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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION Complete Entertainment Resources LLC d/b/a Songkick, Plaintiff, v. Live Nation Entertainment, Inc.; Ticketmaster LLC, Defendants. CASE NO. 15-cv-9814 DSF (AGRx)
[PROPOSED] ORDER GRANTING PLAINTIFF COMPLETE ENTERTAINMENT RESOURCES LLC
’
S MOTION TO COMPEL PRODUCTION, FORENSIC SEARCH, AND RESPONSE TO INTERROGATORY NO. 1
Ticketmaster LLC, Counter Claimant, v. Complete Entertainment Resources LLC d/b/a Songkick, Counter Defendant.
Case 2:15-cv-09814-DSF-AGR Document 91-3 Filed 10/05/16 Page 1 of 4 Page ID #:3097
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-- 1 -- THIS MATTER comes before this Court upon the Motion to Compel filed by
Plaintiff Complete Entertainment Resources LLC (“Songkick”). The Court, having considered Songkick’s motion and declarations in support thereof, opposing
materials submitted by Defendants Live Nation Entertainment, Inc.
(“LNE”)
and Ticketmaster, LLC (
“Ticketmaster” and t
ogether with LNE
, “Defendants”), Songkick’s reply materials submitted
in further support of the motion, and the evidence and argument presented at the hearing on this motion, and all matters of which this Court may take judicial notice, and being fully advised, hereby orders: 1. Defendants shall submit to a forensic search or, alternatively, a forensic image of their computer systems, by an neutral third-party forensic expert, by no later than November 15, 2016. The forensic search, or alternatively the forensic image, shall include all share drives, individual desktop computers, laptops, servers, databases, tablet computers, and all other computer system locations reasonably likely to hold responsive documents. It shall identify all documents still in existence and all documents capable of recovery, which are
responsive to Songkick’s discovery
requests provided that the documents were created, modified, sent, received, or otherwise exchanged between February 2014 through December 2015. The forensic search will identify any responsive documents for Greg Schmale, Michael Rapino, Cole Gahagan, Jared Smith, Rich Palmese, and Carrie Phillips Trimble. Defendants will bear all costs of the forensic search and forensic image. Defendants shall agree with Songkick on selection of a neutral third-party forensic search vendor within five (5) days of this Order. If Defendants are unable to agree with Songkick on the selection of a neutral third-party vendor, Songkick will inform the Court and provide the names of three vendor alternatives, and the Court will then select the vendor
from Songkick’s three alternatives
. In addition, the vendor shall prepare a report on the status of
Defendants’ litigation hold mea
sures. Defendants shall also supplement their production to the extent possible based on their document
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-- 2 -- retention, and shall provide a declaration showing what steps were taken to locate
documents responsive to Songkick’s discovery requests.
2. Defendants shall produce all data responsive to Request Nos. 14, 44, 52, and 81
(“Ticket Sales Data Requests”)
by no later than November 15, 2016. Defendants shall
pay Songkick’s costs
associated with pursuing its Motion to Compel with respect to the Ticket Sales Data Requests. 3. As soon as possible, and by no later than November 15, 2016, Defendant LNE shall produce all
materials responsive to Songkick’s Requests for Production
Nos. 19-51, 53-60, 63-64, 67-71, 74-76, 78, 80-90, 92, 94-96, and 98. Specifically, LNE shall review and produce all non-privileged, responsive documents from the approximately 55,000 documents th
at LNE’s counsel has already collected from the
custodial files of LNE Custodians Mark Campana, Bob Roux, Ryan McElrath, David Zedeck, Bill Dwight, Omar Al-Joulani, Brad Wavra, and Kelly Stelbasky. 4. As soon as possible, and by no later than November 15, 2016, Defendants shall provide a complete
response to Songkick’s Interrogatory No. 1
. To the extent Defendants do not know the full list of venues that Defendants contend must adhere to
Defendants’
fan club policy, Defendants shall state in their interrogatory response that they are unable to answer because they lack knowledge based on the information available to them following a reasonable inquiry. 5. So as to ensure that discovery proceeds in acco
rdance with Judge Fischer’s
schedule, if Defendants cannot produce all documents set forth above no later than November 15, 2016, this Court hereby recommends to Judge Fischer that any related follow-up discovery be permitted beyond the January 2017 discovery cutoff.
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