Leifer

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

James R. Jacobson; Abraham Leifer; Tamara

Stevens, individually and on behalf of all others

similarly situated, 24-CV-3994 (AS)

24-CV-6538 (AS)

Plaintiffs,

-against- STIPULATED

PROTECTIVE ORDER

Live Nation Entertainment, Inc.; Ticketmaster

LLC,

Defendants.

1. A. PURPOSES AND LIMITATIONS

Discovery in this Action is likely to involve production of confidential, proprietary, or

private information for which special protection from public disclosure and from use for any

purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby

stipulate to and petition the Court to enter the following Stipulated Protective Order (the “Order”).

The parties acknowledge that this Order does not confer blanket protections on all disclosures or

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

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

applicable legal principles.

B. GOOD CAUSE STATEMENT

This Action is likely to involve the production and exchange of confidential, sensitive

information that could cause business, competitive, and personal harm if disclosed publicly or,

without restrictions, between the parties. This Action is also likely to involve trade secrets,

operating plans, market analyses, nonpublic contracts, negotiating positions and business

negotiation strategies, and financial information that if it were to become public could provide

confidential, competitively sensitive information to the market and competitors and could put the

producing party at a competitive disadvantage. Accordingly, to expedite the flow of information,

to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to

adequately protect information the parties are entitled to keep confidential, to ensure that the

parties are permitted reasonable necessary uses of such material in preparation for and in the

conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice,

a protective order for such information is justified in this matter. It is the intent of the parties that

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

designated without a good faith belief that it has been maintained in a confidential, non-public

manner, and there is good cause why it should not be part of the public record of this case.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

not entitle them to file confidential information under seal; the Court’s Individual Practices in Civil

Cases and the appropriate local rules set forth the procedures that must be followed and the

standards that will be applied when a party seeks permission from the court to file material under

seal.

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

will not be filed under seal if the confidential portions can be redacted. If documents can be

redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or

otherwise protectable portions of the document, shall be filed. Any application that seeks to file

documents under seal in their entirety should include an explanation of why redaction is not

feasible.

2. DEFINITIONS

2.1 Action: In re Live Nation Entertainment, Inc. and Ticketmaster L.L.C. Antitrust

Litigation, Lead Case No. 1:24-cv-03994 (AS) / James R. Jacobson v. Live Nation Entertainment,

Inc., Case No. 1:24-cv-06538 (AS)

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

information or items under this Order.

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

research, development, or commercially sensitive information (regardless of how it is generated,

stored, or maintained) pursuant to Federal Rule of Civil Procedure 26(c), or any document,

transcript, or other material containing such information that has not been published or otherwise

made publicly available. Materials designated “CONFIDENTIAL” shall be treated as

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

2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support

staff).

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

it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

2.6 Disclosure or Discovery Material: all items or information, regardless of the

medium or manner in which it is generated, stored, or maintained (including, among other things,

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

responses to discovery in this matter.

2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

Items: extremely sensitive Confidential Information, the disclosure of which to another Party or

Non-Party would create a substantial risk of serious and irremediable harm to the Producing Party

or its clients. Materials designated “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY”

shall be treated as Highly Confidential Information, subject to the provisions set forth in this Order.

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

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

consultant in this Action.

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

Counsel does not include Outside Counsel of Record or any other outside counsel.

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

entity not named as a Party to this Action.

2.11 Outside Counsel of Record: attorneys who are not employees of a Party to this

Action but are retained to represent or advise a Party to this Action and have appeared in this

Action on behalf of that Party or are affiliated with a law firm that has appeared on behalf of that

Party, including support staff.

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

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

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

Material in this Action.

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

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

organizing, storing, or retrieving data in any form or medium) and their employees and

subcontractors.

2.15 Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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

Producing Party.

3. SCOPE

The protections conferred by this Order cover not only Protected Material (as defined

above), but also (1) any information copied or extracted from Protected Material; (2) all copies,

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

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

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

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

4. DURATION

FINAL DISPOSITION of the Action is defined as the conclusion of any appellate

proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. Except as set

forth below, the terms of this Order apply through FINAL DISPOSITION of the Action. The

parties stipulate—and the Court so orders —that the parties will be contractually bound by the

terms of this agreement beyond FINAL DISPOSITION, but will file a separate Action for

enforcement of the agreement once all proceedings in this case are complete.

