Keller v. Electronic Arts Inc. et al

Filing 401

ORDER Granting #399 Stipulation re Addendum to Stipulated Protective Order. Signed by Judge Claudia Wilken on 12/6/2011. (ndr, COURT STAFF) (Filed on 12/6/2011)

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[Plaintiffs’ and Defendants’ Counsel
Listed on Signature Block]

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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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IN RE NCAA STUDENT-ATHLETE
NAME & LIKENESS LICENSING
LITIGATION

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Case No. 4:09-cv-1967 CW (NC)
STIPULATION AND [PROPOSED] ORDER
RE: ADDENDUM TO STIPULATED
PROTECTIVE ORDER

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CLASS ACTION

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Complaint Filed: May 5, 2009

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

CASE NO. 4:09-CV-1967 CW (NC)

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All parties, by their respective counsel, hereby agree and stipulate to the following

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proposed Addendum to the March 7, 2011 “Stipulated Protective Order Regarding

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Confidentiality of Documents and Materials” (the “Stipulated Protective Order”) (Dkt. 320)

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entered by the Court in this matter in order to address concerns of certain third party subpoena

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recipients regarding information to be produced pursuant to subpoena or otherwise made

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available in this litigation:

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1.

This Addendum incorporates by reference all provisions of the Stipulated

Protective Order to the extent those provisions do not conflict with the provisions herein. Unless

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otherwise defined herein, defined terms in the Stipulated Protective Order shall have the same

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definitions in this Addendum.

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2.

A producing party may designate as “Outside Attorneys’ Eyes Only” any

testimony, information, or document that is especially sensitive such that the producing party

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believes in good faith that it would suffer competitive harm if publicly known or known by
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agents and employees of other parties or non-parties who would have access under the Stipulated
Protective Order to Confidential Material.
3.

Designation of “Outside Attorneys’ Eyes Only” material shall be made in the

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same manner as designation of Confidential Material pursuant to Paragraphs (5), (6), (7) and (8)

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of the Stipulated Protective Order.

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4.

“Outside Attorneys’ Eyes Only” material may be disclosed, summarized,

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described, characterized, or otherwise communicated or made available in whole or in part by the
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party to whom such materials are produced or disclosed only to the following persons, who shall

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be bound thereby by the terms of the Stipulated Protective Order and this Addendum: (a) the

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parties’ outside counsel and their legal, clerical, or support staff; (b) experts or consultants

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retained by a party in connection with this action; (c) any person indicated on the face of a

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

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CASE NO. 4:09-CV-1967 CW (NC)

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document to be the author, addressee, or a copy recipient of the document; (d) the Court, Court

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personnel, any juror or any court reporter employed in this action; and (e) any other person only

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upon order of the Court after notice to the producing party or stipulation of the producing party.

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“Outside Attorneys’ Eyes Only” material shall not be disclosed to any person identified in

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category (b) above until such person has been shown a copy of the Stipulated Protective Order

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and this Addendum and has first agreed to be bound by the terms of the Stipulated Protective

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Order and this Addendum by executing the Acknowledgment attached hereto as Exhibit A.
5.

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A Fed. R. Civ. P. 30(b)(6) witness or equivalent designated by a party or non-

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party may be shown any material designated “Outside Attorneys’ Eyes Only” during the course

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of his/her examination if (a) counsel for the examining party believes in good faith that such a

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witness has a need to review such material, and (b) that witness is employed by the same entity,

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including any subsidiary or affiliate thereof, as a person indicated on the face of such a document

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to be the author, addressee, or a copy recipient.
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6.

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Any deponent or witness who currently is or at the time of the creation of the

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relevant discovery material was employed by the producing party may be shown “Outside

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Attorneys’ Eyes Only” material so designated by that producing party during the course of

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his/her examination.

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7.

