Speed Track, Inc. v. Amazon.com, Inc. et al

Filing 335

STIPULATION AND ORDER re 333 . Stipulation and [Proposed] Order Re: Second Amendment to Paragraph 7.4(B) of Stipulated Protective Order filed by Recreational Equipment, Inc., OfficeMax, Inc., EVINE Live, Inc., Overstock.Com, Inc., Macys.com, LLC, Speed Track, Inc., Macy's, Inc., B&H Foto & Electronics Corp. Signed by Magistrate Judge Kandis A. Westmore on 7/18/18. (sisS, COURT STAFF) (Filed on 7/18/2018)

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MCKOOL SMITH HENNIGAN, P.C.
RODERICK G. DORMAN (SBN 96908)
[e-mail]
ALAN P. BLOCK (SBN 143783)
[e-mail]
MARC MORRIS (SBN 183728)
[e-mail]
300 South Grand Avenue, Suite 2900
Los Angeles, California 90071
T: [phone]; F: [phone]

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MCKOOL SMITH P.C.
DOUGLAS A. CAWLEY (admitted pro hac)
[e-mail]
300 Crescent Court, Suite 1500
Dallas, Texas 75201
T: [phone]; F: [phone]
MCKOOL SMITH P.C.
JOHN B. CAMPBELL (admitted pro hac vice)
[e-mail]
300 W. 6th Street, Suite 1700
Austin, Texas 78701
T: [phone]; F: [phone]

ARNOLD & PORTER KAYE SCHOLER LLP
MICHAEL A. BERTA (SBN 194650)
[e-mail]
RYAN J. CASAMIQUELA (SBN 228559)
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone:
+1 415.471.3100
Facsimile:
+1 415.471.3400
Attorneys for Defendants
OFFICEMAX, INC.; B & H FOTO &
ELECTRONICS CORP.; EVINE LIVE, INC.;
MACY’S, INC.; MACYS.COM, LLC;
OVERSTOCK.COM, INC.; AND
RECREATIONAL EQUIPMENT, INC.
ADDITIONAL COUNSEL LISTED ON
SIGNATURE PAGE

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Attorneys for Plaintiff SPEEDTRACK, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION

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SPEEDTRACK, INC.,

)
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Plaintiff,
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vs.
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AMAZON.COM, INC.; BARNES & NOBLE
BOOKSELLERS, INC.; J & R ELECTRONICS, )
)
INC.; DELL, INC.; BEST BUY.COM, LLC;
SYSTEMAX, INC.; NA TECH DIRECT, INC.; )
)
POCAHONTAS CORP; SYX NORTH
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AMERICAN TECH HOLDINGS LLC; NA
)
TECH COMPUTER SUPPLIES INC.;
)
OFFICEMAX, INC.; MACY’S, INC.;
)
MACYS.COM, LLC; OVERSTOCK.COM,
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INC.; RECREATIONAL EQUIPMENT, INC.;
)
EVINE LIVE, INC. (f/k/a VALUE VISION
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INTERNATIONAL, INC., DBA
)
SHOPNBC.COM); B &H FOTO &
)
ELECTRONICS CORP.; HP INC. (f/k/a
HEWLETT-PACKARD COMPANY); RETAIL )

Case No. 4:09-cv-04479-JSW
JOINT STIPULATION AND
[PROPOSED] ORDER RE: SECOND
AMENDMENT TO PARAGRAPH 7.4(B)
OF STIPULATED PROTECTIVE
ORDER
Date: N/A
Time: N/A
Place: Hon. Kandis A. Westmore
Courtroom 4, Third Fl.

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Case No. 4:09-CV-04479-JSW

JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER

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CONVERGENCE.COM, LP, DBA
SMARTBARGAINS.COM,

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Defendants.
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Case No. 4:09-CV-04479-JSW

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JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER

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WHEREAS, on April 16, 2018, the Court entered the Parties’ Stipulated Protective Order
(Dkt. 307).

