Case: National Association of the Deaf v. SiriusXM Holdings Inc.

COMPLAINT against Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25447561)Document filed by Mei Nishimoto, Jazmine Jones, Rebecca Alexander, Amber Martin, National Association of the Deaf, James Munro..(Seelenfreund, Emily) (Entered: 12/09/2021)

CIVIL COVER SHEET filed..(Seelenfreund, Emily) (Entered: 12/09/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Pandora Media, LLC, re: 1 Complaint,. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf, Mei Nishimoto..(Seelenfreund, Emily) (Entered: 12/09/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to SiriusXM Holdings Inc., re: 1 Complaint,. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf, Mei Nishimoto..(Seelenfreund, Emily) (Entered: 12/09/2021)

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Stitcher Media Inc., re: 1 Complaint. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf, Mei Nishimoto..(Seelenfreund, Emily) Modified on 12/10/2021 (sj). (Entered: 12/09/2021)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf, Mei Nishimoto..(Seelenfreund, Emily) (Entered: 12/09/2021)

Notice to Attorney Regarding Deficient Pleading

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Emily Seelenfreund re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; National Association of the Deaf must be added again with party text 'on behalf of its members'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Emily Seelenfreund. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to (none). (sj)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)

Case Designation

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)

Case Designated ECF

Case Designated ECF. (sj)

ELECTRONIC SUMMONS ISSUED as to Pandora Media, LLC..(sj) (Entered: 12/10/2021)

Add Party for Pleading

Notice to Attorney Regarding Deficient Request for Issuance of Summons

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Mei Nishimoto, Jazmine Jones, Rebecca Alexander, Amber Martin, National Association of the Deaf, James Munro, National Association of the Deaf added. Party added pursuant to 1 Complaint,.Document filed by Mei Nishimoto, Jazmine Jones, Rebecca Alexander, Amber Martin, National Association of the Deaf, James Munro, National Association of the Deaf. Related document: 1 Complaint,..(Seelenfreund, Emily)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Emily Seelenfreund to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name in "TO" field must match exactly as pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

REQUEST FOR ISSUANCE OF SUMMONS as to Stitcher Media Inc., re: 1 Complaint,. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Seelenfreund, Emily) (Entered: 12/10/2021)

ELECTRONIC SUMMONS ISSUED as to Stitcher Media Inc...(gp) (Entered: 12/10/2021)

NOTICE OF APPEARANCE by Leah Wiederhorn on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Wiederhorn, Leah) (Entered: 12/13/2021)

NOTICE OF APPEARANCE by Christina Louise Brandt-Young on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Brandt-Young, Christina) (Entered: 12/16/2021)

WAIVER OF SERVICE RETURNED EXECUTED. Pandora Media, LLC waiver sent on 12/20/2021, answer due 2/18/2022. Document filed by Mei Nishimoto; Jazmine Jones; Rebecca Alexander; Amber Martin; National Association of the Deaf(on behalf of itself ); National Association of the Deaf(on behalf of its members); James Munro..(Seelenfreund, Emily) (Entered: 12/20/2021)

WAIVER OF SERVICE RETURNED EXECUTED. SiriusXM Holdings Inc. waiver sent on 12/20/2021, answer due 2/18/2022. Document filed by Mei Nishimoto; Jazmine Jones; Rebecca Alexander; Amber Martin; National Association of the Deaf(on behalf of itself ); National Association of the Deaf(on behalf of its members); James Munro..(Seelenfreund, Emily) (Entered: 12/20/2021)

WAIVER OF SERVICE RETURNED EXECUTED. Stitcher Media Inc. waiver sent on 12/20/2021, answer due 2/18/2022. Document filed by Mei Nishimoto; Jazmine Jones; Rebecca Alexander; Amber Martin; National Association of the Deaf(on behalf of itself ); National Association of the Deaf(on behalf of its members); James Munro..(Seelenfreund, Emily) (Entered: 12/20/2021)

JOINT LETTER MOTION to Stay Proceedings addressed to Judge J. Paul Oetken from Emily Seelenfreund and Leah Wiederhorn dated February 18, 2022. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Seelenfreund, Emily) (Entered: 02/18/2022)

