of returning or certifying destruction of information, but such

24 retained information shall continue to be treated in accordance with this Order.

25 11.3 Notification by the Receiving Party. In the event a Receiving Party

26 receives information that appears on its face to be subject to the attorney-client

27 privilege, the work product doctrine, or any other privilege or immunity from

28 discovery, the Receiving Party shall refrain from reviewing the information any

1 more than is essential to ascertain that the information is privileged, and shall

2 immediately notify the Designating Party in writing that he or she possesses

3 information that appears on its face to be privileged. The Designating Party shall

4 then have ten (10) business days after receiving the notice to request the return of

5 the information. If the Designating Party requests return of the information, the

6 Receiving Party shall immediately return the information to the Designating Party

7 and destroy any other copies, and confirm the return and destruction of the materials

8 in writing.

9 11.4 Challenge Process. For the avoidance of doubt, nothing in this Section

10 (11) shall preclude a Receiving Party from challenging a confidentiality or privilege

11 designation under Section 6 (Challenging Confidentiality or Privilege Designations).

12 12. MISCELLANEOUS

13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

14 person to seek its modification by the Court in the future.

15 12.2 Right to Assert Other Objections. By stipulating to the entry of this

16 Protective Order, no Party waives any right it otherwise would have to object to

17 disclosing or producing any information or item on any ground not addressed in this

18 Stipulated Protective Order. Similarly, no Party waives any right to object on any

19 ground to use in evidence of any of the material covered by this Protective Order.

20 12.3 Filing Protected Material. A Party that seeks to file under seal any

21 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

22 only be filed under seal pursuant to a court order authorizing the sealing of the

23 specific Protected Material at issue. If a Party’s request to file Protected Material

24 under seal is denied by the court, then the Receiving Party may file the information

25 in the public record unless otherwise instructed by the court.

26 13. FINAL DISPOSITION

27 After the final disposition of this Action, as defined in Section 4

28 (DURATION), within 60 days, each Receiving Party must return all Protected

1 Material to the Producing Party or destroy such material. As used in this subdivision,

2 “all Protected Material” includes all copies, abstracts, compilations, summaries, and

3 any other format reproducing or capturing any of the Protected Material. Whether

4 the Protected Material is returned or destroyed, the Receiving Party must submit a

5 written certification to the Producing Party (and, if not the same person or entity, to

6 the Designating Party) by the 60 day deadline that (1) identifies (by category, where

7 appropriate) all the Protected Material that was returned or destroyed and (2) affirms

8 that the Receiving Party has not retained any copies, abstracts, compilations,

9 summaries or any other format reproducing or capturing any of the Protected

10 Material. Notwithstanding this provision, Counsel are entitled to retain an archival

11 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

12 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

13 work product, and consultant and expert work product, even if such materials contain

14 Protected Material. Furthermore, Counsel shall not be required to return or destroy

15 information that is stored on backup storage media made in accordance with regular

16 data backup procedures for disaster recovery purposes. Any archival copies or

17 backup storage media that contain or constitute Protected Material remain subject to

18 this Protective Order as set forth in Section 4 (DURATION).

19 14. VIOLATION

20 Any violation of this Order may be punished by appropriate measures

21 including, without limitation, contempt proceedings and/or monetary sanctions.

22 15. MODIFICATIONS

23 This Order may be amended and superseded by any subsequent order of the

24 Court—on the Court’s own motion, upon the stipulation of the Parties, or on other

25 grounds that are appropriate under applicable law.

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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

3 Dated: November 24, 2020 LATHAM & WATKINS LLP

4 By: /s/ Timothy L. O’Mara

5 Timothy L. O’ Mara

6 505 Montgomery Street, Suite 2000

San Francisco, California 94111-6538

7 Telephone: +1.415.391.0600

Facsimile: +1.415.395.8095

8 Email: tim.o’mara@lw.com

9 Attorneys for Defendants Ticketmaster

L.L.C. and Live Nation Entertainment,

10 Ine.

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Dated: November 24, 2020 QUINN EMANUEL URQUHART &

13 SULLIVAN, LLP

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15 By: // Frederick A. Lorig

Frederick A. Lorig (Bar No. 057645)

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865 South Figueroa Street, 10th Floor

17 Los Angeles, California 90017-2543

Telephone: +1.213.443.3000

18 Facsimile: +1.213.443.3100

19 Email: fredlorig @ quinnemanuel.com

Attorneys for Plaintiffs Olivia Van

20 Iderstine and Mitch Oberstein

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73 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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25 DATED: December 15, 2020

27 | GAIL J. STANDISH

g | UNITED STATES MAGISTRATE JUDGE

1 ATTESTATION

2 I am the ECF user whose identification and password are being used to file

3 the foregoing [Proposed] Stipulated Protective Order. Pursuant to Civil Local Rule

4 5-4.3.4(a)(2)(i), I, Timothy L. O’Mara, attest that all other signatories listed, and on

5 whose behalf the filing is submitted, concur in the filing’s content and have

6 authorized such filing.

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8 Dated: November 24, 2020 /s/ Timothy L. O’Mara

9 Timothy L. O’Mara

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury

6 that I have read in its entirety and understand the Stipulated Protective Order that

7 was issued by the United States District Court for the Central District of California

8 on [date] in the case of Van Iderstine v. Live Nation Entertainment, Inc. et al., 2:20-

9 cv-03888-GW-GJS. I agree to comply with and to be bound by all the terms of this

10 Stipulated Protective Order and I understand and acknowledge that failure to so

11 comply could expose me to sanctions and punishment in the nature of contempt. I

12 solemnly promise that I will not disclose in any manner any information or item that

13 is subject to this Stipulated Protective Order to any person or entity except in strict

14 compliance with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District Court

16 for the Central District of California for enforcing the terms of this Stipulated

17 Protective Order, even if such enforcement proceedings occur after termination of

18 this action. I hereby appoint __________________________ [print or type full

19 name] of _______________________________________ [print or type full address

20 and telephone number] as my California agent for service of process in connection

21 with this action or any proceedings related to enforcement of this Stipulated

22 Protective Order.

23

24 Date: ______________________________________

25 City and State where sworn and signed: _________________________________

26 Printed name: _______________________________

27 Signature: _________________________________

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