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WHEREAS, Paragraph 7.4(b), as amended, regarding disclosure of materials designated as

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“HIGHLY CONFIDENTIAL – SOURCE CODE,” provides that only three Experts of a Receiving

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Party shall have access to materials so designated: “access to Protective Material designated

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‘HIGHLY CONFIDENTIAL – SOURCE CODE’ shall be limited to up to three (3) Experts of the

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Receiving Party.” (Dkt. 307, at 11; Dkt. 321).

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WHEREAS, Plaintiff SpeedTrack, Inc. and Defendants OfficeMax, Inc., Macy’s, Inc.,
Macys.com, LLC, Overstock.com, Inc., Recreational Equipment, Inc., Evine Live, Inc., and B & H

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Foto & Electronics Corp. agree, and hereby stipulate, that Paragraph 7.4(b) shall be amended to

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provide that four SpeedTrack Experts shall have access to Protected Material designated “HIGHLY

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CONFIDENTIAL – SOURCE CODE” by Defendants OfficeMax, Inc., Macy’s, Inc., Macys.com,

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LLC, Overstock.com, Inc., Recreational Equipment, Inc., Evine Live, Inc., and B & H Foto &

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Electronics Corp. and by third party Adobe Systems, Inc.

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Accordingly, the parties hereby stipulate that Paragraph 7.4 of the Stipulated Protective
Order shall be amended to state as follows:
7.4 Disclosure of “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
Items. Unless otherwise ordered by the court or permitted in writing by the Designating
Party, a Receiving Party may disclose any information or item designated “HIGHLY
CONFIDENTIAL – SOURCE CODE” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose
the information for this litigation;
(b) Experts of the Receiving Party (1) to whom disclosure is reasonably
necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to
Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.5(a)(2),
below, have been followed; provided that access to Protected Material designated “HIGHLY
CONFIDENTIAL – SOURCE CODE” shall be limited to up to three (3) Experts of the
Receiving Party, except that four SpeedTrack Experts shall have access to Protected Material
designated “HIGHLY CONFIDENTIAL – SOURCE CODE” by Defendants OfficeMax,
Inc., Macy’s, Inc., Macys.com, LLC, Overstock.com, Inc., Recreational Equipment, Inc.,
Evine Live, Inc., and B & H Foto & Electronics Corp. and by third party Adobe Systems,
Inc;

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Case No. 4:09-CV-04479-JSW

-1JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER

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(c) the court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and

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(e) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.

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IT IS SO STIPULATED, through Counsel of Record.

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Respectfully submitted,

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DATED: July 13, 2018

MCKOOL SMITH HENNIGAN P.C.
By

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/s/ Alan P. Block
Alan P. Block

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Attorneys for Plaintiff SpeedTrack, Inc.

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DATED: July 13, 2018

ARNOLD & PORTER LLP

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By

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/s/ Michael A. Berta
Michael A. Berta

Attorneys for Defendants
Officemax, Inc., Macys.Inc., Macys.com, Inc.,
dba Macys.com, LLC, Overstock.com, Inc.,
Recreational Equipment, Inc., Valuevision
International, dba Evine Live, Inc., formerly
dba ShopNBC.com, and B&H Foto &
Electronics Corp.

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Case No. 4:09-CV-04479-JSW

-2JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER

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ORDER

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IT IS ORDERED that the forgoing Agreement is approved and Paragraph 7.4 of the

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Stipulated Protective is amended as set forth above.

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7/18/18
Dated: _________________________

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__________________________________
United States Magistrate Judge

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Case No. 4:09-CV-04479-JSW

-3JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER

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ATTESTATION

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I, Alan P. Block, am the ECF User whose identification and password are being used to file

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the foregoing STIPULATION in compliance with Civil Local Rule 5.1, and that concurrence in the

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filing of this document was obtained from the above signatories to this document.

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/s/ Alan P. Block
Alan P. Block

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Case No. 4:09-CV-04479-JSW

-4JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND
AMENDMENT TO PAR. 7.4(B) OF STIPULATED PROTECTIVE ORDER