ORDER granting 15 Letter Motion to Stay. Granted. This case is stayed until June 22, 2022. The parties shall file a joint status letter on or before June 29, 2022. The Clerk of Court is directed to close ECF # 15. So ordered. (Signed by Judge J. Paul Oetken on 2/22/2022) (js) (Entered: 02/22/2022)

STATUS REPORT. Joint Status Update Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Seelenfreund, Emily) (Entered: 06/29/2022)

STATUS REPORT. Joint Status Update Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Seelenfreund, Emily) (Entered: 07/13/2022)

NOTICE OF APPEARANCE by Rebecca Catherine Serbin on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Serbin, Rebecca) (Entered: 07/15/2022)

MOTION for Christina Brandt-Young to Withdraw as Attorney for Plaintiffs. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Serbin, Rebecca) (Entered: 07/26/2022)

ORDER granting 20 Motion to Withdraw as Attorney. The parties request that the stay be lifted in this matter. That request is granted. The Clerk of Court is directed to lift the stay. Defendants shall move, answer, or otherwise respond to the complaint on or before August 12, 2022. The motion to withdraw at Docket Number 20 is also granted. The Clerk of Court is directed to terminate Christina Brandt-Young. SO ORDERED. Attorney Christina Louise Brandt-Young terminated. (Signed by Judge J. Paul Oetken on 7/27/2022) (vfr) (Entered: 07/27/2022)

Case Stay Lifted. (vfr)

Set/Reset Deadlines: Pandora Media, LLC answer due 8/12/2022; SiriusXM Holdings Inc. answer due 8/12/2022; Stitcher Media Inc. answer due 8/12/2022. (vfr)

NOTICE OF APPEARANCE by Lee A. Armstrong on behalf of Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Armstrong, Lee) (Entered: 08/12/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Media Corporation for SiriusXM Holdings Inc.. Document filed by SiriusXM Holdings Inc...(Armstrong, Lee) (Entered: 08/12/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Media Corporation, Corporate Parent Sirius XM Holdings Inc. for Pandora Media, LLC. Document filed by Pandora Media, LLC..(Armstrong, Lee) (Entered: 08/12/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Media Corporation, Corporate Parent Sirius XM Holdings Inc. for Stitcher Media Inc.. Document filed by Stitcher Media Inc...(Armstrong, Lee) (Entered: 08/12/2022)

NOTICE OF APPEARANCE by Allison Lindsay Waks on behalf of Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Waks, Allison) (Entered: 08/12/2022)

ANSWER to 1 Complaint,. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Armstrong, Lee) (Entered: 08/12/2022)

ORDER: Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. As further set forth by this Order. Initial Conference set for 9/8/2022 at 02:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/18/2022) (tg) (Entered: 08/18/2022)

MOTION for Robert A. Naeve to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26567744. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc.. (Attachments: # 1 Affidavit Declaration of Robert A. Naeve, # 2 Exhibit Certificate of Good Standing for Robert A. Naeve, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Naeve, Robert) (Entered: 08/18/2022)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Robert A. Naeve to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26567744. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

Notice Regarding Pro Hac Vice Motion

NOTICE OF APPEARANCE by Rebecca Juliet Rodgers on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rodgers, Rebecca) (Entered: 08/23/2022)

MOTION for Emily Seelenfreund to Withdraw as Attorney . Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Seelenfreund, Emily) (Entered: 09/01/2022)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Serbin, Rebecca) (Entered: 09/02/2022)

ORDER granting 31 Motion to Withdraw as Attorney. The letter motion request at Docket Number 31 is granted. The Clerk of Court is directed to terminate attorney Emily Seelenfreund from this action. Attorney Emily Seelenfreund terminated. (Signed by Judge J. Paul Oetken on 9/2/2022) (ate) (Entered: 09/02/2022)

