JENKINS et al v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al

Filing 122

STIPUALTED ORDER Re: Discovery of Electronically Stored Information. (Re: dkt no. 121 in case no. 14-cv-2758-CW and dkt no. 207 in case no. 14-md-2541-CW). Signed by Judge Claudia Wilken on 3/6/2015. (mklS, COURT STAFF) (Filed on 3/6/2015)

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[All counsel listed on sig. page]

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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: NATIONAL COLLEGIATE
ATHLETIC ASSOCIATION
ATHLETIC GRANT-IN-AID CAP
ANTITRUST LITIGATION

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This Document Relates to:
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ALL ACTIONS

No. 4:14-md-2541-CW
No. 4:14-cv-02758-CW
[PROPOSED] STIPULATED ORDER RE:
DISCOVERY OF ELECTRONICALLY
STORED INFORMATION

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1. PURPOSE

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Unless otherwise agreed to by the parties, this Order will govern discovery of

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electronically stored information (“ESI”) in this case as a supplement to the Federal Rules of

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Civil Procedure, this Court’s Guidelines for the Discovery of Electronically Stored Information,

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and any other applicable orders and rules. Capitalized terms in this Order are defined in the

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attached Exhibit A.

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2. COOPERATION
The parties are aware of the importance the Court places on cooperation and commit to
cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the

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Discovery of ESI.

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3. LIAISON

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The parties will identify liaisons to each other who are and will be knowledgeable about

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and responsible for discussing their respective ESI. Each e-discovery liaison will be, or have

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access to those who are, knowledgeable about the technical aspects of e-discovery, including the

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location, nature, accessibility, format, collection, search methodologies, and production of ESI in

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this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help

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resolve disputes without court intervention.

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4. PRESERVATION
The parties have discussed their preservation obligations and needs and agree that

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preservation of potentially relevant ESI will be reasonable and proportionate. Given the nature

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and complexity of these coordinated actions, the parties agree to address methods to reduce the

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costs and burdens of preservation and to ensure proper ESI is preserved in response to particular

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discovery requests.

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The following categories of ESI are not discoverable—and, to the extent that they exist,

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need not be retained, processed, reviewed, or produced—except upon a showing of good cause:

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(a) recorded voice messages, including voice-mail in the Avaya Voice Player (.lvp) or WAVE

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(.wav) file formats; (b) instant messaging communications, including Skype communications; (c)

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temporary data stored in a computer’s random access memory (RAM), or other ephemeral data

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that are difficult to preserve without disabling the operating system; (d) common system and

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program files; (e), slack, fragmented, unallocated data, or data that no longer has a file marker on

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hard drives; (f) Online Access Data; (g) electronic mail sent to or from mobile devices (e.g.,

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iPhone and Blackberry devices), provided that a copy of such mail is routinely saved elsewhere;

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(h) other electronic data stored on a mobile device, such as calendar or contact data or notes,

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provided that a copy of such information is routinely saved elsewhere; (i) logs of calls made

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from mobile devices; (j) Network Access and Server Activity Logs; (k) data remaining from

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systems that are no longer in use, and that is unintelligible on systems in use; (l) on-line access

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data such as temporary internet files, history, cache, cookies, etc.; (m) data in metadata fields that

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are frequently updated automatically, such as last-opened dates.

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The parties shall meet and confer regarding the discoverability and preservation of (a)

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text or pin-to-pin messages sent to or from mobile devices (e.g., iPhone and Blackberry devices)

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and (b) back-ups or other long-term storage media (Backup and Archival Files) that were created

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strictly for use as a data back-up or disaster recovery medium.

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5. SEARCH

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The parties will cooperate in good faith regarding the disclosure and formulation of

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appropriate search terms and protocols used to search for ESI responsive to document requests

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served pursuant to Fed. R. Civ. P. 34. The parties shall meet and confer as early as possible to

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discuss, inter alia:

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Disclosure of search terms used to search for documents responsive to document

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requests, including semantic synonyms. Semantic synonyms shall mean without

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limitation code words, terms, phrases or illustrations, acronyms, abbreviations, or non-

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language alphanumeric associational references to relevant ESI, or information that may

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lead to the discovery of relevant ESI.

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Post-search error sampling and sampling/testing reports, if any.

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Potential use of computer-assisted review or predictive coding techniques.

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The parties will meet and confer, prior to the application of search terms to find

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documents responsive to party document requests, and will review any search terms proposed

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and/or requested by the parties. The parties will continue to meet and confer regarding any

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search process issues as necessary and appropriate, including any supplemental requests to add

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additional search terms based on supplemental document productions by either party. This ESI

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protocol does not address or resolve any other objection to the scope of the parties’ respective

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discovery requests.

