Pecover et al v. Electronic Arts Inc.

Filing 320

ORDER by Judge Claudia Wilken Granting 316 Stipulation SUPPLEMENTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF NON-PARTY NBA PROPERTIES, INC.'S DOCUMENTS AND MATERIALS. (ndr, COURT STAFF) (Filed on 2/28/2012)

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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 )
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person similarly situated,
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Plaintiffs, )
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v.
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ELECTRONIC ARTS INC., a Delaware
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Corporation,
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Defendant. )
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)
)
)
)

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\\\\

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

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In order to protect confidential information obtained from non-party NBA

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Properties, Inc. (“NBA”) in connection with the above-captioned action, Plaintiffs and Defendant

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

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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 So Ordered by the Court in the above-

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captioned 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 NBA in connection

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with this action.

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3.

NBA may designate any materials, including interrogatory responses, other

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discovery responses, or transcripts, as “Confidential – Outside Counsel Only” if it reasonably and

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in good faith believes that such document contains confidential information so commercially

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sensitive that the protections afforded by the Protective Order are insufficient to adequately protect

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the interests of NBA.

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4.

The Parties acknowledge and agree that examples of an appropriate

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“Confidential – Outside Counsel Only” designation include the terms of licensing agreements

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between NBA and licensees.

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5.

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

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designated “Confidential – Outside Counsel Only” may be used only for purposes of this action

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and shall not be 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

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such counsel and are working under the express direction of such

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counsel;

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c.

court reporters who record deposition or other testimony in this

STIPULATION AND [PROPOSED] ORDER
No. 08-cv-02820 CW

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action;

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d.

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outside consultants or experts retained by the Parties for purposes of
this action;

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e.

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any person who is indicated on the face of a document to have been
an author, addressee or copy recipient thereof;

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f.

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any person whom NBA agrees to in writing prior to any such
disclosure;

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g.

outside persons or entities that provide litigation support services

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(e.g., photocopying; videotaping; translating; preparing exhibits or

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

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medium; etc.) for this action to the Parties.

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6.

Counsel for the Parties shall obtain and provide to NBA from all persons

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who are given access to any documents produced by NBA, including documents designated

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“Confidential – Outside Counsel Only,” written acknowledgement that such persons have read,

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understand, and will comply with the terms of the Protective Order and this stipulation

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supplementing the Protective Order.

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7.

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

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designated as “Confidential – Outside Counsel Only” to any person not specified in Paragraph 5,

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that party shall notify counsel for NBA in writing of: (i) the document it wishes to disclose; and

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(ii) the persons to whom such disclosure is to be made. The proposed disclosure shall not be made

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absent written permission from NBA, unless the party wishing to make the disclosure obtains an

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order from the United States District Court for the Southern District of New York permitting the

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proposed disclosure.

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8.

Any document designated as “Confidential – Outside Counsel Only” that is

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used in connection with any court proceeding shall not lose its outside counsel only status through

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

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such use, including the notice and filing under seal procedures provided in paragraphs 13, 15, and

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16 of the Protective Order.
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The parties agree that any documents produced by NBA, however

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designated, will be treated in accordance with the Protective Order and this stipulation

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supplementing the Protective Order, and will not be shown or in any way provided to any third

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party, including during the deposition of other third parties, unless the third party otherwise

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satisfies an exception to gain access to such confidential information as set forth herein.

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10.

The United States District Court for the Southern District of New York shall

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retain jurisdiction over all disputes relating to any subpoena issued by that court to non-party NBA,

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including the jurisdiction to resolve any motion for a protective order brought by NBA pursuant to

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Fed. R. Civ. P. 45(c).
IT IS SO STIPULATED.

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DATED: February 24, 2012

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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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HAGENS BERMAN SOBOL SHAPIRO LLP

STIPULATION AND [PROPOSED] ORDER
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DATED: February 24, 2012

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NBA PROPERTIES, INC.
By

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/s/ William S. Koenig
William S. Koenig

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Executive Vice President, Business Affairs and
General Counsel
NBA Properties, Inc.
645 Fifth Avenue, New York, NY 10022
Telephone: [phone]
[e-mail]

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Attorneys for NBA Properties, Inc.

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DATED: February 24, 2012

LATHAM & WATKINS LLP

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By

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/s/ Timothy L. O’Mara
TIMOTHY L. O’MARA

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Daniel M. Wall (102580)
Kirsten M. Ferguson (252781)
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Electronic Arts Inc.

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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.

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IT IS SO ORDERED.

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DATED:
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2/28/2012

HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER
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CERTIFICATE OF SERVICE
I hereby certify that on February 24, 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/ Timothy L. O’Mara
Timothy L. O’Mara

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STIPULATION AND [PROPOSED] ORDER
No. 08-cv-02820 CW

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