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. The parties shall be ready for trial 2 weeks following Final Pretrial Order. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 8-10 days. The initial telephone conference scheduled for 09/08/2022 is adjourned. The Court approves and so orders the parties' proposed schedule. The parties are directed to commence discovery promptly. The parties shall file a joint status letter on or before February 6, 2023. (Signed by Judge J. Paul Oetken on 9/2/2022) (ate) (Entered: 09/06/2022)

ORDER granting 29 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 09/08/2022)

Order on Motion to Appear Pro Hac Vice

NOTICE OF APPEARANCE by Joshua Morris Rosenthal on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rosenthal, Joshua) (Entered: 09/15/2022)

NOTICE OF APPEARANCE by Benjamin Chasan on behalf of Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Chasan, Benjamin) (Entered: 11/04/2022)

PROPOSED STIPULATION AND ORDER. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Chasan, Benjamin) (Entered: 11/04/2022)

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge J. Paul Oetken on 11/9/2022) (ate) (Entered: 11/09/2022)

PROPOSED STIPULATION AND ORDER. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Chasan, Benjamin) (Entered: 12/22/2022)

STIPULATION ESTABLISHING PROTOCOL FOR DOCUMENT COLLECTION AND PRODUCTION: The plaintiffs, National Association of the Deaf, Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, and Mei Nishimoto, and the defendants, Sirius XM Holdings Inc., Stitcher Media LLC, and Pandora Media, LLC (the plaintiffs and defendants collectively the "Parties"), through their attorneys, agree that the following Stipulation Establishing Protocol for Document Collection and Production (the "Protocol") will govern the discovery of electronically stored information ("ESI") in the above-captioned litigation (the "Action"). The Parties mutually seek to reduce the time, expense, and other burdens of discovery of certain hard copy documents and ESI, and to better define the scope of their obligations with respect to producing such information and materials. This Protocol does not prevent the Parties from negotiating additional agreements regarding discovery as may be necessary in the course of this Action. Nothing in this Protocol shall affect the Parties' respective storage, preservation or production obligations imposed by rule or law. I. PRESERVATION AND PRODUCTION OF DATA. 1. Compliance & No Waiver. By preserving information that is reasonably anticipated to be subject to discovery in this Action in accordance with the terms of this Protocol the Federal Rules of Civil Procedure, or the Local Rules of the Southern District, no party shall be deemed to have waived any objection to particular discovery requests or the scope of discovery. 2. Duty to Preserve. a. All potentially relevant documents, things, and ESI, other than those exempted from preservation in paragraph 4, created before or after the date of entry of this Stipulation and Order, must be preserved in accordance with the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the relevant controlling principles of law. b. Absent a showing of good cause by a party, activities undertaken in compliance with the duty to preserve information are protected from disclosure and discovery. 3. Definition of ESI. ESI includes: e-mail, digital documents such as word documents, spreadsheets, image files, PDFs; data from a custodian's desktop computer; data from a company server or computer system; data from a hard drive; data from cloud applications; digital scans of physical documents. 4. Not Reasonably Accessible ESI. The Parties agree that the circumstances of this Action generally do not warrant the preservation, collection, review, production, or identification on a privilege log of ESI that is not reasonably accessible, unless the party producing discovery (the "Producing Party") believes in good faith that not reasonably accessible ESI is likely to contain significant information not otherwise available in reasonably accessible sources. For purposes of this Paragraph, the Parties agree that the following sources of ESI are not reasonably accessible: a. Data stored in a backup system for the purpose of system recovery or information recovery, including but not limited to: disaster recovery backup tapes and media; continuity of operations systems; and data or system mirrors or shadows. b. Voicemail recordings. c. Delivery or read receipts of emails. d. Mobile devices and ESI or other data stored on mobile devices, including smart phones or tablets. e. Instant/Chat Messaging. f. Legacy Data (e.g., information stored on software or hardware that is outmoded or obsolete, or data whose format has become obsolete and is not and has not been used in the ordinary course since initiation of this action). g. Deleted, erased, or overwritten computer files, whether fragmented or whole, which were deleted in the regular course of business. h. Data stored in Random Access Memory ("RAM"), cache memory, or in temporary or cache files, including internet history, web browser cache, and cookie files, wherever located. i. Encrypted data/password protected files, where the key or password cannot be ascertained absent extraordinary efforts. j. Data stored on printers, photocopiers, scanners, and fax machines. k. Data stored as server, system, or network logs. Nothing in this Protocol prevents any Party from asserting, in accordance with the Federal Rules of Civil Procedure or the Local Rules of the Southern District that other categories of ESI are not reasonably accessible. Nothing in this Protocol constitutes a waiver or prevents any Party from making a specific request for any category of data outlined above if good cause exists, nor waives or prevents a Producing Party from asserting that any such ESI source is not reasonably accessible because of burden or cost. Any assertion that ESI other than as defined in 4(a)-(j) is not reasonably accessible will not obviate a Party's duty to preserve that discovery, under paragraph 2, absent agreement or a Court order to the contrary. 