Pecover et al v. Electronic Arts Inc.

Filing 30

STIPULATION AND PROTECTIVE ORDER REGARDING EXPERT DISCOVERY re 29 filed by Jeffrey Lawrence, Geoffrey Pecover. Signed by Chief Judge Vaughn R Walker on 12/12/2008. (cgk, COURT STAFF) (Filed on 12/12/2008)

Case 3:08-cv-02820-VRW

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Shana E. Scarlett (217895) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: [phone] Facsimile: [phone] [e-mail] Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs [Additional counsel listed on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GEOFFREY PECOVER and JEFFREY LAWRENCE, on behalf of themselves and a class of persons similarly situated, Plaintiffs, v. ELECTRONIC ARTS, INC., a Delaware Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-02820 VRW STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING EXPERT DISCOVERY

ACTION FILED: June 5, 2008

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COUNSEL FOR THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. In order to avoid consuming the parties' and the Court's time and resources on

potential discovery issues relating to experts, the parties have agreed to certain limitations on the scope of expert-related discovery and testimony in this matter. Neither the terms of this Stipulation nor the parties' agreement to them implies that any of the information restricted from discovery in this Stipulation would otherwise be discoverable. 2. The following categories of data, information, or documents need not be disclosed

by any party, and are outside the scope of permissible discovery (including deposition questions): a. Any notes or other writings taken or prepared by or for an expert witness in

connection with this matter including, but not limited to, correspondence or memos to or from, and notes of conversations with, the expert's assistants and/or clerical or support staff, other expert witnesses or non-testifying expert consultants, or attorneys for the party offering the testimony of such expert witness, unless the expert witness is relying upon those notes or other writings in connection with the expert witness' opinions in this matter; b. Draft reports, draft studies, or draft work papers; preliminary or intermediate

calculations, computations, or data runs; or other preliminary, intermediate or draft materials prepared by, for or at the direction of an expert witness, but any documents, data or computer programs, relied on or used to generate final results relied on by the expert shall be subject to discovery and shall be produced; and c. Any oral or written communication between an expert witness and the

expert's assistants and/or clerical or support staff, other expert witnesses or non-testifying expert consultants, or attorneys for the party offering the testimony of such expert witness, unless the expert witness is relying upon the communication in connection with the expert witness' opinions in this matter. d. In addition to the limitations on discovery set forth in paragraph 2 above, the

parties agree that other data or information that may have been considered by an expert but was not relied on by the expert in forming her or his opinions need not be disclosed or produced. Nothing in paragraphs 2 or 3 however, shall be construed to prevent substantive deposition questions with STIP. AND [PROPOSED] PROT. ORDER RE PRODUCTION -1OF EXPERT INFORMATION ­ 08-cv-02820 VRW
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respect to any data or other non-privileged information that may be relevant to the substance of the expert's opinions (including alternative theories, methodologies, variables or assumptions that the expert may have considered in formulating her or his opinions or in preparing her or his report). 3. To the extent that the specific stipulations agreed to herein waive disclosure

requirements under Federal Rules of Civil Procedure 26(a)(2)(B) or (C), the Parties agree to such waiver. IT IS SO STIPULATED. DATED: December 10, 2008 HAGENS BERMAN SOBOL SHAPIRO LLP By /s/ Shana E. Scarlett SHANA E. SCARLETT

715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: [phone] Facsimile: [phone] [e-mail] Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] [e-mail] Steve W. Berman (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs DATED: December 10, 2008 LATHAM & WATKINS LLP By /s/ Timothy L. O'Mara TIMOTHY L. O'MARA

STIP. AND [PROPOSED] PROT. ORDER RE PRODUCTION OF EXPERT INFORMATION ­ 08-cv-02820 VRW
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Daniel M. Wall (102580) 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 Telephone: [phone] Facsimile: [phone] -2-

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STIP. AND [PROPOSED] PROT. ORDER RE PRODUCTION OF EXPERT INFORMATION ­ 08-cv-02820 VRW
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[e-mail] [e-mail] Attorneys for Defendant I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING EXPERT DISCOVERY. In compliance with General Order 45, X.B., I hereby attest that Timothy L. O'Mara has concurred in this filing. * IT IS SO ORDERED. DATED: 12/12/2008 * *

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CERTIFICATE OF SERVICE I hereby certify that on December 10, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the email addresses registered, as denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. /s/ Shana E. Scarlett SHANA E. SCARLETT

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CAND-ECF

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?832169522855937-L_4...

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Mailing Information for a Case 3:08-cv-02820-VRW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Steve W. Berman [e-mail],[e-mail],[e-mail] Timothy L. O'Mara [e-mail],#[e-mail],[e-mail] Stuart McKinley Paynter [e-mail] Shana E. Scarlett [e-mail],[e-mail],[e-mail] Daniel Murray Wall [e-mail],#[e-mail]

Manual Notice List
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