Pecover et al v. Electronic Arts Inc.

Filing 320


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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 15 16 17 18 19 20 21 ) 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. ) ) ) ) ) ) 22 23 24 25 26 27 28 \\\\ No.08-cv-02820 CW STIPULATION AND [PROPOSED] ORDER SUPPLEMENTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF NON-PARTY NBA PROPERTIES, INC.’S DOCUMENTS AND MATERIALS ACTION FILED: June 5, 2008 1 In order to protect confidential information obtained from non-party NBA 2 Properties, Inc. (“NBA”) in connection with the above-captioned action, Plaintiffs and Defendant 3 Electronic Arts Inc. (“EA,” and collectively with Plaintiffs, the “Parties”), by and through their 4 undersigned attorneys, hereby stipulate as follows: 5 1. This stipulation supplements the Stipulated Protective Order Regarding 6 Confidentiality of Documents and Materials that was So Ordered by the Court in the above- 7 captioned action on January 20, 2009 (“Protective Order”). See ECF No. 32. 8 9 2. In addition to the provisions and protections contained in the Protective Order, the following shall apply to documents and information produced by NBA in connection 10 with this action. 11 3. NBA may designate any materials, including interrogatory responses, other 12 discovery responses, or transcripts, as “Confidential – Outside Counsel Only” if it reasonably and 13 in good faith believes that such document contains confidential information so commercially 14 sensitive that the protections afforded by the Protective Order are insufficient to adequately protect 15 the interests of NBA. 16 4. The Parties acknowledge and agree that examples of an appropriate 17 “Confidential – Outside Counsel Only” designation include the terms of licensing agreements 18 between NBA and licensees. 19 5. Except as expressly provided below, any document produced by NBA and 20 designated “Confidential – Outside Counsel Only” may be used only for purposes of this action 21 and shall not be given, shown, made available or communicated in any way to anyone except: 22 a. the Court, court personnel and court reporters; 23 b. outside litigation counsel of record to the Parties, including the legal 24 associates and clerical or other support staff who are employed by 25 such counsel and are working under the express direction of such 26 counsel; 27 28 c. court reporters who record deposition or other testimony in this STIPULATION AND [PROPOSED] ORDER No. 08-cv-02820 CW -1- 1 action; 2 d. 3 outside consultants or experts retained by the Parties for purposes of this action; 4 e. 5 any person who is indicated on the face of a document to have been an author, addressee or copy recipient thereof; 6 f. 7 any person whom NBA agrees to in writing prior to any such disclosure; 8 g. outside persons or entities that provide litigation support services 9 (e.g., photocopying; videotaping; translating; preparing exhibits or 10 demonstrations; organizing, storing, retrieving data in any form or 11 medium; etc.) for this action to the Parties. 12 6. Counsel for the Parties shall obtain and provide to NBA from all persons 13 who are given access to any documents produced by NBA, including documents designated 14 “Confidential – Outside Counsel Only,” written acknowledgement that such persons have read, 15 understand, and will comply with the terms of the Protective Order and this stipulation 16 supplementing the Protective Order. 17 7. In the event that a party deems it necessary to disclose any document 18 designated as “Confidential – Outside Counsel Only” to any person not specified in Paragraph 5, 19 that party shall notify counsel for NBA in writing of: (i) the document it wishes to disclose; and 20 (ii) the persons to whom such disclosure is to be made. The proposed disclosure shall not be made 21 absent written permission from NBA, unless the party wishing to make the disclosure obtains an 22 order from the United States District Court for the Southern District of New York permitting the 23 proposed disclosure. 24 8. Any document designated as “Confidential – Outside Counsel Only” that is 25 used in connection with any court proceeding shall not lose its outside counsel only status through 26 such use, and the parties shall take all steps reasonably required to protect its confidentiality during 27 such use, including the notice and filing under seal procedures provided in paragraphs 13, 15, and 28 STIPULATION AND [PROPOSED] ORDER No. 08-cv-02820 CW -2- 1 2 16 of the Protective Order. 9. The parties agree that any documents produced by NBA, however 3 designated, will be treated in accordance with the Protective Order and this stipulation 4 supplementing the Protective Order, and will not be shown or in any way provided to any third 5 party, including during the deposition of other third parties, unless the third party otherwise 6 satisfies an exception to gain access to such confidential information as set forth herein. 7 10. The United States District Court for the Southern District of New York shall 8 retain jurisdiction over all disputes relating to any subpoena issued by that court to non-party NBA, 9 including the jurisdiction to resolve any motion for a protective order brought by NBA pursuant to 10 11 Fed. R. Civ. P. 45(c). IT IS SO STIPULATED. 12 13 DATED: February 24, 2012 14 By 15 /s/ Shana E. Scarlett SHANA E. SCARLETT 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 16 17 18 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 19 20 21 22 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 23 24 25 26 Class Counsel 27 28 HAGENS BERMAN SOBOL SHAPIRO LLP STIPULATION AND [PROPOSED] ORDER No. 08-cv-02820 CW -3- 1 DATED: February 24, 2012 2 NBA PROPERTIES, INC. By 3 /s/ William S. Koenig William S. Koenig 6 Executive Vice President, Business Affairs and General Counsel NBA Properties, Inc. 645 Fifth Avenue, New York, NY 10022 Telephone: 212.407.8345 7 Attorneys for NBA Properties, Inc. 4 5 8 9 DATED: February 24, 2012 LATHAM & WATKINS LLP 10 By 11 12 /s/ Timothy L. O’Mara TIMOTHY L. O’MARA 16 Daniel M. Wall (102580) Kirsten M. Ferguson (252781) 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 17 Attorneys for Defendant Electronic Arts Inc. 13 14 15 18 19 20 21 I, Timothy L. O’Mara, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER SUPPLEMENTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF NON-PARTY NBA PROPERTIES, INC.’S DOCUMENTS AND MATERIALS. In compliance with General Order 45, X.B., I hereby attest that Shana E. Scarlett and William S. Koenig have concurred in this filing. 22 23 IT IS SO ORDERED. 24 DATED: 25 2/28/2012 HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE 26 27 28 STIPULATION AND [PROPOSED] ORDER No. 08-cv-02820 CW -4- 1 2 CERTIFICATE OF SERVICE I hereby certify that on February 24, 2012, I electronically filed the foregoing document 3 using the CM/ECF system which will send notification of such filing to the e-mail addresses 4 registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby 5 certify that I have mailed a paper copy of the foregoing document via the United States Postal 6 Service to the non-CM/ECF participants indicated on the Manual Notice List generated by the 7 CM/ECF system. 8 /s/ Timothy L. O’Mara Timothy L. O’Mara 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER No. 08-cv-02820 CW -5-

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