Bluewater Music Services Corporation v. Spotify USA Inc.

MOTION to Seal Document Unredacted Memorandum of Law in Support of Motion for Leave to Appeal

M.D. Tenn.December 6, 2018

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BLUEWATER MUSIC SERVICES CORPORATION and BLUEWATER MUSIC CORPORATION, Plaintiffs, Case No. 3:17-cv-01051 v. District Judge Jon Phipps McCalla SPOTIFY USA INC., Magistrate Judge Jeffery S. Frensley Defendant. MOTION FOR LEAVE TO FILE UNDER SEAL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL Pursuant to Section 5.07 of the Amended Practices and Procedures for Electronic Case Filing (Administrative Order 167-1), Defendant Spotify USA Inc. (“Spotify”) respectfully moves for leave to file its Memorandum of Law in Support of Motion for Certification of Interlocutory Appeal (“Memorandum”) under seal. In order for the Court to make the requisite findings and conclusions mandated by the Sixth Circuit, “[t]he proponent of sealing must provide compelling reasons to seal the documents and demonstrate that the sealing is narrowly tailored to those reasons—specifically by ‘analyz[ing] in detail, document by document, the propriety of secrecy, providing reasons and legal citations.’” Beauchamp v. Federal Home Loan Mortgage Co., 628 Fed. App’x 202, 207 (6th Cir. 2016) (quoting Shane Grp, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016)). Generally, “only trade secrets, information covered by a recognized privilege (such as the attorney- client privilege), and information required by statute to be maintained in confidence … is typically enough to overcome the presumption of [public] access.” Rudd Equipment Co., Inc. v. John Deere Case 3:17-cv-01051 Document 154 Filed 12/06/18 Page 1 of 4 PageID #: 3922 Construction & Forestry Co., 834 F.3d 589, 594-95 (quoting Baxter Int’l, Inc. v. Abbott Labs., 297 F.3d 544, 546 (7th Cir. 2002)). The Memorandum discusses the substance of administration agreements that Plaintiffs Bluewater Music Services Corporation and Bluewater Music Corporation (collectively “Plaintiffs”) moved to file under seal. See Dkt. No. 74, dated May 18, 2018. Plaintiffs’ motion to file the administration agreements under seal was granted. See Dkt. No. 122, dated October 30, 2018. Accordingly, Spotify requests permission to file the Memorandum under seal. Pursuant to Local Rule of Court 5.03(c), Spotify is also separately filing a redacted version of the Memorandum. Pursuant to Local Rule of Court 7.01(a)(1), the undersigned certifies that Spotify has conferred in good faith with opposing counsel about the issues described in this motion. WHEREFORE, Defendant Spotify USA Inc. respectfully requests leave of the Court to file its Memorandum or Law in Support of Motion for Certification of Interlocutory Appeal under seal. December 6, 2018 Respectfully submitted, MILLER LEGAL PARTNERS PLLC /s/ Samuel F. Miller Samuel F. Miller (TN BPR #22936) Fifth Third Center 424 Church Street, Suite 2000 Nashville, Tennessee 37129 Telephone: (615) 988-9011 Facsimile: (615) 988-9559 Email: SMiller@millerlegalpartners.com SIMPSON THACHER & BARTLETT LLP Jeffrey E. Ostrow (CA BPR #213118, Admitted Pro Hac Vice) Harrison Frahn (CA BPR #206822, Admitted Pro Case 3:17-cv-01051 Document 154 Filed 12/06/18 Page 2 of 4 PageID #: 3923 Hac Vice) 2475 Hanover Street Palo Alto, California 94304 Telephone: (650) 251-5000 Facsimile: (212) 455-2502 Email: jostrow@stblaw.com Email: hfrahn@stblaw.com Christopher J. Sprigman (NY BPR #CS7310, Admitted Pro Hac Vice) 425 Lexington Avenue New York, New York 10017 Telephone: (212) 455-7844 Facsimile: (212) 455-2502 Email: christopher.sprigman@stblaw.com Counsel for Defendant Spotify USA Inc. CERTIFICATE OF SERVICE I hereby certify that on December 6, 2018 a copy of the foregoing MOTION FOR LEAVE TO FILE UNDER SEAL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL was filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court’s electronic filing system. Richard S. Busch Joshua D. Wilson Christina Manna Liz A. Natal Tara N. Stampley Matthew G. Sipf King & Ballow 315 Union Street, Suite 1100 Nashville, Tennessee 37201 rbusch@kingballow.com jwilson@kingballow.com cmanna@kingballow.com lnatal@kingballow.com msipf@kingballow.com tstampley@kingballow.com Case 3:17-cv-01051 Document 154 Filed 12/06/18 Page 3 of 4 PageID #: 3924 Jay S. Bowen Lauren Kilgore 47 Music Square East Nashville, TN 37203 jbowen@shackelfordlaw.net lkilgore@shackelfordlaw.net /s/ Samuel F. Miller Samuel F. Miller Case 3:17-cv-01051 Document 154 Filed 12/06/18 Page 4 of 4 PageID #: 3925