Las Vegas Sun, Inc. v. Adelson

Opinion

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 18 LAS VEGAS SUN, INC., Case No. 2:19-cv-01667-ART-MDC 19 Plaintiff, ORDER GRANTING 20 v. STIPULATION REGARDING SEALING 21 DEFENDANTS’ OPPOSITION TO SHELDON ADELSON, et al., PLAINTIFF/ COUNTERDEFENDANTS’ 22 MOTION FOR PARTIAL Defendants. RECONSIDERATION OF ORDER 23 (ECF NO. 970) [ECF NO. 980] 24 AND RELATED COUNTERCLAIM 25 26 27 28 1 Plaintiff/Counterdefendant LAS VEGAS SUN, INC., and Counterdefendants BRIAN 2 GREENSPUN and GREENSPUN MEDIA GROUP, LLC (collectively the “Sun”), by and through 3 their counsel Lewis Roca Rothgerber Christie LLP, Pisanelli Bice PLLC, and the Alioto Law Firm, 4 and Defendant/Counterclaimant LAS VEGAS REVIEW-JOURNAL, INC., and Defendants 5 NEWS+MEDIA CAPITAL GROUP LLC, THE ESTATE OF SHELDON ADELSON, PATRICK 6 DUMONT, and INTERFACE OPERATIONS LLC dba ADFAM (collectively “Defendants”), by 7 and through their counsel of record, Kemp Jones, LLP, Jenner & Block LLP, and Richard L. Stone, 8 Esq., hereby stipulate and agree as follows: 9 1. On March 18, 2022, the Court ordered, inter alia, the parties to meet and confer 10 prior to filing any additional motions to seal. ECF No. 619. The parties met-and-conferred on May 11 22, 2024, regarding sealing relating to Defendants’ Opposition to Plaintiff/Counterdefendants’ 12 Motion for Partial Reconsideration of Order (ECF No. 970) [ECF No. 980] (the “Opposition”). 13 Lucy Crow, on behalf of the Sun, and Kristen Green, on behalf of Defendants, engaged in a meet 14 and confer. 15 2. The parties agree that the following, and any references thereto, are appropriate for 16 sealing and meet the compelling reasons standard under Kamakana v. City and County of 17 Honolulu, 447 F.3d 1172 (9th Cir. 2006). The parties agree that all 2019 arbitration materials have 18 previously been ordered sealed by the Nevada State District Court and the Nevada Supreme Court. 19 This Court has agreed that they shall remain sealed in these proceedings. Exhibits B–P listed below 20 are materials from the 2019 arbitration or are materials from the state-court action that reference 21 confidential information from the 2019 arbitration and should therefore be sealed. 22  Exhibit B: Demand for Arbitration of Claimant Las Vegas Sun, Inc., dated February 23 12, 2018, and filed in AAA. 24  Exhibit C: Excerpts of Claimant Las Vegas Sun’s Statement in Support of Demand 25 for Arbitration, dated February 12, 2018, filed in AAA and produced in this action 26 [DEFS0201245-0201411]. Defendants have designated this document as 27 “Confidential” pursuant to the parties’ Protective Order. 28 1  Exhibit D: Correspondence of Respondents News+Media Capital Group LLC and Las 2 Vegas Review Journal, Inc., to counsel for Claimant Las Vegas Sun, Inc. and to AAA, 3 contesting AAA jurisdiction to proceed with arbitration, dated March 22, 2018. 4  Exhibit E: Excerpts of Robert Cauthorn’s Deposition Transcript in AAA, dated March 5 27, 2019. 6  Exhibit F: Excerpts of Robert Cauthorn’s Testimony in AAA, dated April 26, 2019. 7  Exhibit G: Excerpts of Claimant Las Vegas Sun, Inc.’s Pre-Hearing Brief in AAA, 8 dated April 8, 2019. 9  Exhibit H: Excerpts of Claimant Las Vegas Sun, Inc.’s Opening Statements in AAA, 10 dated April 15, 2019. 11  Exhibit I: Excerpts of Suzy Cain’s testimony in AAA, dated April 16, 2019. 