Electronic Scripting Products, Inc. v. HTC America, Inc. et al

Filing 163

Order by Magistrate Judge Robert M. Illman granting 162 Stipulation. (rmilc2S, COURT STAFF) (Filed on 9/7/2021)

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Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 1 of 4 1 Christopher (Casey) McNamara (SBN 209205) cmcnamara@foxrothschild.com 2 FOX ROTHSCHILD LLP 345 California Street, Suite 2200 3 San Francisco, CA 94104-2670 Telephone: 415.364.5540 4 Facsimile: 415.391.4436 5 Attorneys for non-party VALVE CORPORATION 6 Gary A. Angel, CSB No. 70006 7 Frear Stephen Schmid, CSB No. 96089 LAW OFFICE OF GARY A. ANGEL 8 177 Post Street, Suite 550 San Francisco, Ca 94108 9 Telephone: (415) 788-5935 Facsimile: (415) 788-5958 10 Email: Angelgary@Aol.Com Email: frearschmid@aol.com 11 Attorneys for Plaintiff 12 ELECTRONIC SCRIPTING PRODUCTS, INC. 13 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 22 v. HTC AMERICA, INC., Defendants. 23 24 25 26 27 28 STIPULATION AND PROPOSED ORDER EXTENDING THE DEADLINE TO FILE A MOTION TO RETAIN CONFIDENTIALITY UNDER THE PROTECTIVE ORDER Plaintiff, 20 21 Case No: 3:17-cv-05806-RS (RMI) ELECTRONIC SCRIPTING PRODUCTS, INC., Non-party Valve Corporation (“Valve”) and Plaintiff Electronic Scripting Products, Inc. (“ESPi”) stipulate to extend the deadline for Valve to file a motion to retain the confidentiality of materials designated “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” under the Stipulated Protective 1 126052133.1 STIPULATION AND PROPOSED ORDER Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 2 of 4 1 Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade 2 Secrets (“Protective Order”). (Dkt. # 95.) 3 4 RECITALS On March 18, 2020, the Court entered the Protective Order. (Dkt. # 95.) The Protective 5 Order allows parties and non-parties to designate material produced in discovery and deposition 6 testimony as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES 7 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” (Protective Order, § 5.2.) The 8 Protective Order provides that a party may challenge a confidentiality designation, and, if the 9 issue is not resolved through the meet and confer process, the designating party or non-party 10 must file a motion within 21 days of the initial notice challenging the designation. (Protective 11 Order, § 6.3.) 12 Valve corporate designee Alan Yates was deposed pursuant to Rule 30(b)(6) on July 14, 13 2021. Valve designated the transcript of the deposition and exhibits thereto as “HIGHLY 14 CONFIDENTIAL – ATTORNEY’S EYES ONLY” under the Protective Order. On August 12, 15 2021, ESPi notified Valve that it was challenging all of Valve’s designations of testimony as 16 “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.” 17 On August 19, 2021, Defendant HTC America Inc. (“HTC”) filed an administrative 18 motion to seal certain materials submitted in support of its motion for summary judgment, 19 including the deposition transcript and exhibits designated by Valve as “HIGHLY 20 CONFIDENTIAL – ATTORNEY’S EYES ONLY.” (Dkt. # 149.) Valve filed a declaration in 21 support of HTC’s administrative motion to seal on August 23, 2021. (Dkt. # 153.) ESPI filed an 22 opposition to the motion on August 25, 2021. (Dkt. # 155.) 23 On August 23, 2021, Valve provided ESPi with a transcript of the deposition of Alan 24 Yates with revised designations, including removing the confidentiality designations from some 25 testimony, and designating other testimony as “CONFIDENTIAL,” “HIGHLY 26 CONFIDENTIAL – ATTORNEY’S EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE 27 CODE.” 28 2 126052133.1 STIPULATION AND PROPOSED ORDER Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 3 of 4 1 The Court has not yet issued a ruling on HTC’s administrative motion to seal. As the 2 Court’s ruling on HTC’s administrative motion to seal may inform Valve’s and ESPi’s positions 3 regarding Valve’s confidentiality designations, Valve and ESPi filed a stipulation to extend the 4 deadline for Valve to file a motion to retain its confidentiality designations from September 2, 5 2021 to September 7, 2021. (Dkt. # 159.) 6 On September 1, 2021, the Court issued an order advising that sealing motions typically 7 are not decided prior to a ruling on the associated substantive motion. (Dkt. #160.) Pursuant to 8 the stipulation between Valve and ESPi, the Court ordered that the deadline for Valve to file a 9 motion retain its confidentiality designations to September 7, 2021. (Dkt. # 161.) 10 As Valve and ESPi continue to believe the Court’s ruling on HTC’s administrative 11 motion to seal may inform Valve’s and ESPi’s positions regarding Valve’s confidentiality 12 designations, Valve and ESPi have agreed to further extend the deadline for Valve to file a 13 motion to retain its confidential designations from September 7, 2021 to five (5) days after the 14 Court issues a ruling on HTC’s administrative motion to seal. (Dkt. # 149.) 15 STIPULATION 16 Valve and ESPi hereby stipulate that the deadline for Valve to file a motion under 17 Section 6.3 of the Protective Order to retain its confidentiality designations of the transcript of 18 the July 14, 2021 deposition of Alan Yates and the exhibits thereto shall be continued from 19 September 7, 2021 to five (5) days after the Court issues a ruling on HTC’s administrative 20 motion to seal. (Dkt. # 149.) 21 22 The filer of this Stipulation attests that concurrence in the filing of the document has been obtained from each of the other signatories. 23 24 25 26 27 28 3 126052133.1 STIPULATION AND PROPOSED ORDER Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 4 of 4 1 2 Dated: September 7, 2021 FOX ROTHSCHILD LLP By 3 4 /s/ Christopher J. McNamara Attorneys for Non-Party, Valve Corporation 5 6 Dated: September 7, 2021 By 7 8 9 10 LAW OFFICE OF GARY A. ANGEL /s/ Frear Stephen Schmid Attorneys for Plaintiff, Electronic Scripting Products, Inc. [PROPOSED] ORDER PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. 11 12 Dated: September 7, 2021 13 14 ________________________________________ Honorable Robert M. Illman United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 126052133.1 STIPULATION AND PROPOSED ORDER

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