Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al

MOTION for Leave to File Document Under Seal

M.D. Tenn.May 21, 2008

NY 71485473 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GIBSON GUITAR CORP., ) ) PLAINTIFF, ) ) Civil Action No. 3:08-0279 v. ) ) Judge Thomas A. Wiseman, Jr. WAL-MART STORES INC., TARGET ) Magistrate Judge Juliet Griffin CORPORATION, KMART CORPORATION, ) SEARS, ROEBUCK & CO., AMAZON.COM, INC., ) GAMESTOP CORP., TOYS-R-US, INC., HARMONIX ) MUSIC SYSTEMS, INC., MTV (A DIVISION OF ) VIACOM INTERNATIONAL, INC.), AND ) ELECTRONIC ARTS, INC., ) ) DEFENDANTS. ) ______________________________________________________________________________ MOTION FOR LEAVE TO FILE UNDER SEAL ______________________________________________________________________________ Plaintiff Gibson Guitar Corp. (“Gibson”) respectfully requests leave from the Court to file under seal the following documents, each of which is being filed contemporaneously herewith as a “Sealed Document” pursuant to Administrative Order No. 167, Section 5.07: 1) Gibson’s Opposition to Defendants’ Joint Motion to Dismiss or, in the Alternative, to Stay This Action in Favor of a First-Filed Action in the Central District of California (“Opposition to the Joint Motion to Dismiss or Stay”); and 2) The Declaration of Richard Eskew in Support of Gibson’s Opposition to the Joint Motion to Dismiss or Stay. Gibson Guitar requests that their Joint Motion to Dismiss or Stay (and papers filed in support thereof) be filed under seal for the following reasons: Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al Doc. 72 Dockets.Justia.com 2 NY 71485473 1) Gibson and Activision Publishing, Inc. are parties to an agreement that includes a confidentiality provision (the “Agreement”). The confidentiality provision of the Agreement prohibits, inter alia, public disclosure or use of the terms of the Agreement, as well as public disclosure of the parties relationship related to the Agreement. See Glass Decl. Ex. B, Agreement §5 [D.E. 39]. 2) Certain provisions of the Agreement and the parties relationship thereunder are referenced in Gibson’s Opposition to the Joint Motion to Dismiss or Stay. 3) To comply with the confidentiality provision of the Agreement, Gibson hereby respectfully requests leave from the Court to file under seal the unredacted version of its Opposition to the Joint Motion to Dismiss or Stay as well as certain declarations and exhibits in support thereof. Gibson further requests that should the Court grant this motion to seal, its Opposition to the Joint Motion to Dismiss or Stay be deemed filed as of May 21, 2008. WHEREFORE, Gibson respectfully requests that the Court grant this Motion for Leave to File Under Seal. A proposed order granting this motion is submitted herewith. Respectfully submitted, /s Douglas R. Pierce Douglas R. Pierce, BPR No. 10084 KING & BALLOW 1100 Union Street Plaza 315 Union Street Nashville, Tennessee 37201 (615) 259-3456 STROOCK & STROOCK & LAVAN LLP Matthew W. Siegal (pro hac vice) Angie M. Hankins (pro hac vice) Richard Eskew (pro hac vice) Jason M. Sobel (pro hac vice) 180 Maiden Lane New York, New York 10038-4982 212-806-5400 3 NY 71485473 Attorneys for Plaintiff Gibson Guitar Corp. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing is being filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to: Samuel D. Lipshie, No. 009538 William Taylor Ramsey (No. 9245) BOLT,CUMMINGS,CONNERS & BERRY Aubrey B. Harwell, III (No. 17394) Roundabout Plaza NEAL & HARWELL 1600 Division Street, Suite 700 150 Fourth Avenue, North Nashville, TN 37203 2000 First Union Tower Nashville, TN 37210 Mark A Samuels Edward J. DeFranco Robert M. Schwartz James Glass William J. Charron Quinn Emanuel Urquhart Oliver & Hedges, LLP O’Melveny & Myers LLP 51 Madison Ave, 22 nd Floor 400 South Hope Street New York, NY 10010 Los Angeles, CA 90071-2899 on this the 21st day of May, 2008. s/ Douglas R. Pierce