-PAL Corbello v. DeVito, No. 2:2008cv00867 - Document 657 (D. Nev. 2011)
Court Description: ORDER Granting 592 Motion For Leave to File Under Seal Certain Exhibits to Plaintiff's Opposition to Partial Summary Judgment and Cross-Motion for Partial Summary Judgment on Counts 12, 13 and 14 of the Third Amended Complaint. Signed by Chief Judge Robert C. Jones on 10/27/2011. (Copies have been distributed pursuant to the NEF - SLR)
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-PAL Corbello v. DeVito Doc. 657 1 Gregory H. Guillot ggmark@radix.net 2 Admitted Pro Hac Vice GREGORY H. GUILLOT, P.C. 3 13455 Noel Road, Suite 1000 Dallas, TX 75240 4 Telephone: (972) 774-4560 Facsimile: (214) 515-0411 5 John L. Krieger, (Nevada Bar No. 6023) 6 JKrieger@LRLaw.com LEWIS AND ROCA LLP 7 3993 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169 8 Telephone: (702) 949-8200 Facsimile: (702) 949-8389 9 George L. Paul 10 GPaul@LRLaw.com Admitted Pro Hac Vice 11 Robert H. McKirgan, RMckirgan@LRLaw.com 12 Admitted Pro Hac Vice LEWIS AND ROCA LLP 13 40 North Central Avenue, Suite 1900 Phoenix, AZ 85004 14 Telephone: (602) 262-5326 Facsimile: (602) 734-3857 15 Attorneys for Plaintiff, 16 DONNA CORBELLO 17 UNITED STATES DISTRICT COURT 18 DISTRICT OF NEVADA 19 DONNA CORBELLO, an individual, Case No. 2:08-cv-00867-RCJ-PAL 20 21 Plaintiff, vs. 22 THOMAS GAETANO DEVITO, an individual, et al., 23 Defendants. 24 25 26 27 28 ORDER PLAINTIFF’S MOTION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS TO PLAINTIFF’S OPPOSITION TO MOTION BY DEFENDANTS VALLI, GAUDIO, DSHT, INC., DODGER THEATRICALS, LTD., AND JERSEY BOYS BROADWAY LIMITED PARTNERSHIP FOR PARTIAL SUMMARY JUDGMENT AS TO COUNTS 13 AND 14 OF THE THIRD AMENDED COMPLAINT (DOC. 548), AND CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 12, 13, AND 14 OF THE THIRD AMENDED COMPLAINT Dockets.Justia.com 1 2 Plaintiff Donna Corbello, by her attorneys, and pursuant to the Stipulated Protective 3 Order (Doc. 94) entered into by the parties, and the Court’s Protective Order Governing 4 Confidentiality of Documents entered on January 5, 2009 (“Order Regarding Sealing 5 Requirements”) (Doc. 95), herewith requests leave to file certain documents under seal as 6 exhibits to Plaintiff’s Opposition to the Motion by Defendants Valli, Gaudio, DSHT, Inc., 7 Dodger Theatricals, Ltd., and Jersey Boys Broadway Limited Partnership for Partial Summary 8 Judgment as to Counts 13 and 14 of the Third Amended Complaint (Doc. 548), and Cross9 Motion for Partial Summary Judgment on Counts 12, 13, and 14 of the Third Amended 10 Complaint (“Opposition: Defendants’ Partial MSJ”). MEMORANDUM OF POINTS AND AUTHORITIES 11 12 Pursuant to her obligations under the Stipulated Protective Order and Order Regarding 13 Sealing Requirements, Plaintiff seeks an order permitting her to file the following documents 14 under seal, which were produced by Defendants Frankie Valli, Robert J. Gaudio, Marshall 15 Brickman, Eric S. Elice, DSHT, Inc., Dodger Theatricals, Inc., and/or JB Viva Vegas, LP (the 16 “New Defendants”), and/or by third party BASE Las Vegas Jersey Boys, and marked 17 “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL” thereby, which she intends to attach as 18 exhibits to her Opposition: Defendants’ Partial MSJ: 19 x 20 21 entitled “Untitled Tommy DeVito/Four Season Biography.” x 22 23 JB-0032771 through JB-0033049 consisting of an unpublished literary work JB-0000104 through JB-0000107 consisting of the 1999 Agreement entered into between Defendants DeVito, Gaudio, and Valli. x JB-0005239 through JB-0005261 consisting of the Metropolitan Group 24 Agreement entered into between Defendants Gaudio and Valli and the 25 Metropolitan Entertainment Group and Tony Adams. 26 27 x JB-0002479 through JB-0002483 consisting of the Writers’ Agreement entered into between Defendants DeVito, Gaudio, Brickman and Elice. 28 2 2449311.1 1 x JB-0002489 through JB-0002522 consisting of the LaJolla Playhouse Agreement 2 entered into between Defendants DeVito, Gaudio, Brickman, Elice, and the 3 LaJolla Playhouse. 4 x JB-0000064 through JB-0000103 consisting of the 2004 Production Agreement 5 entered into between Defendants DeVito, Gaudio, and Defendants DSHT and/or 6 Dodger Theatricals. 7 x JB-0001024, JB-0001188, and JB-0001243 consisting of Defendant Gaudio’s 8 deposition taken on May 2, 2006, in Defendant Valli’s divorce proceedings in Los 9 Angeles, California. 10 x Timeline prepared by Jason Baruch. 11 12 x x x x x x JB-0087326 through JB-0087342 consisting of an unsigned agreement between JB Maple Leaf and JB Canada Licensing LP. 23 24 JB-0087299 through JB-0087303 consisting of the license agreement between Jersey Boys Broadway and JB First National Tour. 21 22 JB-0091063, JB-0087028 and JB-0086958 consisting of selected partnership K-1s for Jersey Boys Broadway Limited Partnership. 