4. Identification of Collection Sources and Search Term Methodologies. The Parties have the right to meet and confer, and shall confer upon request, regarding: (a) the identity and/or role of custodians possessing relevant information from whom documents will be collected and produced; (b) search methodology and search terms, if any, to be applied, and the potential use of technology assisted review ("TAR") or similar technologies; (c) relevant data sources, including custodial, non-custodial, and third-party documents; and (d) any applicable and appropriate time frames for the collection, review, and production of documents. II. ESI PRODUCTION SPECIFICATIONS. 1. Production Formats & Metadata. Except as set forth below, each Party will produce ESI in TIFF format. Documents may be produced as they are kept in the ordinary course of business. Unless not feasible in certain circumstances, all TIFF files will conform to the following specifications: a. TIFF Files. All TIFF files will be single page, black and white TIFF at 300x300 dpi resolution and 81/2 x 11 inch page size, except and to the extent reasonably practicable for documents requiring color or different resolution or page size to be legible and comprehensible. Tracked changes, comments, or notes or other similar information shall be imaged so that this information is captured on the produced image file. b. Production Load Files. Each production of ESI and documents shall include a standard format load file (e.g., Opticon opt, Concordance.Dat, Summation Dii, etc.) containing the production Beginning and Ending Bates numbers and the additional Metadata fields detailed below and the appropriate unitization of the documents and family relationship shall accompany the TIFF production. Except as otherwise agreed by the Parties, all productions shall be made in.opt and.dat file formats. c. Endorsements. All TIFF images shall be branded in the bottom right with a Bates number, using the general format "ABC_00000001." Each page will also be branded in the bottom left corner with the appropriate confidentiality designation consistent with the provisions of a separate Stipulation and Proposed Protective Order governing production and treatment of confidential information in this Action. Bates numbers should contain an alphanumeric prefix followed by an 8-digit number. Any numbers with less than 8 digits will be front padded with zeros to reach the required 8 digits. All ESI produced in TIFF format shall contain a unique Bates number on each page of the document, electronically "burned" onto the image at a location to the extent reasonably possible that does not obliterate, conceal, or interfere with any information from the source document. d. Required Metadata. Parties shall produce the following metadata fields, to the extent reasonable possible, with respect to the original electronic document or information, including files produced natively pursuant to Paragraph II.1.e, below: 1. BegBates. 2. EndBates. 3. BegAttach. 4. EndAttach. 5. Parent Bates. 6. Child Bates. 7. Custodian. 8. From. 9. To. 10. CC. 11. BCC. 12. Subject. 13. Importance. 14. Sensitivity. 15. Date Sent. 16. Date Created. 17. Date Modified. 18. Time Modified. 19. Time Zone. 20. File Name. 21. File Type. 22. File Extension. 23. Deduped Custodian. 24. Document Type. 25. Extracted Text Path. 26. MD5 Hash Values. 27. Confidential Designation. 28. Redaction. 29. Production Volume. e. Native Production. Presentation files (e.g., PowerPoint files), spreadsheet files (e.g., Excel files), audio files, video files, and other file types that cannot be accurately converted to image format as described in Paragraph II.1.a., above, shall be produced in native format, unless such documents are redacted. The Producing Party shall produce a single page TIFF "slip sheet" page for each such file bearing a Bates number. f. Text Files. The presumptive source of extracted text for produced ESI shall be from the native file. Where a document has been redacted and produced in a.TIFF format, OCR may be used to generate text for the text file. g. Color. The Parties agree that their productions will be made in color. h. Parent-Child Relationships. Parent-child relationships (the association between e-mails and attachments) will be preserved. E-mail attachments will be consecutively produced with the parent e-mail record. For example, if a party produces an e-mail with its attachments, such attachments should be produced behind the e-mail in the order in which they were attached. 2. De-Duplication. To the extent identical copies of ESI exist in a Producing Party's files, the Producing Party need only produce one such identical copy. Each Producing party may remove exact duplicate documents based on MD5 or SHA-1 hash values, at the family level. Attachments should not be eliminated as duplicates for purposes of production, unless the parent email and all attachments are also duplicates. An email that includes content in the BCC or other blind copy field shall not be treated as a duplicate of an email that does not include content in those fields, even if all remaining content in the email is identical. a. If global de-duplication is done across the entire collection, the "Deduped Custodian" metadata field, above, will list each agreed production custodian, separated by a semi-colon, who was a source of that document, to the extent such information can be automatically populated by the processing of the documents. b. A party may apply commercially accepted near-duplicate de-duplication software and/or email thread suppression techniques in reviewing and producing ESI. 3. Embedded Objects. Embedded objects or files may be extracted and searched consistent with its category of ESI. Non-substantive embedded files, such as logos, need not be extracted if the identification of such files can be done programmatically. For production purposes, embedded files shall be identified as attachments to the parent document in which the file was embedded, and load files for such embedded files shall refer to the parent document in which the file was embedded. III. HARD COPY PRODUCTION SPECIFICATIONS. 