Electronic Scripting Products, Inc. v. HTC America, Inc. et al
Filing
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Order by Magistrate Judge Robert M. Illman granting 162 Stipulation. (rmilc2S, COURT STAFF) (Filed on 9/7/2021)
Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 1 of 4
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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
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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
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Attorneys for Plaintiff
12 ELECTRONIC SCRIPTING PRODUCTS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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v.
HTC AMERICA, INC.,
Defendants.
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STIPULATION AND PROPOSED ORDER
EXTENDING THE DEADLINE TO FILE
A MOTION TO RETAIN
CONFIDENTIALITY UNDER THE
PROTECTIVE ORDER
Plaintiff,
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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
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126052133.1
STIPULATION AND PROPOSED ORDER
Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 2 of 4
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Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade
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Secrets (“Protective Order”). (Dkt. # 95.)
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RECITALS
On March 18, 2020, the Court entered the Protective Order. (Dkt. # 95.) The Protective
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Order allows parties and non-parties to designate material produced in discovery and deposition
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testimony as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
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ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” (Protective Order, § 5.2.) The
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Protective Order provides that a party may challenge a confidentiality designation, and, if the
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issue is not resolved through the meet and confer process, the designating party or non-party
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must file a motion within 21 days of the initial notice challenging the designation. (Protective
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Order, § 6.3.)
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Valve corporate designee Alan Yates was deposed pursuant to Rule 30(b)(6) on July 14,
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2021. Valve designated the transcript of the deposition and exhibits thereto as “HIGHLY
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CONFIDENTIAL – ATTORNEY’S EYES ONLY” under the Protective Order. On August 12,
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2021, ESPi notified Valve that it was challenging all of Valve’s designations of testimony as
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“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
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On August 19, 2021, Defendant HTC America Inc. (“HTC”) filed an administrative
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motion to seal certain materials submitted in support of its motion for summary judgment,
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including the deposition transcript and exhibits designated by Valve as “HIGHLY
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CONFIDENTIAL – ATTORNEY’S EYES ONLY.” (Dkt. # 149.) Valve filed a declaration in
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support of HTC’s administrative motion to seal on August 23, 2021. (Dkt. # 153.) ESPI filed an
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opposition to the motion on August 25, 2021. (Dkt. # 155.)
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On August 23, 2021, Valve provided ESPi with a transcript of the deposition of Alan
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Yates with revised designations, including removing the confidentiality designations from some
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testimony, and designating other testimony as “CONFIDENTIAL,” “HIGHLY
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CONFIDENTIAL – ATTORNEY’S EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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CODE.”
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STIPULATION AND PROPOSED ORDER
Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 3 of 4
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The Court has not yet issued a ruling on HTC’s administrative motion to seal. As the
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Court’s ruling on HTC’s administrative motion to seal may inform Valve’s and ESPi’s positions
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regarding Valve’s confidentiality designations, Valve and ESPi filed a stipulation to extend the
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deadline for Valve to file a motion to retain its confidentiality designations from September 2,
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2021 to September 7, 2021. (Dkt. # 159.)
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On September 1, 2021, the Court issued an order advising that sealing motions typically
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are not decided prior to a ruling on the associated substantive motion. (Dkt. #160.) Pursuant to
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the stipulation between Valve and ESPi, the Court ordered that the deadline for Valve to file a
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motion retain its confidentiality designations to September 7, 2021. (Dkt. # 161.)
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As Valve and ESPi continue to believe the Court’s ruling on HTC’s administrative
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motion to seal may inform Valve’s and ESPi’s positions regarding Valve’s confidentiality
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designations, Valve and ESPi have agreed to further extend the deadline for Valve to file a
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Court issues a ruling on HTC’s administrative motion to seal. (Dkt. # 149.)
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STIPULATION
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Valve and ESPi hereby stipulate that the deadline for Valve to file a motion under
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Section 6.3 of the Protective Order to retain its confidentiality designations of the transcript of
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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.)
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The filer of this Stipulation attests that concurrence in the filing of the document has been
obtained from each of the other signatories.
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STIPULATION AND PROPOSED ORDER
Case 3:17-cv-05806-RS Document 163 Filed 09/07/21 Page 4 of 4
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Dated: September 7, 2021
FOX ROTHSCHILD LLP
By
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/s/ Christopher J. McNamara
Attorneys for Non-Party,
Valve Corporation
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Dated: September 7, 2021
By
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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.
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Dated: September 7, 2021
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________________________________________
Honorable Robert M. Illman
United States Magistrate Judge
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STIPULATION AND PROPOSED ORDER
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