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

Filing 427

STIPULATED PRESERVATION ORDER. Signed by Judge Marilyn Hall Patel on 6/18/09. (tdm, COURT STAFF) (Filed on 6/18/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GLENN D. POMERANTZ (SBN 112503) BART H. WILLIAMS (SBN 134009) KELLY M. KLAUS (SBN 161091) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Tel: (213) 683-9100; Fax: (213) 687-3702 GREGORY P. GOECKNER (SBN 103693) DANIEL E. ROBBINS (SBN 156934) 15301 Ventura Boulevard, Building E Sherman Oaks, California 91403-3102 Tel: (818) 995-6600; Fax: (818) 285-4403 ROBERT H. ROTSTEIN (SBN 72452) ERIC J. GERMAN (SBN 224557) MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Tel: (310) 312-2000; Fax: (310) 312-3100 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 7970290.2 -1- [PROPOSED] STIPULATED PRESERVATION ORDER CASE NO C 08-4548-MHP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Plaintiffs/CounterclaimDefendants/Defendants RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: UNIT ED 6/18/09 By: S S DISTRICT TE C TA ER N F D IS T IC T O R -3- [PROPOSED] STIPULATED PRESERVATION ORDER CASE NO C 08-4548-MHP A C LI FO JUDGE MARILYN HALL PATEL United States District Judgetel n H. Pa Judge M arily R NIA IT IS S O ORD ERED RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- [PROPOSED] STIPULATED PRESERVATION ORDER CASE NO C 08-4548-MHP

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