Magistrate judge does allow reopening of depositions of Zaidi and Mead and possibly Rapino & Smith

U.S. magistrate judge Alicia G. Rosenberg ruled against Songkick lawyers who argued that a last-minute document dump by Ticketmaster was reckless and should be punished via sanctions. Rosenberg denied the motion for sanction but did agree to reopen some depositions.

“We are pleased that this baseless motion was denied in every important respect,” a spokesperson for Live Nation tells Amplify. We also reached out to Songkick for a comment, but have not received a response.

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Rosenberg found that attorneys for Ticketmaster spent thousands of hours reviewing over 700,000 pages of emails as part of the discovery portion of the trial, but missed key documents that should have been turned over to Songkick. The error was discovered following a subpoena “in connection with a government investigation” into hacking allegations by former Ticketmaster employees Zeeshan Zaidi and Stephen Mead.

That led to Ticketmaster handing over an additional 4,000 documents to Songkick, but Rosenberg said that only 1,746 actually contained the words Songkick or CrowdSurge and about half of those emails were industry publications like The Real (yeah baby!).

“Even taking into account the 1,746 documents, Defendants state that the error rate was 0.22 percent (1,746 ÷ 770,026) or, to put it another way, the accuracy rate was 99.78 percent,” Rosenberg wrote in ruling denying court sanctions over the evidentiary findings.

She did however allow Songkick to reopen depositions of Zaidi and Mead based on the new evidence handed over and said that depositions of Live Nation CEO Michael Rapino and Ticketmaster’s Jared Smith could potentially be opened if “good cause was shown.”

“At the hearing, the court was informed that Zaidi and Mead recently resigned after the conclusion of investigations into their respective actions, and are currently represented by separate lawyers,” Rosenberg wrote, later adding “Songkick advised that Zaidi and Mead have indicated they may seek to quash trial subpoenas and, therefore, there is a risk Songkick will not otherwise have an opportunity to confront these witnesses with documents from the Supplemental Production and obtain their testimony.”

Dave Brooks
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Dave Brooks

Founder & Executive Editor at Amplify Media
Dave Brooks has over 15 years experience as a writer, including eight years as the Managing Editor of Venues Today. He started Amplify in 2014 to give the industry its own voice and turn up the volume on live entertainment.
Dave Brooks
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