Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 426

STIPULATION [Proposed] Stipulated Preservation Order by Disney Enterprises, Inc.(a Delaware corporation), NBC Universal, Inc., Paramount Pictures Corp.(a Delaware corporation), Sony Pictures Entertainment Inc.(a Delaware corporation), Twentieth Century Fox Film Corporation(a Delaware corporation), Viacom, Inc., Warner Bros. Entertainment, Inc.. (Aull, Laura Ashley) (Filed on 6/17/2009)

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 426

Case3:08-cv-04548-MHP Document426

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GLENN D. POMERANTZ (SBN 112503) [e-mail] BART H. WILLIAMS (SBN 134009) [e-mail] KELLY M. KLAUS (SBN 161091) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Tel: [phone]; Fax: [phone] GREGORY P. GOECKNER (SBN 103693) [e-mail] DANIEL E. ROBBINS (SBN 156934) [e-mail] 15301 Ventura Boulevard, Building E Sherman Oaks, California 91403-3102 Tel: [phone]; Fax: [phone]

ROBERT H. ROTSTEIN (SBN 72452) [e-mail] ERIC J. GERMAN (SBN 224557) [e-mail] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Tel: [phone]; Fax: [phone]

Attorneys for Motion Picture Studio Plaintiffs/Declaratory Relief Claim Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., et al., Plaintiffs, vs. DVD COPY CONTROL ASSOCIATION, INC., et al,. Defendants. UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, et al., Plaintiffs, vs. REALNETWORKS, INC., et al. Defendants. CASE NO. C 08-4719-MHP CASE NO. C 08-4548-MHP [PROPOSED] STIPULATED PRESERVATION ORDER

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Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "Real"); Defendants Paramount Pictures Corp., Sony Pictures Entertainment, Inc., Twentieth Century Fox Film Corp., Warner Bros. Entertainment Inc., Disney Enterprises, Inc., NBC Universal, Inc, and Viacom, Inc. ("collectively, the "Studio Defendants"); and Defendant DVD Copy Control Association, Inc. ("DVD CCA") by and through their respective counsel, hereby respectfully request that the Court enter the following Preservation Order. "Documents, data or tangible things," as used herein, is to be interpreted broadly, and to include versions of software, hard drives and backup data, removable computer storage media such as tapes, disks and cards, source code files and versions thereof, and wikis. Information that serves to identify, locate or link such material, such as file inventories, file folders, indices and metadata, is also included in this definition. Backup tapes created for disaster recovery purposes and maintained on a temporary basis are not included in this definition. "Preservation," as used herein, is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data and tangible things reasonably anticipated to be subject to discovery under Fed. R. Civ. P. 45 and 56(e) in this action, given the findings of the Spoliation Order. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, loss or mutation of such material, as well as any other handling that would make material incomplete or inaccessible. STIPULATED ORDER It is ordered that Real shall preserve all extant and future documents, data or tangible things relating to all products or other matters at issue in this litigation, including RealDVD, Vegas and/or Facet (the "Materials"). Real is directed to determine whether its business practices involve or cause the routine destruction, recycling, relocation, or mutation of the Materials and, if so, direct employees, officers and agents either to (a) halt such business practices, (b) sequester or remove such Materials from such business practices, or (c) arrange for the preservation of complete and accurate duplicates or copies of the Materials suitable for later discovery. Real shall, not later -2[PROPOSED] STIPULATED
PRESERVATION ORDER CASE NO C 08-4548-MHP

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than July 6, 2009, submit to the Court a statement that the directive in this paragraph has been carried out.

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD: DATED: June 17, 2009 MUNGER, TOLLES & OLSON LLP By: /s/ L. ASHLEY AULL

Attorneys for Studio Defendants/CounterclaimPlaintiffs/Plaintiffs DATED: June 17, 2009 AKIN, GUMP, STRAUSS, HAUER & FELD LLP By: /s/ REGINALD STEER

Attorneys for Defendant/Counterclaimant DVD Copy Control Association, Inc. DATED: June 17, 2009 WILSON, SONSINI, GOODRICH & ROSATI LLP By: /s/ TRACY TOSH LANE

Attorneys for Plaintiffs/CounterclaimDefendants/Defendants RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: By: JUDGE MARILYN HALL PATEL United States District Judge

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I, L. Ashley Aull, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AN APPLICATION FOR MONETARY SANCTIONS FOR SPOLIATION OF EVIDENCE. In compliance with General Order 45.X.B., I hereby attest that Reginald Steer and Tracy Tosh Lane have concurred in this filing. Dated: June 17, 2009 MUNGER TOLLES & OLSON, LLP

/s/ L. Ashley Aull Attorneys for Studios

By

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