Opinion
1:21-cv-07059-JMF
06-16-2022
GOLDEN UNICORN ENTERPRISES, INC., and BIG DOG BOOKS, LLC, on behalf of themselves and all those similarly situated, Plaintiffs, v. AUDIBLE, INC., Defendant.
Thad McIlroy LAW OFFICES OF JAMES SCOTT FARRIN Gary W. Jackson (NYC Bar No. 2013779) Christopher R. Bagley (admitted pro hac vice) Daniel Bryson Mitchell Breit Andrei V. Rado MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC Attorneys for Plaintiffs Golden Unicorn Enterprises, Inc., and Big Dog Books, LLC FENWICK & WEST LLP Brian Buckley (admitted pro hac vice) Deena J.G. Feit (admitted pro hac vice) Wenbo Zhang (NY Bar No. 5623186) FENWICK & WEST LLP Jedediah Wakefield (admitted pro hac vice) Kathryn J. Fritz (NY Bar No. 2078483) Nicholas A. Santos (admitted pro hac vice) Attorneys for Defendant Audible, Inc.
Thad McIlroy
LAW OFFICES OF JAMES SCOTT FARRIN
Gary W. Jackson (NYC Bar No. 2013779)
Christopher R. Bagley (admitted pro hac vice)
Daniel Bryson
Mitchell Breit
Andrei V. Rado
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
Attorneys for Plaintiffs Golden Unicorn Enterprises, Inc., and Big Dog Books, LLC
FENWICK & WEST LLP
Brian Buckley (admitted pro hac vice)
Deena J.G. Feit (admitted pro hac vice)
Wenbo Zhang (NY Bar No. 5623186)
FENWICK & WEST LLP
Jedediah Wakefield (admitted pro hac vice)
Kathryn J. Fritz (NY Bar No. 2078483)
Nicholas A. Santos (admitted pro hac vice)
Attorneys for Defendant Audible, Inc.
ADDENDUM TO THE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
JUDGE JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE:
WHEREAS, all parties to this action entered a Stipulated Confidentiality Agreement and Protective Order, which was entered by this Court on February 16, 2022. See Dkt. 44.
WHEREAS, the Stipulated Confidentiality Agreement and Protective Order provides a Producing Party an opportunity to object to the disclosure of material designated Highly Confidential to a proposed expert within seven days of receiving notice from the party requesting to disclose the material. See Dkt. 44 ¶ 11.c.
WHEREAS, Defendant Audible, Inc., has designated certain materials it has produced as Confidential and Highly Confidential under the Stipulated Confidentiality Agreement and Protective Order.
WHEREAS, Plaintiffs have engaged a proposed expert, Thad McIlroy, and Plaintiffs seek to show Mr. McIlroy materials that Audible has designated as Confidential and Highly Confidential.
WHEREAS, Audible contends that Mr. McIlroy's receipt of Audible's Confidential and Highly Confidential materials could cause harm to Audible due to risk of use of confidential information in Mr. McIlroy's businesses and potential business activities.
WHEREAS, Audible contends that the Non-Disclosure Agreement in the Stipulated Confidentiality Agreement and Protective Order is not sufficient to prevent this risk of harm.
WHEREAS, Audible timely objected to the disclosure of material designated Highly Confidential to Mr. McIlroy pursuant to section 11.c of the Stipulated Confidentiality Agreement and Protective Order.
WHEREAS, to resolve these concerns, Mr. McIlroy and the Parties agree to the following further protections; and
WHEREAS, this Court finds good cause exists for the issuance of an addendum to the Stipulated Confidentiality Agreement and Protective Order to provide Mr. McIlroy with Audible's Confidential and Highly Confidential documents, while protecting Audible from a risk of harm.
IT IS HEREBY ORDERED that Mr. McIlroy will adhere to the following terms, upon pain of contempt:
1. For a period of three years from the date of this order, Mr. McIlroy will not consult for any client (publisher, author, group representing authors, narrator, group representing narrators, agent) in connection with negotiations with Audible;
2. For a period of three years from the date of this order, Mr. McIlroy will not consult for an Audible competitor regarding negotiations related to audiobooks or comparable audio medium with publishers, authors, narrators, or groups representing authors or narrators.
3. These terms do not replace any of the provisions of the Stipulated Confidentiality and Protective Order, which remains in full force and effect.
SO STIPULATED AND AGREED.
Dated: June 15, 2022
Thad McIlroy
LAW OFFICES OF JAMES SCOTT FARRIN
Gary W. Jackson (NYC Bar No. 2013779)
Christopher R. Bagley (admitted pro hac vice)
Daniel Bryson
Mitchell Breit
Andrei V. Rado
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
Attorneys for Plaintiffs Golden Unicorn Enterprises, Inc., and Big Dog Books, LLC
FENWICK & WEST LLP
Brian Buckley (admitted pro hac vice)
Deena J.G. Feit (admitted pro hac vice)
Wenbo Zhang (NY Bar No. 5623186)
FENWICK & WEST LLP
Jedediah Wakefield (admitted pro hac vice)
Kathryn J. Fritz (NY Bar No. 2078483)
Nicholas A. Santos (admitted pro hac vice)
Attorneys for Defendant Audible, Inc.
SO ORDERED.