19 20 JB-0086317 through JB-0086329 consisting of a check and the Subscription Agreement for the Canadian production of Jersey Boys. 17 18 JB-0027295 through JB-0027296 consisting of an e-mail string between Defendants Elice, Brickman, and Michael David, dated January 23, 2004. 15 16 JB-0002608 through JB-0002612 consisting of the Limited Partnership Agreement of Jersey Boys Broadway Limited Partnership. 13 14 JB-0026696 through JB-0026703 consisting of the Four Season Partnership x JB-0087547 through JB-0087567 consisting of a Stock Purchase and Settlement 25 and Separation Agreement between Chios Investments, Defendant David and Mr. 26 Edward Strong. 27 28 x JB-0085460 through JB-0085473 consisting of the Jersey Boys Broadway Limited Partnership Subscription Agreement. 3 2449311.1 1 x Agreement of JB First National Tour, LP. 2 3 x x x x x x JB-0087304 through JB-0087307 consisting of the License Agreement between JB Worldwide Licensing to Jersey Boys UK, Ltd. 14 15 JB-0087053 through JB-0087056 consisting of the License Agreement between JB Broadway and JB Worldwide Licensing. 12 13 JB-0085780 through JB-0085806 consisting of the Limited Partnership Agreement of JB London Investor. 10 11 JB-0085955 through JB-0085982 consisting of the Limited Partnership Agreement of JB Viva Vegas. 8 9 BASE 00001 through BASE 00030 consisting of the letter agreement between BASE Las Vegas Jersey Boys and Jersey Boys Broadway LP. 6 7 JB-0086041 through JB-0086068 consisting of the Limited Partnership Agreement of JB Chicago Zephyr. 4 5 JB-0085861 through JB-0085888 consisting of the Limited Partnership x JB-0087253 through JB-0087298 consisting of the Principal Investor Agreement 16 between JB Australia Management LLC, NewTheatricals Pty Ltd and Dainty 17 Consolidated. 18 x Jersey Boys Australia Investor LLC. 19 20 x x 25 JB-0006110 consisting of correspondence from Michael David to Bob Crewe, dated September 6, 2004. 23 24 JB-0025627 through JB-0025639 consisting of monthly financial statements for Jersey Boys Broadway LP. 21 22 JB-0085620 through JB-0085648 consisting of the Operating Agreement of x JB-0085474 through JB-0085497 consisting of the Limited Partnership Agreement of JB First National Tour LP. 26 I. ARGUMENT 27 There is an exception to the normal presumption of access to judicial records, for “sealed 28 discovery document[s] [attached] to a non-dispositive motion,” such that “the usual presumption 4 2449311.1 1 of the public’s right of access is rebutted.” Kamakana v. City & County of Honolulu, 447 F.3d 2 1172, 1179-1180 (9th Cir. 2006) (citing Phillips v. General Motors Corp., 307 F.3d 1206, 1213 3 (9th Cir. 2002)). The public has less of a need for access to court records attached only to non4 dispositive motions because those documents are often “‘unrelated, or only tangentially related, 5 to the underlying cause of action.’” Id. (quoting Seattle Times Co. v. Rhinehart, 467 U.S. 20, 33, 6 104 S. Ct. 2199, 81 L. Ed. 2d 17 (1984)). Moreover, “public policies that support the right of 7 access to dispositive motions, and related materials, do not apply with equal force to non8 dispositive materials.” Id. (citing Phillips, 307 F.3d at 1213). Finally, when a district court 9 grants a protective order to seal documents during discovery, “it already has determined that 10 ‘good cause’ exists to protect this information from being disclosed to the public by balancing 11 the needs for discovery against the need for confidentiality.” Id. Accordingly, “good cause” 12 exists for the filing of the foregoing documents under seal. 13 14 the Pursuant to the Stipulated Protective Order herein, Plaintiff has an obligation to maintain confidentiality of any document marked “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL” by an opposing party, and the documents identified above were so marked by 16 the New Defendants and by BASE Las Vegas Jersey Boys. Accordingly, Plaintiff may not file 17 the documents with the Court without obtaining an Order and/or filing them under seal. 18 Whereas, Plaintiff’s Opposition: Defendants’ Partial MSJ is not a dispositive motion, the filing 19 of these documents under seal falls within the exception to the general presumption of public 20 access carved out by the courts of this Circuit for documents attached to non-dispositive motions. 21 Accordingly, leave to file the subject documents under seal should be granted. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 5 2449311.1 1 /// 2 /// 3 II. CONCLUSION 4 IN VIEW OF THE ABOVE, Plaintiff respectfully requests that her present motion be 5 granted. 6 Dated: September 9, 2011 7 RESPECTFULLY SUBMITTED: 8 /s/ John L. Krieger Gregory H. Guillot George L. Paul John L. Krieger Robert H. McKirgan Attorneys for Plaintiff, Donna Corbello 9 10 11 12 13 14 IT IS SO ORDERED ORDERED: RD RED D: 15 16 U UNITED STATES MAGISTRATE JUDGE ROBERT C. JONES JONES ON D ATED: DATED: This 27t day of October, 20 DA 27 7th DATED: 27th 2011. 17 18 19 20 21 22 23 24 25 26 27 28 6 2449311.1
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