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: (510) 725-3000
Facsimile: (510) 725-3001
shanas@hbsslaw.com
Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: (202) 626-4486
Facsimile: (866) 734-0622
stuart@smplegal.com
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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
steve@hbsslaw.com
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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.
)
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ELECTRONIC ARTS INC., a Delaware
)
Corporation,
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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: (510) 725-3000
Facsimile: (510) 725-3001
shanas@hbsslaw.com
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Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: (202) 626-4486
Facsimile: (866) 734-0622
stuart@smplegal.com
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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
steve@hbsslaw.com
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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
pboyle@kilpatricktownsend.com
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Attorneys for Third-Party Collegiate Licensing
Company
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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: (510) 725-3000
Facsimile: (510) 725-3001
shanas@hbsslaw.com
Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: (202) 626-4486
Facsimile: (866) 734-0622
stuart@smplegal.com
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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
steve@hbsslaw.com
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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: (510) 725-3000
Facsimile: (510) 725-3001
shanas@hbsslaw.com
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Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: (202) 626-4486
Facsimile: (866) 734-0622
stuart@smplegal.com
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Steve W. Berman (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
steve@hbsslaw.com
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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
-3-
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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
tim.omara@lw.com
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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
pboyle@kilpatricktownsend.com
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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
-4-
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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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