Pecover et al v. Electronic Arts Inc.

Filing 305

ORDER by Magistrate Judge Bernard Zimmerman granting 304 Stipulation (bzsec, COURT STAFF) (Filed on 2/16/2012)

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Shana E. Scarlett (217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Class Counsel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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)
GEOFFREY PECOVER and ANDREW
OWENS, on behalf of themselves and a class of )
person similarly situated,
)
)
Plaintiffs, )
)
v.
)
)
ELECTRONIC ARTS INC., a Delaware
)
Corporation,
)
)
Defendant. )
)

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010017-11 500234 V1

No. 08-cv-02820 CW
STIPULATION AND [PROPOSED]
ORDER RE PRODUCTION OF
DOCUMENTS BY COLLEGIATE
LICENSING COMPANY IN IN RE
NCAA STUDENT-ATHLETE NAME &
LIKENESS LICENSING LITIGATION

ACTION FILED: June 5, 2008

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WHEREAS the Collegiate Licensing Company is a defendant in the related action, In re

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NCAA Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967 CW

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(NC)(the “NCAA action”);

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WHEREAS Plaintiffs in Pecover v. Electronic Arts Inc. have issued a number of subpoenas
requesting production of documents to the Collegiate Licensing Company;
WHEREAS the subject matter of the documents produced in In re NCAA Student-Athlete

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Name & Likeness Licensing Litigation overlap to some extent with the document requests by

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Plaintiffs in the Pecover litigation;

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WHEREAS rather than requiring third party Collegiate Licensing Company to re-review
and produce documents in the Pecover litigation;
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It is hereby stipulated by and between the Plaintiffs and third-party Collegiate

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Licensing Company in this action that all documents produced by Collegiate Licensing Company

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in the In re NCAA Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967

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CW (NC) will be deemed produced in the Pecover litigation and may be used in that litigation as if

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produced in that litigation. This stipulation is conditioned on Plaintiffs entering into a stipulation

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with all other parties to the Pecover action, including Electronic Arts, to supplement the Protective

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Order in the Pecover action, and the Court entering an order supplementing the Pecover Protective

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Order, to allow CLC’s materials produced in the NCAA action to be subject to the same

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protections and confidentiality designations as apply in the NCAA action. A copy of the proposed

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Stipulation and Proposed Order re Confidentiality of CLC Documents and Materials is attached

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hereto as Exhibit 1.

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2.

Plaintiffs and CLC agree that any confidentiality designation made in In re NCAA

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Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967 CW (NC) shall be

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deemed made in the Pecover litigation.

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3.

Any materials designated by CLC as CONFIDENTIAL in the NCAA case will be

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treated as CONFIDENTIAL in accordance with the Protective Order entered in the Pecover

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litigation. Such materials will be deemed produced in the Pecover litigation without any further

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STIP. AND [PROPOSED] ORDER RE IN RE NCAA
DOCUMENTS – No. 08-cv-02820 CW
010017-11 500234 V1

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supplementation of the Pecover Protective Order or stipulation among the parties in Pecover.
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Plaintiffs and CLC further agree that any CLC materials produced in NCAA action

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and designated as COUNSEL ONLY will not be deemed to be produced in Pecover unless and

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until the Court supplements the Pecover Protective Order, pursuant to the proposed Stipulation

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attached as Exhibit 1, to afford these materials the same protections in the Pecover action as they

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are afforded in the NCAA action.

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IT IS SO STIPULATED
DATED: February 16, 2012

HAGENS BERMAN SOBOL SHAPIRO LLP

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By
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/s/ Shana E. Scarlett
SHANA E. SCARLETT

715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Class Counsel

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STIP. AND [PROPOSED] ORDER RE IN RE NCAA
DOCUMENTS – No. 08-cv-02820 CW
010017-11 500234 V1

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DATED: February 16, 2012

KILPATRICK TOWNSEND & STOCKTON LLP

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By

/s/ Peter M. Boyle
PETER M. BOYLE

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608 14th Street, NW, Suite 900
Washington, D.C. 20005-2018
[e-mail]

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Attorneys for Third-Party Collegiate Licensing
Company

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*

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IT IS SO ORDERED.
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DATED:

February 16, 2012

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HONORABLE BERNARD ZIMMERMAN
UNITED STATES MAGISTRATE JUDGE

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STIP. AND [PROPOSED] ORDER RE IN RE NCAA
DOCUMENTS – No. 08-cv-02820 CW
010017-11 500234 V1

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CERTIFICATE OF SERVICE
I hereby certify that on February 16, 2012, I electronically filed the foregoing document

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using the CM/ECF system which will send notification of such filing to the e-mail addresses

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registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby

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certify that I have mailed a paper copy of the foregoing document via the United States Postal

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Service to the non-CM/ECF participants indicated on the Manual Notice List generated by the

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CM/ECF system.

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/s/ Shana E. Scarlett
SHANA E. SCARLETT

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STIP. AND [PROPOSED] ORDER RE IN RE NCAA
DOCUMENTS – No. 08-cv-02820 CW
010017-11 500234 V1

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EXHIBIT 1

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Shana E. Scarlett (217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Class Counsel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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)
GEOFFREY PECOVER and ANDREW
OWENS, on behalf of themselves and a class of )
person similarly situated,
)
)
Plaintiffs, )
)
v.
)
)
ELECTRONIC ARTS INC., a Delaware
)
Corporation,
)
)
Defendant. )
)

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010017-11 496170 V1

No. 08-cv-02820 CW
STIPULATION AND [PROPOSED]
ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER
REGARDING CONFIDENTIALITY OF
NON-PARTY CLC DOCUMENTS
AND MATERIALS

ACTION FILED: June 5, 2008

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In order to protect confidential information obtained from non-party The Collegiate

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Licensing Company (“CLC”) in connection with the above-captioned action, Plaintiffs and

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Defendant Electronic Arts, Inc. (“EA,” and collectively with Plaintiffs, the “Parties”), by and

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through their undersigned attorneys, hereby stipulate as follows:

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1.