1. Production Formats. Hard copy documents should be scanned and produced electronically. Hard copy documents and attachments should be scanned as single-page, Group IV, 300 DPI TIFF images with an.opt image cross-reference file and a delimited database load file (i.e.,.dat). The database load file should contain the following information: Custodian(s); Begin Bates; End Bates; BegAttach; EndAttach; Confidential Designation; Redaction; OCR Text Path; and Production Volume. a. Where reasonably feasible, hard copy documents should be logically unitized (i.e., distinct documents shall not be merged into a single record, and single documents shall not be split into multiple records) and be produced in the order in which they are kept in the usual course of business. Where possible, original document orientation should be maintained (i.e., portrait to portrait and landscape to landscape) and the Bates number shall be outside of the portions of the imaged pages containing content. b. At the request of the Requesting Party, document pages that have affixed notes, such as Post-it Notes, shall be imaged with and without the note attached. If an original document contains color, then the document produced shall be in color, produced as single-page, 300 DPI JPG images with JPG compression and a high-quality setting as to not degrade the original image. The Parties are under no obligation to enhance an image beyond how it was kept in the usual course of business. c. Multi-page OCR text for each document will also be provided. OCR text files shall be provided as a single text file for each hard copy document, not one text file per page. The File Name itself should match its respective TIFF or JPG File Name. The OCR software shall maximize text quality. Settings such as "auto-skewing" and "autorotation" should be turned on during the OCR process. Notwithstanding the requirements set forth above, absent a showing of good cause, a Producing Party is not obligated to rescan and re-process hard copy documents that were scanned before the entry of this Protocol. 2. If any Party determines that any of the specific requirements in Part III impose an undue burden or otherwise present an issue with respect to compliance, the Parties shall meet and confer regarding that issue, including discussing any appropriate resolution of that issue or alternative process. IV. REDACTIONS. 1. A Producing Party may redact from any TIFF image, metadata field, or native file material that is protected from disclosure by applicable privilege or immunity from discovery, or that is required by applicable law or regulation. Redactions must be limited to only language or information within document deemed protected by a Producing Party. The Producing Party shall identify redactions clearly on the face of any TIFF image (e.g., "Redacted - Privileged"). Redactions for protected information can be made with a black bar. 2. If a document that otherwise would be produced in native format requires redaction, such document may be produced in TIFF format with an OCR text file in accordance with this Protocol. The native file version of redacted documents need not be produced unless the Parties agree otherwise. 3. For any ESI or other discovery withheld, the Parties shall produce a privilege log in accordance with Federal Rule of Civil Procedure 26 and Local Rule of the Southern District 26.2. V. OTHER ISSUES. 1. Encryption. To maximize the security of information in transit, any production may be encrypted. In such cases, the Producing Party shall transmit the encryption key or password to the Requesting Party or identified designee of same, under separate cover, contemporaneously with sending the encrypted media. 2. Production Methods. Unless otherwise agreed, documents and ESI will be produced via a secure FTP site or similar electronic format as mutually agreed upon by the Parties. 3. English Language. To the extent any document exists in more than one language, the document shall be produced in English, if available in the ordinary course of business or in the custodian's files. If no English version of the document is available, the Producing Party does not have an obligation to produce an English translation. 4. Time Zone Standardization. The Parties acknowledge that if the processing time zone for this Action is not standardized across the entire collection, then the email metadata for custodians in the different time zones will be different, because the time (and possibly the date) would be different. As a result, two copies of the same email may fail to be de-duplicated, and the different time zones could create a convoluted chronology. As a result, to the extent reasonably practicable, the Parties agree to produce their ESI standardized to Eastern Standard Time. 5. Stipulation and Proposed Protective Order. The terms of the separate Agreed Protective Order governing production and treatment of confidential information to be filed with Court are incorporated herein by reference and also govern all production pursuant to this Protocol. 6. Further Conferral. If any Party determines that any of the requirements in this Protocol impose an undue burden or otherwise pose an issue with respect to compliance, the Parties shall meet and confer regarding that issue, including discussing, as appropriate, an alternative process or processes. 7. Producing Party's Right to Review Own Documents. Nothing contained herein limits a Producing Party's right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. 8. No Required Disclosure of Privileged Materials. Nothing in this Protocol shall be interpreted to require disclosure of irrelevant information or relevant information protected by the attorney-client privilege, work-product doctrine, or any other applicable privilege or immunity. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/27/2022) (ate) (Entered: 12/27/2022)

LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Allison L. Waks dated 1/24/2023. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Waks, Allison) (Entered: 01/24/2023)

ORDER granting 42 Letter Motion for Extension of Time to Complete Discovery: GRANTED. THE PARTIES SHALL FILE A JOINT STATUS UPDATE ON OR BEFORE MAY 5, 2023. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa) (Entered: 01/25/2023)

Order on Motion for Extension of Time to Complete Discovery

FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Rebecca Alexander. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Serbin, Rebecca) Modified on 3/27/2023 (tp). (Entered: 03/24/2023)

Notice to Attorney Regarding Deficient Voluntary Dismissal

***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Rebecca Serbin. RE-FILE Document No. 44 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): (1) the stipulation of voluntary dismissal was not signed physically by all parties who have appeared; the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Rebecca Alexander. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rosenthal, Joshua) (Entered: 03/28/2023)

Notice to Court Regarding Voluntary Dismissal

***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 45 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)

STIPULATION OF DISMISSAL OF INDIVIDUAL CLAIMS OF PLAINTIFF REBECCA ALEXANDER: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties hereby jointly stipulate to the dismissal of Plaintiff Rebecca Alexander's individual claims, without prejudice as to such claims, and without prejudice as to the claims of any other Plaintiff. The individual claims of the below-named Plaintiff are dismissed without prejudice. The Clerk of Court is directed to terminate the below-named plaintiff. So ordered. Rebecca Alexander terminated. (Signed by Judge J. Paul Oetken on 3/29/2023) (ate) (Entered: 03/29/2023)

LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Joshua Rosenthal dated April 25, 2023. Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rosenthal, Joshua) (Entered: 04/25/2023)

NOTICE OF APPEARANCE by Erin Caitlin Gallagher on behalf of Rebecca Alexander, Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Gallagher, Erin) (Entered: 04/25/2023)

