Samick Musical Instruments Co., Ltd. v. QRS Music Technologies, Inc. et al, No. 2:2015cv00333 - Document 52 (D. Nev. 2016)

Court Description: ORDER granting Plaintiff's ECF No. 50 Motion to Seal. Signed by Magistrate Judge George Foley, Jr on 9/21/2016. (Copies have been distributed pursuant to the NEF - KR)
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Samick Musical Instruments Co., Ltd. v. QRS Music Technologies, Inc. et al Doc. 52 Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 BROWNSTEIN HYATT FARBER SCHRECK, LLP Matthew D. Francis Nevada Bar No. 6978 Arthur A. Zorio State Bar No. 6547 5371 Kietzke Lane Reno, NV 89511 Telephone: (775) 324-4100 Facsimile: (775) 333-8171 Email: mfrancis@bhfs.com Email: azorio@bhfs.com CHOI CAPITAL LAW Boyoon Choi (Pro Hac Vice) Washington Bar No. 44939 520 Pike Tower, Suite 975 Seattle, WA 98101 Telephone: (206) 588-0463 Facsimile: (206) 971-1650 Email: b.choi@choicapitallaw.com Attorneys for Plaintiff Samick Musical Instruments Co., Ltd. 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 SAMICK MUSICAL INSTRUMENTS CO., LTD., a Korean limited company, PLAINTIFF’S MOTION FOR LEAVE TO Plaintiff/ Counter-Defendant FILE THE FOLLOWING UNDER SEAL: 18 19 20 21 22 23 24 Case No. 2:15-cv-00333-MMD-GWF vs. QRS MUSIC TECHNOLOGIES, INC., a Delaware corporation; THOMAS DOLAN, an Individual, 1. PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT AND REOPEN DISCOVERY AND EXHIBITS THERETO; AND 2. AMENDED COMPLAINT AND Defendants/ Counter-Plaintiff EXHIBITS THERETO UNDER SEAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF ; [PROPOSED] ORDER 25 26 Plaintiff Samick Musical Instruments Co., Ltd. (“Plaintiff” or “Samick”) hereby moves 27 this Court for an order sealing Plaintiffs’ Motion For Leave To Amend Complaint And Reopen 28 -1Dockets.Justia.com Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 2 of 4 1 2 3 Discovery and the Exhibits thereto (“Motion”), and the Amended Complaint along with its Exhibits. These documents are filed concurrently with this Motion. In January 2010, Plaintiff Samick and QRS Music Technologies, Inc. (“Defendant QRS”) 4 entered into an Agreement. See September 15, 2016 declaration of Boyoon Choi, ¶ 2. This 5 Agreement forms the basis for the majority of the claims being presently asserted by Plaintiff 6 Samick against Defendant QRS. Id. The 2010 Agreement contains a strict confidentiality 7 provision prohibiting disclosure of the terms of the 2010 Agreement and its accompanying 8 9 10 11 Exhibits to any third party. Id., ¶ 3. The parties have also agreed to keep confidential and under seal the deposition testimony regarding the parties’ financial information. Id. Seeking to honor this Agreement and not breach the terms of the confidentiality 12 provision, Plaintiff seeks permission to file under seal the full version of the Amended 13 Complaint, the 2010 Agreement and its Attachments, as well as the Motion Id. ¶ 4. A redacted 14 version of the Amended Complaint with non-confidential Exhibits A and B has been filed 15 concurrently herewith. Id. As stated above, the Amended Complaint has been redacted because 16 many of the facts and causes of action refer directly to the terms of the 2010 Agreement. Id. 17 18 19 20 21 22 Likewise, Plaintiff seeks to have the Motion and its Exhibits filed under seal to honor the Agreement, and protect the confidential financial information of the parties. Id., ¶ 5. LR 10-5(b) provides in part “…papers filed with the Court under seal shall be accompanied by a motion for leave to file those documents under seal, and shall be filed in accordance with the Court’s electronic filing procedures.” 23 Previously, this Court granted Plaintiff’s motion to file the Original Complaint under 24 seal. Doc. # 12. 25 26 27 In good faith, seeking to honor and not breach the terms of the parties’ 2010 Agreement, Plaintiff Samick requests that this Court grant its Motion to file Plaintiffs’ Motion For Leave To 28 -2- Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 3 of 4 1 2 3 Amend Complaint And Reopen Discovery and Exhibits thereto, as well as the Amended Complaint along with Exhibits under seal. Dated: September 19, 2016 4 By: /s/ Matthew D. Francis BROWNSTEIN HYATT FARBER SCHRECK, LLP Matthew D. Francis Arthur A. Zorio 5371 Kietzke Lane Reno, NV 89511 5 6 7 8 By: /s/ Boyoon Choi CHOI CAPITAL LAW PLLC Boyoon Choi 520 Pike Tower, Suite 975 Seattle, WA 98101 9 10 11 Attorneys for Plaintiff Samick Musical Instruments Co., Ltd. 12 13 14 IT IS ORDERED: 15 16 ________________________________ UNITED STATES DISTRICT JUDGE STATES MAGISTRATE JUDGE 17 18 September 21, 2016 DATED: ________________________ 19 20 21 22 23 24 25 26 27 28 -3- Case 2:15-cv-00333-MMD-GWF Document 50 Filed 09/19/16 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5(b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this 19th day of September, 2016, I served the document entitled PLAINTIFF’S MOTION FOR LEAVE TO FILE THE FOLLOWING UNDER SEAL: 1. PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT AND REOPEN DISCOVERY AND EXHIBITS THERETO; AND 2. AMENDED COMPLAINT AND EXHIBITS THERETO UNDER SEAL, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; [PROPOSED] ORDER, on the parties listed below via the following: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DICKINSON WRIGHT PLLC Eric D. Hone Gabriel A. Blumberg 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113 ehone@dickinsonwright.com gblumberg@dickinsonwright.com Attorneys for Defendants CLYDE SNOW & SESSIONS Jonathan Dale Bletzacker Walter A. Romney, Jr. 201 South Main Street, Suite 1300 Salt Lake City, Utah 84111 jdb@clydesnow.com war@clydesnow.com Attorneys for Defendants Jacob L. Fonnesbeck Smith Corrrell, LLP 50 W. Broadway #1010 Salt Lake City, UT 84101 jfonnesbeck@smithcorrell.com Attorney for Defendants VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for delivery to the foregoing. 17 18 19 20 21 22 VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted. BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. 23 24 VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties. 25 VIA ELECTRONIC SERVICE: by serving via electronic mail. 26 /s/ Nancy R. Lindsley Employee of Brownstein Hyatt Farber Schreck, LLP 27 28 055963\0001\15057429.2 -4- Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 1 of 3 DECLARATION OF BOYOON CHOI 1 2 I, Boyoon Choi, do hereby declare and state as follows: 3 1. I am an attorney at the law firm of Choi Capital Law PLLC located at 520 Pike Street 4 Suite 975, Seattle, Washington 98101. This declaration is based upon my personal 5 knowledge, and is made in support of Plaintiff Samick Musical Instruments Co., Ltd. 6 (“Plaintiff” or “Samick”) Motion to File the Following Under Seal: 1. Plaintiffs’ 7 Motion For Leave To Amend Complaint And Reopen Discovery And Exhibits 8 Thereto; and 2. Amended Complaint And Exhibits Thereto Under Seal. 2. In January 2010, Plaintiff Samick and QRS Music Technologies, Inc. (“Defendant 9 10 QRS”) entered into an Agreement. This Agreement forms the basis for the majority 11 of the claims being presently asserted by Plaintiff Samick against Defendant QRS. 12 3. The 2010 Agreement contains a strict confidentiality provision prohibiting disclosure 13 of the terms of the 2010 Agreement and its accompanying Exhibits to any third party. 14 Additionally, the parties have agreed to keep confidential and under seal the 15 deposition testimony regarding the parties’ financial information. 4. Seeking to honor the Agreement among the parties, and not breach the terms of the 16 17 confidentiality provisions, Plaintiff seeks permission to file the Amended Complaint, 18 the 2010 Agreement and its Attachments under seal. A redacted version of the 19 Complaint with non-confidential Exhibits A and B were filed to initiate this lawsuit. 20 As stated above, the Amended Complaint has been redacted because many of the 21 facts and causes of action refer directly to the terms of the 2010 Agreement. A 22 redacted version of the Amended Complaint accompanies this motion. 5. Also, the accompanying Plaintiffs’ Motion For Leave To Amend Complaint And 23 24 ///// 25 ///// 26 ///// 27 //// 28 //// 1 Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 2 of 3 1 Reopen Discovery and exhibits thereto need to be sealed because the same discuss the terms of 2 the Agreement as well as confidential financial information regarding the parties. 3 I declare under penalty of perjury pursuant to the laws of the State of Nevada that the 4 foregoing is true and correct to the best of my knowledge. 5 Dated: September 15, 2016 at Seattle Washington. By: /s/ Boyoon Choi BOYOON CHOI 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 2:15-cv-00333-MMD-GWF Document 50-1 Filed 09/19/16 Page 3 of 3 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Pursuant to FRCP 5(b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this 19th day of September, 2016, I served the document entitled DECLARATION OF BOYOON CHOI IN SUPPORT OF MOTION TO FILE UNDER SEAL, on the parties listed below via the following: DICKINSON WRIGHT PLLC Eric D. Hone Gabriel A. Blumberg 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113 ehone@dickinsonwright.com gblumberg@dickinsonwright.com Attorneys for Defendants CLYDE SNOW & SESSIONS Jonathan Dale Bletzacker Walter A. Romney, Jr. 201 South Main Street, Suite 1300 Salt Lake City, Utah 84111 jdb@clydesnow.com war@clydesnow.com Attorneys for Defendants Jacob L. Fonnesbeck Smith Corrrell, LLP 50 W. Broadway #1010 Salt Lake City, UT 84101 jfonnesbeck@smithcorrell.com Attorney for Defendants VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for delivery to the foregoing. 16 17 18 19 20 21 VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted. BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. 22 23 VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties. 24 VIA ELECTRONIC SERVICE: by serving via electronic mail. 25 /s/ Nancy R. Lindsley Employee of Brownstein Hyatt Farber Schreck, 26 27 055963\0001\15057615.2 28 3