Once a case proceeds to trial, information that was designated as “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or maintained pursuant to this

Order used or introduced as an exhibit at trial becomes public and will be presumptively available

to all members of the public, including the press, unless compelling reasons supported by specific

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

Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006) (requiring “specific, on-

the-record findings that higher values necessitate a narrowly tailored sealing” for judicial

documents). Accordingly, for such materials, the terms of this Order do not extend beyond the

commencement of the trial.

5. DESIGNATING PROTECTED MATERIAL

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

or Non-Party that designates information or items for protection under this Order must take care

to limit any such designation to specific material that qualifies under the appropriate standards.

The Designating Party must designate for protection only those parts of material, documents,

items, or oral or written communications that qualify so that other portions of the material,

documents, items, or communications for which protection is not warranted are not swept

unjustifiably within the ambit of this Order.

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

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

unnecessarily encumber the case development process or to impose unnecessary expenses and

burdens on other parties) may expose the Designating Party to sanctions.

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

for protection do not qualify for protection, that Designating Party must promptly notify all other

Parties that it is withdrawing the inapplicable designation.

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

(see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered,

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

designated before the material is disclosed or produced.

Designation in conformity with this Order requires that:

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

but excluding transcripts of depositions or other pretrial or trial proceedings), the Producing Party

must affix, at a minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” on each page that contains protected material. If only a portion of

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

protected portion(s) (e.g., by making appropriate markings in the margins). Material produced in

native format (including but not limited to material produced in Excel) containing Protected

Information shall be designated by (i) producing a TIFF (or similar electronic) placeholder image

corresponding to the native material that includes the “CONFIDENTIAL” or “HIGHLY

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

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in the file name of the native

material, where practicable.

A Party or Non-Party that makes original documents available for inspection need not

designate them for protection until after the inspecting Party has indicated which documents it

would like copied and produced. During the inspection and before the designation, all of the

material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the

documents it wants copied and produced, the Producing Party must determine which documents,

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

documents, the Producing Party must affix the legend “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains Protected Material.

If only a portion of the material on a page qualifies for protection, the Producing Party also must

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

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

treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until thirty (30) days

after receipt of the final deposition transcript by counsel for witness, unless otherwise agreed at

the deposition an on the record. At the deposition and on the record, or in writing before the thirty

(30) days have expired, the witness, his or her current or former employer, or their counsel may

designate portions of the deposition transcript as “CONFIDENTIAL” or “HIGHLY

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

to have a copy of the transcript and shall reference this Order and identify the pages and lines so

designated.

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

other tangible items, the Producing Party must affix in a prominent place on the exterior of the

container or containers in which the information is stored the legend “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of

the information warrants protection, the Producing Party, to the extent practicable, shall identify

the protected portion(s).

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

designate qualified information or items does not, standing alone, waive the Designating Party’s

right to secure protection under this Order for such material. Upon timely correction of a

designation, the Receiving Party must make reasonable efforts to assure that the material is treated

in accordance with the provisions of this Order. In particular, the Receiving Party must replace

the inadvertently non-designated material with the newly designated material and make reasonable

efforts to destroy the originally non-designated material.

6. CHALLENGING CONFIDENTIALITY OR PRIVILEGE DESIGNATIONS

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

confidentiality or privilege at any time that is consistent with the case schedule.

6.2 Meet and Confer. The Challenging Party shall arrange for a conference in a good-

faith effort to eliminate as much of the dispute as possible. Counsel for the Designating Party must

confer with counsel for the moving party within ten days of the Challenging Party requesting such

conference.