Except as set forth in this Addendum, “Outside Attorneys’ Eyes Only” material

shall be treated in the same manner as Confidential Material pursuant to the Stipulated Protective

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Order.
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//

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//

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//

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//

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

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CASE NO. 4:09-CV-1967 CW (NC)

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

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Dated: December 6, 2011

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HAUSFELD LLP

KEKER & VAN NEST LLP

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/s/ Jon T. King
Michael P. Lehmann (Cal. Bar No. 77152)
Jon T. King (Cal. Bar No. 205073)
Bruce J. Wecker (Cal. Bar No. 78530)
44 Montgomery Street, 34th Floor
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

/s/ R. James Slaughter
Robert A. Van Nest
R. James Slaughter
633 Battery Street
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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LATHAM & WATKINS LLP

Michael D. Hausfeld (pro hac vice)
HAUSFELD LLP
1700 K Street, NW, Suite 650
Washington, DC 20006
Tel: [phone]
Fax: [phone]
Email: [e-mail]

/s/ Timothy L. O’Mara
______
Daniel M. Wall
Timothy L. O'Mara
505 Montgomery Street, Suite 2000
San Francisco CA 94111-6538
Tel: [phone]
Fax : [phone]
E-mail: [e-mail]
[e-mail]

Plaintiffs’ Interim Co-Lead Class Counsel
with Principal Responsibility for Antirust
Claims

Attorneys for Defendant
Electronic Arts Inc.

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HAGENS BERMAN SOBOL SHAPIRO LLP

KILPATRICK STOCKTON LLP

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/s/
Robert B. Carey
Robert B. Carey (pro hac vice)
Leonard W. Aragon (pro hac vice)
11 West Jefferson
Suite 1000 Phoenix, AZ, 85003
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

/s/
R. Charles Henn Jr.
KILPATRICK TOWNSEND & STOCKTON
LLP
William H. Brewster (pro hac vice)
R. Charles Henn Jr. (pro hac vice)
Suite 2800
1100 Peachtree Street
Atlanta, GA 30309-4530
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant College Licensing
Company

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

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CASE NO. 4:09-CV-1967 CW (NC)

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Steve W. Berman (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Plaintiffs' Interim Co-Lead Class Counsel
With Primary Responsibility for the
Right of Publicity Claims

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MILLER, CANFIELD, PADDOCK AND
STONE, P.L.C.
/s/
Gregory L. Curtner
Gregory L. Curtner (pro hac vice)
Robert J. Wierenga (SBN 183687)
Kimberly K. Kefalas (pro hac vice)
Kimberly L. Scott (pro hac vice)
Suzanne L. Wahl (pro hac vice)
101 North Main St., 7th Floor
Ann Arbor, MI 48104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
National Collegiate Athletic Association

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IT SO ORDERED.
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12/6/2011
Dated: ______________________________

________________________________
The Honorable Claudia Wilken
U.S. DISTRICT COURT JUDGE

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I, Jon T. King, am the ECF User whose ID and password are being used to file this
STIPULATION AND [PROPOSED] ORDER RE ADDENDUM TO STIPULATED
PROTECTIVE ORDER

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In compliance with General Order 45, X.B., I hereby attest that Robert B. Carey, R.

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Charles Henn Jr., Gregory L. Curtner, R. James Slaughter, and Timothy L. O’Mara, Jr. have

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concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

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CASE NO. 4:09-CV-1967 CW (NC)

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ____________________________________________ [print or type full name], of

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__________________________________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the “Stipulated Protective Order

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Regarding Confidentiality of Documents and Materials” (the “Stipulated Protective Order”) that

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was entered on March 7, 2011 by the United States District Court for the Northern District of
California in the case of In re Student-Athlete Name and Likeness Licensing Litigation., No. 09-

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cv-1967 CW, and the “Stipulation and Order Re Addendum to Stipulated Protective Order” (the

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“Addendum”) entered by the Court on _______________. I agree to comply with and to be

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bound by all the terms of the Stipulated Protective Order and the Addendum, and I understand

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and acknowledge that failure to so comply could expose me to sanctions and punishment in the

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nature of contempt. I solemnly promise that I will not disclose in any manner any information or
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item that is subject to this Stipulated Protective Order or the Addendum to any person or entity in

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strict compliance with the provisions of the Stipulated Protective Order and the Addendum.

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I further agree to submit to the jurisdiction of the United States District Court for the

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Northern District of California for the purpose of enforcing the terms of the Stipulated Protective

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Order and the Addendum, even if such enforcement proceedings occur after termination of this

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action.

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Date: ___________________________________
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City and State where sworn and signed: __________________________________

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Name: ___________________________________ [printed name]

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Signature: ________________________________ [signature]

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STIPULATION AND [PROPOSED] ORDER RE ADDENDUM
TO STIPULATED PROTECTIVE ORDER

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CASE NO. 4:09-CV-1967 CW (NC)