Electronic Arts Inc. v. Zynga Inc.

Filing 20

Ex Parte Application to file UNDER SEAL PORTIONS OF ITS COUNTERCLAIM FOR BREACH OF CONTRACT AND VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17200 re 18 Answer to Complaint, Counterclaim filed by Zynga Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Butler, Timothy) (Filed on 9/14/2012) Modified on 9/17/2012 (ysS, COURT STAFF). Modified on 9/17/2012 (ysS, COURT STAFF). Modified on 9/17/2012 (ewn, COURT STAFF).

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QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (Bar No. 96737)
[e-mail]
Karin Kramer (Bar No. 87346)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone:
[phone]
Facsimile:
[phone]
PAUL HASTINGS LLP
Bradford K. Newman (Bar No. 178902)
[e-mail]
Peter C. Meier (Bar No. 179019)
[e-mail]
1117 S. California Avenue
Palo Alto, CA 94304-1106
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant/Counter-Claimant
ZYNGA INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELECTRONIC ARTS INC.,

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Plaintiff,
vs.
ZYNGA INC.,

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Defendant.

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DECLARATION OF STEPHEN N. YANG
IN SUPPORT OF ZYNGA INC.’S EX
PARTE APPLICATION TO FILE UNDER
SEAL PORTIONS OF ITS
COUNTERCLAIM FOR BREACH OF
CONTRACT AND VIOLATION OF
CALIFORNIA BUSINESS AND
PROFESSIONS CODE SECTION 17200

ZYNGA INC.,

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CASE NO. CV 12 4099 SI

Counter-Claimant,
vs.
ELECTRONIC ARTS INC.,
Counter-Defendant.

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Case No. CV 12 4099 SI

YANG DECL. ISO ZYNGA’S EX
PARTE APP. TO FILE UNDER SEAL

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I, Stephen N. Yang, declare:

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1.

I am an attorney licensed to practice before the Courts of the State of California,

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and before the United States District Court for the Northern District of California. I am an

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associate with the law firm of Paul Hastings LLP, attorneys of record for Defendant and Counter-

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Claimant Zynga Inc. (“Zynga”). If called as a witness, I would and could competently testify

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thereto to all facts within my personal knowledge.

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Zynga seeks to seal the following portions of its Counterclaim For Breach Of

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Contract And Violation Of California Business And Professions Code Section 17200:
Document

Page:Line

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

1:10 (all words
after
“released”)

2.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

3.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

4.

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Item
No.
1.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

5.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

6.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200

8:22 (all words
after “into a”
and before
“settlement
agreement”)
8:23 (all words
after “a
release” and
before “See”)
8:24-25 (all
words after
“release” and
before “See”)
12:10 (all
words after
“agreement
that”)
12:11 (all
words before
“included a”)
12:12 (all
words after
“claims” and
before “See”)
15:27 (all
words after
“released”)
15:28-16:1
(all)

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7.

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8.

Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
9. Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
10. Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code

Case No. CV 12 4099 SI

-1-

16:5-8 (all)

YANG DECL. ISO ZYNGA’S EX
PARTE APP. TO FILE UNDER SEAL

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Section 17200

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11. Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
12. Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
13. Zynga Inc.’s Counterclaim For Breach Of Contract And
Violation Of California Business And Professions Code
Section 17200
14. Exhibit A to Zynga Inc.’s Counterclaim For Breach Of
Contract And Violation Of California Business And
Professions Code Section 17200
15. Exhibit B to Zynga Inc.’s Counterclaim For Breach Of
Contract And Violation Of California Business And
Professions Code Section 17200

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16:9 (all words
before “and to
the extent”)
16:10-12 (all)
16:13-14 (all
words after
“and waived”)
In its entirety
In its entirety

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3.

The request is narrowly tailored to protect the terms of these confidential

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settlement agreements to which Zynga is a party and under which Zynga has a duty to maintain

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their confidentiality.

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4.

Zynga has compelling reasons and a significant interest in complying with these

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settlement agreements by maintaining the confidentiality of their terms, and would be prejudiced

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if such information became publicly available.

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5.

As EA is also a party to the confidential settlement agreements at issue and bound

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by the same confidentiality requirements, Zynga anticipates that EA will not oppose this

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application.

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 14th day of September, 2012 in Palo Alto, California.

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/s/ Stephen N. Yang
Stephen N. Yang

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Case No. CV 12 4099 SI

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YANG DECL. ISO ZYNGA’S EX
PARTE APP. TO FILE UNDER SEAL