6.3 If counsel are unable to settle their differences through the conference, the

Challenging Party may then move the Court for adjudication of the challenged designation of

confidentiality or privilege. The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging

Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality or

privilege designation, all parties shall continue to afford the material in question the level of

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

the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

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

or produced by another Party or by a Non-Party in connection with this Action only for

prosecuting, defending, or attempting to settle this Action. Such Protected Material may be

disclosed only to the categories of persons and under the conditions described in this Order. When

the Action has been terminated, a Receiving Party must comply with the provisions of Section 13

below (FINAL DISPOSITION).

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

a secure manner that ensures that access is limited to the persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

information or item designated “CONFIDENTIAL” only to:

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

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

information for this Action;

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

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

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

is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement

to Be Bound” (Exhibit A);

(d) the court and its personnel;

(e) court reporters and their staff;

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

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

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

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

identified on the face of such document as a recipient of the document through means other than

the discovery process in this Action;

(h) during their depositions, witnesses, and attorneys for witnesses, in this

Action to whom disclosure is reasonably necessary, provided that: (1) the deposing party requests

that the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and

(2) witnesses will not be permitted to keep any confidential information unless they sign the

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits

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

may not be disclosed to anyone except as permitted under this Order;

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

agreed upon by any of the parties engaged in settlement discussions, who has signed the

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

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

organizations, who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items. Unless otherwise ordered by the court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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

responsibility for making decisions dealing directly with the litigation of the Action, or who are

assisting outside counsel in the litigation of the Action and have executed the “Acknowledgment

and Agreement to Be Bound” (Exhibit A);

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

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION

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

disclosure of any information or items designated in this Action as “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:

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

include a copy of the subpoena or court order to the extent permitted by law;

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

issue in the other litigation that some or all of the material covered by the subpoena or order is

subject to this Order. Such notification shall include a copy of this Order; and

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

the Designating Party whose Protected Material may be affected.

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

or court order shall not produce any information designated in this Action as “CONFIDENTIAL”

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the

court from which the subpoena or order issued, unless the Party has obtained the Designating

Party’s permission. The Designating Party shall bear the burden and expense of seeking protection

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

authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from

another court.

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

THIS LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-

Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with

this litigation is protected by the remedies and relief provided by this Order. Nothing in these

provisions should be construed as prohibiting a Non-Party from seeking additional protections.

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

a Non-Party’s confidential information in its possession, and the Party is subject to an agreement

with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

(1) promptly notify in writing the Requesting Party and the Non-Party

that some or all of the information requested is subject to a confidentiality agreement with a Non-

Party;

(2) promptly provide the Non-Party with a copy of the Order in this

Action, the relevant discovery request(s) to the extent permitted by law, and a reasonably specific

description of the information requested; and

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

Party, if requested.

(c) If the Non-Party fails to seek a protective order from this Court within 14

days of receiving the notice and accompanying information, the Receiving Party may produce the

Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

seeks a protective order, the Receiving Party shall not produce any information in its possession

or control that is subject to the confidentiality agreement with the Non-Party before a

determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the

burden and expense of seeking protection in this Court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

Material to any person or in any circumstance not authorized under this Order, the Receiving Party

must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b)

use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

person or persons to whom unauthorized disclosures were made of all the terms of this Order, and

(d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

11.1 No Waiver of Privilege or Clawback Rights. The production of documents by a

Designating Party shall, to the maximum extent permitted by law, be governed by Federal Rule of

Civil Procedure 26(b)(5) and Federal Rule of Evidence 502 regarding the inadvertent production

of material protected by the attorney-client privilege, the work-product doctrine, or any other

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

disclosure in connection with this Action of information that the Designating Party believes is

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

immunity from discovery shall not constitute a waiver with respect to such privilege or immunity

in this or any other Action.

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

information that the Designating Party believes is protected by the attorney-client privilege, the

work product doctrine, or any other privilege or immunity from discovery, the Designating Party

may provide notice in writing to the Receiving Party advising of the inadvertent disclosure,

requesting return of the information, and asserting the basis of the clawback request. Upon such

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

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

and shall take reasonable steps to retrieve the information to the extent it was disclosed or

disseminated prior to receipt of the notice. Within ten (10) business days of receiving the notice

of inadvertent disclosure, the Receiving Party shall take reasonable steps to return all information

in its possession, custody, or control that the Designating Party believes is protected, or shall

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

reasonable steps shall not require the return or destruction of information that is stored on backup

storage media made in accordance with regular data backup procedures for disaster recovery

purposes. Backup storage media will not be restored for purposes of returning or certifying

destruction of information, but such retained information shall continue to be treated in accordance

with this Order.