12  Exhibit J: Excerpts of Claimant Las Vegas Sun, Inc.’s Closing Statements in AAA, 13 dated May 9, 2019. 14  Exhibit K: Excerpts of the PowerPoint presentation of Claimant Las Vegas Sun, Inc. 15 in AAA, presented on May 9, 2019. 16  Exhibit L: Excerpts of Claimant’s Post-Hearing Brief filed by Claimant Las Vegas 17 Sun, Inc. in AAA, dated June 3, 2019. 18  Exhibit M: Excerpts of Respondents’ Post-Hearing Brief filed by Respondents 19 News+Media Capital Group LLC and Las Vegas Review Journal, Inc. in AAA, dated 20 June 3, 2019. 21  Exhibit N: Excerpts of Plaintiff’s Motion to Confirm Arbitration Award, in Part, and 22 to Vacate or, Alternatively, Modify or Correct the Award, in Part, filed under seal in 23 the District Court of Clark County, Nevada, dated September 13, 2019. 24  Exhibit O: Excerpts of Plaintiff’s Reply to Defendants’ News+Media Capital Group 25 LLC and Las Vegas Review Journal, Inc.’s Opposition to Plaintiff’s Motion to Confirm 26 Arbitration Award, in Part, and to Vacate or, Alternatively, Modify or Correct the 27 Award, in Part and Defendants’ Conditional Countermotion to Confirm Arbitration 1 Award, in Part, and to Vacate the Award, in Part, filed under seal in the District Court 2 of Clark County, Nevada, dated October 11, 2019. 3  Exhibit P: Excerpts of Answering Brief on Appeal and Opening Brief on Cross- 4 Appeal, filed under seal by Respondent/Cross-Appellant Las Vegas Sun, Inc., in the 5 Supreme Court of Nevada on July 22, 2020. 6  References in the Opposition to the exhibits referenced above. 7  References in the Opposition to the Final Award of Arbitrator in AAA, dated July 2, 8 2019, which was previously filed under seal at ECF No. 510-2 (Ex. B). 9  References in the Opposition to excerpts of Barbara Gottlieb’s Expert Report, dated 10 September 19, 2022, which were previously filed under seal at ECF No. 846-19 (Ex. 11 S). Ms. Gottlieb’s expert report has been designated “Highly Confidential” by the Sun 12 pursuant to the parties’ Protective Order. The report contains sensitive business and 13 financial information and should not be made public. 14 DATED this 23rd day of May, 2024. DATED this 23rd day of May, 2024. 15 LEWIS ROCA ROTHGERBER CHRISTIE KEMP JONES, LLP LLP 16 By: /s/ Lucy Crow By: _/s/ Michael J. Gayan_______________ 17 E.Leif Reid, Esq. (Bar No. 5750) J.Randall Jones, Esq. (Bar No. 1927) Kristen L. Martini, Esq. (Bar No. 11272) Michael J. Gayan, Esq. (Bar No. 11135) 18 Nicole Scott, Esq. (Bar No. 13757) Mona Kaveh, Esq. (Bar No. 11825) Lucy Crow, Esq. (Bar No. 15203) 3800 Howard Hughes Parkway, 17th Fl. 19 One East Liberty Street, Suite 300 Las Vegas, Nevada 89169 20 Reno, Nevada 89501-2128 Amy M. Gallegos (Pro Hac Vice) 21 Joseph M. Alioto (Pro Hac Vice) David R. Singer (Pro Hac Vice) ALIOTO LAW FIRM Alison I. Stein (Pro Hac Vice) 22 One Sansome Street, 35th Floor Andrew G. Sullivan (Pro Hac Vice) San Francisco, California 94104 JENNER & BLOCK LLP 23 515 South Flower Street, Suite 3300 24 Attorneys for Plaintiff/Counterdefendants Los Angeles, California 90024 25 26 27 Richard L. Stone (Pro Hac Vice) > 850 Devon Avenue Los Angeles, California 90024 Attorneys for Defendants/ Counterclaimant 5 6 IT IS SO ORDERED: jlosead Jen Wout Mm 9 United States District Court 10 DATED: May 30, 2024 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28