In Re Sony PS3 "Other OS" Litigation

Filing 111

MOTION for Protective Order [Notice of Motion and Memorandum of Points and Authorities] filed by Jason Baker, Antal Herz, Jonathan Huber, Elton Stovell, Anthony Ventura. Motion Hearing set for 2/9/2011 10:30 AM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Rivas, Rosemary) (Filed on 12/15/2010)

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Ventura v. Sony Computer Entertainment America Inc Doc. 111 Att. 1 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 James A. Quadra (SBN 131084) jquadra@calvoclark.com CALVO & CLARK, LLP One Lombard Street, Second Floor San Francisco, California 94111 Telephone: (415) 374-8370 Facsimile: (415) 374-8373 Rosemary M. Rivas (State Bar No. 209147) rrivas@finkelsteinthompson.com FINKELSTEIN THOMPSON LLP 100 Bush Street, Suite 1450 San Francisco, California 94104 Telephone: (415) 398-8700 Facsimile: (415) 398-8704 Interim Co-Lead Counsel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In Re Sony PS3 "Other OS" Litigation Case No. CV-10-1811-RS [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PROTECTIVE ORDER Date: February 9, 2011 Time: 10:30 a.m. Judge: Magistrate Judge Edward M. Chen Courtroom: C, 15th Floor James Pizzirusso (admitted pro hac vice) jpizzirusso@hausfeldllp.com HAUSFELD LLP 1700 K. Street NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 This matter comes before the Court on Plaintiffs' Motion for Protective Order brought pursuant to Federal Rules of Civil Procedure 37 and Local Rule 37. Having carefully considered the papers, evidence, and oral arguments presented by the parties, Plaintiffs' Motion is GRANTED and the Court orders as follows: 1. Plaintiffs' Motion regarding Defendant's Request for Production ("RFP") No. 3 is GRANTED. The parties shall agree upon a neutral computer expert ("Expert") to examine the PS3s at issue, at a place and time that is convenient for each Plaintiff. With respect to each PS3, Expert shall prepare a report that identifies whether Linux or another operating system was 1 [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PROTECTIVE ORDER CASE NO. CV-10-01811-RS Dockets.Justia.com 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 installed on each PS3 using the "Other OS" function, whether certain types of files exist on each hard drive (i.e., music, movie, word processing, email, video game or other Linux softwarerelated files), and the dates of installation. Defendant is ordered to bear all costs of the Expert. Under no circumstances shall Defendant, its attorneys or any party affiliated with Defendant, be given access to the hard drives or the contents of the PS3s. Expert shall execute and abide by the terms of the protective order entered in this case. 2. 3. 4. Plaintiffs' Motion regarding Defendant's RFP No. 6-8 is GRANTED. Plaintiffs' Motion regarding Defendant's RFP No. 14 is GRANTED. Plaintiffs' Motion regarding Defendant's RFP No. 27-28 is GRANTED. 5. Defendant has not met its burden in seeking discovery regarding absent class members. Defendant shall not take discovery of absent class members without prior Court approval. 6. Defendant shall not take the named Plaintiffs' depositions until after the parties' discovery disputes regarding Defendant's document requests have been resolved. As they have now been resolved by this Order, Plaintiffs' depositions may be taken within 30 days of the date of this Order. IT IS SO ORDERED. Dated:___________________ HONORABLE EDWARD M. CHEN United States Magistrate Judge 2 [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR PROTECTIVE ORDER CASE NO. CV-10-01811-RS

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