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

information that appears on its face to be subject to the attorney-client privilege, the work-product

doctrine, or any other privilege or immunity from discovery, the Receiving Party shall refrain from

reviewing the information any more than is essential to ascertain that the information is privileged,

and shall immediately notify the Designating Party in writing that he or she possesses information

that appears on its face to be privileged. The Designating Party shall then have ten (10) business

days after receiving the notice to request the return of the information. If the Designating Party

requests return of the information, the Receiving Party shall immediately return the information to

the Designating Party and destroy any other copies, and confirm the return and destruction of the

materials in writing.

11.4 Challenge Process. For the avoidance of doubt, nothing in this Section (11) shall

preclude a Receiving Party from challenging a confidentiality or privilege designation under

Section 6 (Challenging Confidentiality or Privilege Designations).

12. MISCELLANEOUS

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

seek its modification by the Court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this Order, no Party

waives any right it otherwise would have to object to disclosing or producing any information or

item on any ground not addressed in this Order. Similarly, no Party waives any right to object on

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

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

Material must comply with the Court’s Individual Practices in Civil Cases and the appropriate

local rules. Protected Material may only be filed under seal pursuant to a court order authorizing

the sealing of the specific Protected Material at issue. If a Party’s request to file Protected Material

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

record unless otherwise instructed by the court.

13. FINAL DISPOSITION

After the final disposition of this Action, as defined in Section 4 (DURATION), within 60

days, each Receiving Party must return all Protected Material to the Producing Party or destroy

such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

compilations, summaries, and any other format reproducing or capturing any of the Protected

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

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

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

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

product, and consultant and expert work product, even if such materials contain Protected Material.

Furthermore, Counsel shall not be required to return or destroy information that is stored on backup

storage media made in accordance with regular data backup procedures for disaster recovery

purposes. Any archival copies or backup storage media that contain or constitute Protected

Material remain subject to this Order as set forth in Section 4 (DURATION).

14. VIOLATION

Any violation of this Order may be punished by appropriate measures including, without

limitation, contempt proceedings and/or monetary sanctions.

15. MODIFICATIONS

This Order may be amended and superseded by any subsequent order of the Court—on the

Court’s own motion, upon the stipulation of the Parties, or on other grounds that are appropriate

under applicable law.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: September 29, 2025 LATHAM & WATKINS LLP

By: /s/ Timothy L. O’Mara

Timothy L. O’Mara (admitted pro hac vice)

505 Montgomery Street, Suite 2000

San Francisco, California 94111-6538

Telephone: +1.415.391.0600

Facsimile: +1.415.395.8095

Email: tim.o’mara@lw.com

Attorneys for Defendants Live Nation

Entertainment, Inc. and Ticketmaster L.L.C.

Dated: September 29, 2025 ROBBINS GELLER RUDMAN & DOWD

LLP

By: /s/ David W. Mitchell

David W. Mitchell1

655 West Broadway, Suite 1900

San Diego, CA 92101

Telephone: 619/231-1058

Email: davidm@rgrdlaw.com

Attorneys for Plaintiffs Abraham Leifer and

Tamara Stevens

Dated: September 29, 2025 LOVELL STEWART HALEBIAN

JACOBSON LLP

By: /s/ Christopher M. McGrath

Christopher M. McGrath1

505 Fifth Avenue, Suite 2440

New York, New York 10110

Telephone: (212) 608-1900

Email: cmcgrath@lshllp.com

Attorneys for Plaintiff James R. Jacobson

1 Electronic signatures are used with consent in accordance with Rule 8.5(b) of the Court’s

Electronic Case Filing Rules & Instructions.

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

Dated: October 28 , 2025

United States District Judge Arun Subramanian

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