ORDER granting 47 Letter Motion for Extension of Time: Granted. The briefing schedule proposed at ECF No. 47 is so ordered. The parties shall file a joint status update on or before August 2, 2023. The deadline for summary judgment motions is September 6, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa) (Entered: 04/26/2023)

Order on Motion for Extension of Time

PROPOSED STIPULATION AND ORDER. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Waks, Allison) (Entered: 05/15/2023)

NOTICE OF APPEARANCE by Karl Bryant Colbary on behalf of Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Colbary, Karl) (Entered: 05/16/2023)

MEMO ENDORSEMENT on re: 50 Proposed Stipulation and Order filed by Stitcher Media Inc., SiriusXM Holdings Inc., Pandora Media, LLC. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge J. Paul Oetken on 5/16/2023) (ate) (Entered: 05/16/2023)

LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Joshua Rosenthal dated June 26, 2023. Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rosenthal, Joshua) (Entered: 06/26/2023)

ORDER granting 53 Letter Motion for Extension of Time: Granted. The joint proposed briefing schedule at ECF No. 53 is so ordered. The parties shall file a joint status update on or before October 6, 2023. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa) (Entered: 06/27/2023)

Order on Motion for Extension of Time

MOTION for Karl B. Colbary to Withdraw as Attorney . Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc.. (Attachments: # 1 Affidavit of Karl B. Colbary).(Colbary, Karl) (Entered: 07/20/2023)

ORDER granting 55 Motion to Withdraw as Attorney: Granted. Attorney Karl Bryant Colbary terminated. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa) Transmission to Attorney Services/Help Desk. (Entered: 07/21/2023)

Order on Motion to Withdraw as Attorney

LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Joshua Rosenthal dated September 7, 2023. Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rosenthal, Joshua) (Entered: 09/07/2023)

ORDER granting 57 Letter Motion for Extension of Time: Granted. The proposed extensions of the discovery deadlines are approved. The parties shall file a joint status letter by October 27, 2023, in which they are directed to (1) report on the status of expert discovery, and (2) address whether the parties wish to be referred to the designated magistrate judge or the Court's mediation program for a settlement conference, and if so, whether the parties wish to temporarily adjourn the deadlines for summary judgment briefing. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 09/08/2023)

Order on Motion for Extension of Time

LETTER addressed to Judge J. Paul Oetken from Allison L. Waks dated October 5, 2023 re: Settlement Conference. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Waks, Allison) (Entered: 10/05/2023)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Dale E Ho. Judge J. Paul Oetken is no longer assigned to the case..(kgo)

NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Dale E Ho is no longer assigned to the case. (tro)

MOTION for Rebecca Rodgers to Withdraw as Attorney . Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rodgers, Rebecca) (Entered: 10/27/2023)

Order on Motion to Withdraw as Attorney

ORDER granting 60 Motion to Withdraw as Attorney: Granted. The Clerk of the Court is directed to terminate Rebecca Juliet Rodgers as an attorney of record in this case. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (sc) (Entered: 10/27/2023)

JOINT LETTER addressed to Judge J. Paul Oetken from Joshua Rosenthal and Allison L. Waks dated October 27, 2023 re: Joint Status Letter. Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto..(Rosenthal, Joshua) (Entered: 10/27/2023)

ORDER: The parties shall file a joint status update on or before November 10, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (sc) (Entered: 10/31/2023)

Order

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jinny Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28531868. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jazmine Jones, Amber Martin, James Munro, National Association of the Deaf(on behalf of itself ), National Association of the Deaf(on behalf of its members), Mei Nishimoto. (Attachments: # 1 Affidavit of Jinny Kim, # 2 Exhibit Certificate of good standing, # 3 Proposed Order in support of motion for Pro Hac Vice).(Rosenthal, Joshua) Modified on 11/6/2023 (vba). (Entered: 11/06/2023)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 64 MOTION for Jinny Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28531868. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)

LETTER addressed to Judge J. Paul Oetken from Allison Waks dated November 10, 2023 re: Joint Status Update. Document filed by Pandora Media, LLC, SiriusXM Holdings Inc., Stitcher Media Inc...(Waks, Allison) (Entered: 11/10/2023)