This stipulation supplements the Stipulated Protective Order Regarding

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Confidentiality of Documents and Materials that was ordered by the Court in the above-captioned

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action on January 20, 2009 (“Protective Order”). See ECF No. 32.

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2.

In addition to the provisions and protections contained in the Protective Order, the

following shall apply to documents and information produced by CLC in connection with this
action.

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3.

CLC may designate any materials, including interrogatory responses, other

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discovery responses, or transcripts, as “COUNSEL ONLY” if it reasonably and in good faith

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believes that such document contains confidential information so commercially sensitive that the

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protections afforded by the Protective Order are insufficient to adequately protect the interests of

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CLC.

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4.

The Parties acknowledge and agree that examples of an appropriate “COUNSEL

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ONLY” designation include internal CLC communications discussing the negotiation of the terms

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of licensing agreements between CLC and EA, as well as the terms of licensing agreements

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between CLC and licensees other than EA.

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5.

Except as expressly provided below, any document produced by CLC and

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designated “COUNSEL ONLY” may be used only for purposes of this action and shall not be

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given, shown, made available or communicated in any way to anyone except:

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a.

the Court, court personnel and court reporters;

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b.

outside litigation counsel of record to the Parties, including the legal

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associates and clerical or other support staff who are employed by such

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counsel and are working under the express direction of such counsel;

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c.

court reporters who record deposition or other testimony in the litigation;

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STIP. AND [PROPOSED] ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER RE CONFIDENTIALITY
OF CLC DOCS AND MATERIALS –No. 08-cv-02820 CW
010017-11 496170 V1

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d.

consultants or experts retained by the Parties;

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e.

any person who is indicated on the face of a document to have been an

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author, addressee or copy recipient thereof;

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f.

any person whom CLC agrees to in writing prior to any such disclosure.

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g.

persons or entities that provide litigation support services (e.g.,

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photocopying; videotaping; translating; preparing exhibits or

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demonstrations; organizing, storing, retrieving data in any form or medium;

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etc.) and their employees and subcontractors

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6.

Counsel for the Parties shall obtain from all persons who are given access to any

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documents produced by CLC, including documents designated “COUNSEL ONLY,” written

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acknowledgement that such persons have read, understand, and will comply with the terms of the

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Protective Order and this stipulation supplementing the Protective Order.

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7.

In the event that a party deems it necessary to disclose any document designated as

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“COUNSEL ONLY” to any person not specified in Paragraph 5, that party shall notify counsel for

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CLC in writing of: (i) the document it wishes to disclose; and (ii) the persons to whom such

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disclosure is to be made. The proposed disclosure shall not be made absent written permission

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from CLC, unless the party wishing to make the disclosure obtains an order from the United States

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District Court for the District of Columbia permitting the proposed disclosure.

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8.

Any document designated as “COUNSEL ONLY” that is used in connection with

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any court proceeding shall not lose its outside counsel only status through such use, and the parties

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shall take all steps reasonably required to protect its confidentiality during such use, including the

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notice and filing under seal procedures provided in paragraphs 13, 15, and 16 of the Protective

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Order.

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9.

The parties agree that any documents produced by CLC, however designated, will

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be treated in accordance with the Protective Order and this stipulation supplementing the Protective

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Order, and will not be shown or in any way provided to any third party, including during the

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STIP. AND [PROPOSED] ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER RE CONFIDENTIALITY
OF CLC DOCS AND MATERIALS – No. 08-cv-02820 CW
010017-11 496170 V1

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deposition of other third parties, unless the third party otherwise satisfies an exception to gain

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access to such confidential information.

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IT IS SO STIPULATED.
DATED: February 16, 2012

HAGENS BERMAN SOBOL SHAPIRO LLP

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By
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SHANA E. SCARLETT

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715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Class Counsel

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STIP. AND [PROPOSED] ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER RE CONFIDENTIALITY
OF CLC DOCS AND MATERIALS – No. 08-cv-02820 CW
010017-11 496170 V1

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DATED: February 16, 2012

LATHAM & WATKINS

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By
TIMOTHY O’MARA

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505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
[e-mail]

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Attorney for Defendant Electronic Art,s Inc.
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DATED: February 16, 2012

KILPATRICK TOWNSEND & STOCKTON LLP

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By
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PETER BOYLE
608 14th Street, NW, Suite 900
Washington, D.C. 20005-2018
[e-mail]

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Attorneys for Third-Party Collegiate Licensing
Company

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IT IS SO ORDERED.
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DATED:
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HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT COURT JUDGE

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STIP. AND [PROPOSED] ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER RE CONFIDENTIALITY
OF CLC DOCS AND MATERIALS – No. 08-cv-02820 CW
010017-11 496170 V1

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CERTIFICATE OF SERVICE
I hereby certify that on February 16, 2012, I electronically filed the foregoing document

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using the CM/ECF system which will send notification of such filing to the e-mail addresses

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registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby

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certify that I have mailed a paper copy of the foregoing document via the United States Postal

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Service to the non-CM/ECF participants indicated on the Manual Notice List generated by the

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CM/ECF system.

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SHANA E. SCARLETT

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STIP. AND [PROPOSED] ORDER SUPPLEMENTING
STIPULATED PROTECTIVE ORDER RE CONFIDENTIALITY
OF CLC DOCS AND MATERIALS – No. 08-cv-02820 CW
010017-11 496170 V1

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