UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BUTLER, Defendant.

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United States v. Butler
Opinion
No.:CR11 0529 SBA

09-14-2012

UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BUTLER, Defendant.

WILLIAM E. GAGEN, JR. CSB #043832 AMANDA I. BEVINS, CSB#167938 Gagen, McCoy, McMahon, Koss, Markowitz & Raines Attorneys for Defendant CHRISTOPHER BUTLER

SANDRA BROWN ARMSTRONG

WILLIAM E. GAGEN, JR. CSB #043832
AMANDA I. BEVINS, CSB#167938
Gagen, McCoy, McMahon, Koss, Markowitz & Raines
Attorneys for Defendant
CHRISTOPHER BUTLER
APPLICATION AND [PROPOSED]
ORDER TO FILE UNDER SEAL

Sentencing Date: September 21, 2012

UNDER SEAL
Christopher Butler, by and through his counsel William E. Gagen, Jr., hereby moves this Court for an order sealing the application for sealing order, the sealing order, Defendant's Sentencing Memorandum, and all documents related to the Sentencing Memorandum in the above-referenced action. The Sentencing Memorandum relates to an ongoing investigation and the named defendant is in the Dublin Federal Detention Facility. Accordingly, disclosure of these documents may jeopardize Defendant's safety

This application is made on grounds that sentencing documents contain constitutionally-protected information. The individual's right to privacy in such information overrides the public's qualified right of access.

Assistant United States Attorney Hartley West has been contacted and she too has petitioned the Court for an Order to file under seal the Government's Sentencing  Memorandum.

GAGEN, MCCOY, MCMAHON, KOSS,
MARKOWITZ & RAINES
A Professional Corporation
By: _______________
WILLIAM E. GAGEN, JR.
Attorneys for Defendant
CHRISTOPHER BUTLER
ORDER
Upon motion of the Defendant and good cause shown, it is hereby ORDERED that the application for a sealing order, the sealing order, Defendant's Sentencing Memorandum, and all documents related to the Sentencing Memorandum in the above-referenced action, shall be filed under seal by the Clerk until further order of the Court.

_______________
SANDRA BROWN ARMSTRONG
Judge, United States District Court

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 Department of Justice

Office of Public Affairs

---

FOR IMMEDIATE RELEASE

Thursday, December 19, 2019

Justice Department Will Move to Significantly Modify and Extend Consent Decree with Live Nation/Ticketmaster

Justice Department and Live Nation Agree to a Number of Significant Changes, To Extend by Five and Half Years the 2010 Live Nation/Ticketmaster Final Judgment; Live Nation to Pay Costs and Fees to Taxpayers for Enforcement

The Department of Justice’s Antitrust Division will file a petition asking the court to clarify and extend by five and a half years the Final Judgment entered by the Court in United States v. Ticketmaster Entertainment, Inc., et al., Case No. 1:10-cv-00139-RMC (July 30, 2010). This is the most significant enforcement action of an existing antitrust decree by the Department in 20 years.

The 2010 Final Judgment permitted Live Nation to merge with Ticketmaster but prohibited the company from retaliating against concert venues for using another ticketing company, threatening concert venues, or undertaking other specified actions against concert venues for ten years. Despite the prohibitions in the Final Judgment, Live Nation repeatedly and over the course of several years engaged in conduct that, in the Department’s view, violated the Final Judgment. To put a stop to this conduct and to remove any doubt about defendants’ obligations under the Final Judgment going forward, the Department and Live Nation have agreed to modify the Final Judgment to make clear that such conduct is prohibited. In addition, Live Nation has agreed to extend the term of the Final Judgment by five and a half years, which will allow concert venues and American consumers to get the benefit of the relief the Department bargained for in the original settlement. The proposed modifications to the Final Judgment will also help deter additional violations and allow for easier detection and enforcement if future violations occur.

“When Live Nation and Ticketmaster merged in 2010, the Department of Justice and the federal court imposed conditions on the company in order to preserve and promote ticketing competition.” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s enforcement action including the addition of language on retaliation and conditioning will ensure that American consumers get the benefit of the bargain that the United States and Live Nation agreed to in 2010. Merging parties will be held to their promises and the Department will not tolerate transgressions that hurt the American consumer.”

The Department today filed a motion in the U.S. District Court for the District of Columbia to reopen the docket in the underlying action, a necessary step towards filing the petition to clarify and extend the Final Judgment. The Department will file that petition once leave is granted by the court.

The clarifications to the Final Judgment the parties will seek include provisions that:

• Live Nation may not threaten to withhold concerts from a venue if the venue chooses a ticketer other than Ticketmaster;
• A threat by Live Nation to withhold any concerts because a venue chooses another ticketer is a violation of the Final Judgment;
• Withholding any concerts in response to a venue choosing a ticketer other than Ticketmaster is a violation by Live Nation of the Final Judgment;
• The Antitrust Division will appoint an independent monitor to investigate and report on Live Nation’s compliance with the Final Judgment;
• Live Nation will appoint an internal antitrust compliance officer and conduct regular internal training to ensure its employees fully comply with the Final Judgment;
• Live Nation will provide notice to current or potential venue customers of its ticketing services of the clarified and extended Final Judgment; and
• Live Nation is subject to an automatic penalty of $1,000,000 for each violation of the Final Judgment.
• Live Nation will pay costs and fees for the Department’s investigation and enforcement.

Along with the provisions described above, the proposed modifications to the Final Judgment, if approved by the court, include additional safeguards to ensure Live Nation does not punish venues that want to work with competing ticketers, and importantly, extends the term of the Final Judgment for five and half years.

Live Nation Entertainment Inc. is a Delaware corporation headquartered in Beverly Hills, California. It claims to be the largest live entertainment company in the world, active in three principal segments: concert promotion, ticketing services, and sponsorship & advertising. In 2018, Live Nation’s revenues were approximately $10.8 billion.

Ticketmaster is a wholly-owned subsidiary of Live Nation following their merger in 2010. It claims to be the world’s leading live entertainment ticketing sales and entertainment company. In 2018, Ticketmaster’s revenues were approximately $1.5 billion.

Topic(s): 

Antitrust

Component(s): 

Antitrust Division

Press Release Number: 

19-1,424

 

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License Status: Inactive

Address: 930 Culebra Rd, Hillsborough, CA 94010-7232

County: San Mateo County

Phone Number: (650) 340-8378

Fax Number: Not Available

Email: dcooperm@me.com 

Law School: Stanford Univ Law School; Stanford CA 

License Status, Disciplinary and Administrative History

Below you will find all changes of license status due to both non-disciplinary administrative matters and disciplinary actions.

Date	License Status	Discipline	Administrative Action
Present	Inactive
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