Case 2:15-cv-09814-DSF-AGR Document 91-3 Filed 10/05/16 Page 1 of 4 Page ID #:3097

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.

Ticketmaster LLC,

Counter Claimant,

v.

Complete Entertainment Resources

LLC d/b/a Songkick,

Counter Defendant.

CASE NO. 15-cv-9814 DSF (AGRx)

[PROPOSED] ORDER GRANTING
PLAINTIFF COMPLETE
ENTERTAINMENT RESOURCES
LLCS MOTION TO COMPEL
PRODUCTION, FORENSIC
SEARCH, AND RESPONSE TO
INTERROGATORY NO. 1

Case 2:15-cv-09814-DSF-AGR Document 91-3 Filed 10/05/16 Page 2 of 4 Page ID #:3098

THIS MATTER comes before this Court upon the Motion to Compel filed by

2 Plaintiff Complete Entertainment Resources LLC (Songkick). The Court, having

3 considered Songkicks motion and declarations in support thereof, opposing
4 materials submitted by Defendants Live Nation Entertainment, Inc. (LNE) and
5 Ticketmaster, LLC (Ticketmaster and together with LNE, Defendants),
6 Songkicks reply materials submitted in further support of the motion, and the
7 evidence and argument presented at the hearing on this motion, and all matters of
8 which this Court may take judicial notice, and being fully advised, hereby orders:
9 1.

Defendants shall submit to a forensic search or, alternatively, a forensic image

10 of their computer systems, by an neutral third-party forensic expert, by no later than

11 November 15, 2016. The forensic search, or alternatively the forensic image, shall
12 include all share drives, individual desktop computers, laptops, servers, databases,
13 tablet computers, and all other computer system locations reasonably likely to hold
14 responsive documents. It shall identify all documents still in existence and all
15 documents capable of recovery, which are responsive to Songkicks discovery
16 requests provided that the documents were created, modified, sent, received, or
17 otherwise exchanged between February 2014 through December 2015. The forensic
18 search will identify any responsive documents for Greg Schmale, Michael Rapino,
19 Cole Gahagan, Jared Smith, Rich Palmese, and Carrie Phillips Trimble. Defendants
20 will bear all costs of the forensic search and forensic image. Defendants shall agree
21 with Songkick on selection of a neutral third-party forensic search vendor within
22 five (5) days of this Order. If Defendants are unable to agree with Songkick on the
23 selection of a neutral third-party vendor, Songkick will inform the Court and
24 provide the names of three vendor alternatives, and the Court will then select the
25 vendor from Songkicks three alternatives. In addition, the vendor shall prepare a
26 report on the status of Defendants litigation hold measures. Defendants shall also
27 supplement their production to the extent possible based on their document
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Case 2:15-cv-09814-DSF-AGR Document 91-3 Filed 10/05/16 Page 3 of 4 Page ID #:3099

1 retention, and shall provide a declaration showing what steps were taken to locate
2 documents responsive to Songkicks discovery requests.
3 2.

Defendants shall produce all data responsive to Request Nos. 14, 44, 52, and

4 81 (Ticket Sales Data Requests) by no later than November 15, 2016. Defendants
5 shall pay Songkicks costs associated with pursuing its Motion to Compel with
6 respect to the Ticket Sales Data Requests.
7 3.

As soon as possible, and by no later than November 15, 2016, Defendant

8 LNE shall produce all materials responsive to Songkicks Requests for Production
9 Nos. 19-51, 53-60, 63-64, 67-71, 74-76, 78, 80-90, 92, 94-96, and 98. Specifically,
10 LNE shall review and produce all non-privileged, responsive documents from the
11 approximately 55,000 documents that LNEs counsel has already collected from the
12 custodial files of LNE Custodians Mark Campana, Bob Roux, Ryan McElrath,
13 David Zedeck, Bill Dwight, Omar Al-Joulani, Brad Wavra, and Kelly Stelbasky.
14 4.

As soon as possible, and by no later than November 15, 2016, Defendants

15 shall provide a complete response to Songkicks Interrogatory No. 1. To the extent

16 Defendants do not know the full list of venues that Defendants contend must adhere
17 to Defendants fan club policy, Defendants shall state in their interrogatory response
18 that they are unable to answer because they lack knowledge based on the
19 information available to them following a reasonable inquiry.
20 5.

So as to ensure that discovery proceeds in accordance with Judge Fischers

21 schedule, if Defendants cannot produce all documents set forth above no later than
22 November 15, 2016, this Court hereby recommends to Judge Fischer that any
23 related follow-up discovery be permitted beyond the January 2017 discovery cutoff.
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Case 2:15-cv-09814-DSF-AGR Document 91-3 Filed 10/05/16 Page 4 of 4 Page ID #:3100

IT IS SO ORDERED.

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4 Dated:
5

Hon. Alicia G. Rosenberg

United States Magistrate Judge

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