Court accepts Coliseum Attorney Charles Slyngstad’s (pictured left) argument that language was unclear
Attorney Gary Jay Kaufman was hoping to have the seven-year-old case against Pasquale Rotella and Insomniac dismissed after Slyngstad allegedly published an evidentiary file that had been marked as “attorney’s eyes only,” but the judge in the case rejected the argument and allowed the case to move forward.
“‘Attorney’s eyes only’ are three simple words used all the time in the litigation process,” Kaufman protested to Los Angeles County Superior Court Judge Dalila Lyons during a heated 20-minute hearing.
“This wasn’t a stipulation between the parties, this was a hard-fought discovery battle that cost thousands of dollars before a discovery referee who made a finding,” that a Live Nation purchase agreement of Insomniac was not to be disclosed to the public, he said. Kaufman said a provision in the contract allowing for the creation of a $2 million settlement fee would prejudice a jury.
Lyons wasn’t persuaded, telling Kaufman “you should have put the meaning of ‘attorney’s eyes only’ in writing because some attorneys think it means they can’t share it with their agents or experts, others think they can. In the future, you should be more clear on the definition” prior to releasing evidence” to Slyngstad.
For his part, Slyngstad said he disclosed the confidential information in a separate civil case to prevent Rotella from hiding his assets from the Coliseum.
“In no circumstances did I understand that getting that material in response to the discovery order that I could not even know the information or even use it in settlement discussions,” he said. “If that’s the kind of severity they wanted, it’s incumbent on them to clarify what it meant.”
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