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6. PRODUCTION FORMATS
The parties agree that documents produced in these proceedings, whether originally

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stored in paper or electronic form, shall be produced in electronic form in the manner as

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described below. Notwithstanding the foregoing provisions of this paragraph, the Parties reserve

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the right to request that an alternative format or method of production be used for certain

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Documents. In that event, the Receiving Party and the Producing Party will meet and confer to

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discuss alternative production requirements, concerns, formats, or methods.

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a)

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formats:

Document Format. Documents shall be produced according to the following

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i) Electronic Production of Paper Documents. Documents that are maintained in

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paper format shall be scanned per document and converted to a Static Image, and, except

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as otherwise provided below, shall be produced as black and white 1-bit TIFF images at

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300 x 300 d.p.i. or greater resolution, in Group 4 compression single-page TIFFs and

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reflect the full and complete information contained in the original Document. Documents

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shall also be produced with the associated OCR, and with a load file, in accordance with

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paragraph 6(a)(iii), below. No Producing Party shall be required to ensure that the OCR

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is an exact duplicate of the contents of the TIFF image; and the Receiving Party shall

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accept the OCR in its “as is” condition. In the event a Document is redacted, the

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Producing Party shall withhold the redacted text for that Document.

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ii) Electronically Stored Information. Except as provided in paragraph 6(a)(iv)

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below, Document images shall be generated from electronic Documents in a Group 4

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compression single-page “TIFF” image that reflects the full and complete information

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contained on the original Document. All black and white images must be in 1-bit TIFF

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image format and color documents, if applicable, must be in 8-bit JPG image format,

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together with a Load File or functional equivalent specified in Paragraph 6(a)(iii) that

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contains the metadata as set forth in Paragraph 6(h), below, and Extracted Text or

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associated OCR or a link thereto. In the event a Document is redacted, the Producing

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Party shall withhold the redacted text for that Document.

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iii) File Structure. Each production shall include the following unless otherwise
agreed between the parties:
a. Index File:

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Each production has one index file, in .DAT file format

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The format of the DAT file should use Western European (Windows)

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encoding.
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Standard Concordance delimiters shall be used

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o Comma — ASCII character 20 (¶)

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o Quote — ASCII character 254 (þ)

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o Newline — ASCII character 174 (®)

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herein)

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First line must contain the column/field names (set forth in paragraph 6(h)

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The fields BEGINBATES, ENDBATES, TEXTPATH and NATIVELINK
must be present

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Each subsequent row must contain the Metadata for one Document

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Every row must have the same number of columns/fields (empty values

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are acceptable)
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File should be placed in the root directory

b. OCR and Extracted Text Files (.TXT Files):
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A single text file for each Document containing all the Document’s pages,
in text.

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Filenames should be of the form: <Bates num>.txt, where <Bates num> is
the Bates number of the first page of the Document, filenames should not

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contain spaces

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Text must be encoded in Western European (Windows) format

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The TEXTPATH of the OCR or Extracted Text files should be included as

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a field in the DAT file listed above
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Files should be placed in the text/ subdirectory

c. Image Files:1

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A single image for each page in each Document

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A single image per file (no multi-page image files)

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The default format should be 1-bit black and white single-page TIFF

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images and 24-bit color JPG images, if applicable.
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Filenames should be of the form: <Bates num>.<ext>, where <Bates

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num> is the BATES number of the page, and <ext> is the appropriate

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extension for the image format (.jpg, .tif, .png, etc.), filenames should not

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contain spaces
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Files should be placed in the images/ subdirectory

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Not required for documents produced in Native Format.

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d. Native Files:
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Microsoft PowerPoint files, and (c) other files that the parties may agree

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Native files need only be produced for (a) Microsoft Excel files, (b)

should be produced natively pursuant to paragraph 6(a)(iv), below.
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Where Documents are produced in Native Format (pursuant to paragraph
6(a)(iv) below) filenames must be unique in the production, unless the

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content is identical; preferably by naming files by the starting Bates
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number of the associated document
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The filename of a native file must retain the file extension corresponding
to the original Native Format; for example, an Excel 2003 spreadsheet’s

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extension must be .xls
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Each native file filename must correspond to the NATIVELINK metadata
field in its corresponding document’s row in the DAT file

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Where native files are produced pursuant to this subsection, it is
unnecessary to produce Image files, such as TIFF images, other than the

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bates stamped native placeholder documents discussed below.
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Any native file text must be encoded in Western European (Windows)
format

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Native files should be placed in the natives subdirectory

iv) Native Format Documents. The parties recognize that it may be appropriate for
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certain Documents to be produced in Native Format. Therefore, the Producing Party
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shall produce all .XLS spreadsheets and .PPT presentations in Native Format unless there
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is an agreement to the contrary, with bates stamped native placeholder documents
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representing native documents for purposes of document identification and
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confidentiality designations. The Receiving Party may also request that the Producing
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Party produce additional file types of electronic Documents in Native Format where the

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converted image format distorts or causes the information to be improperly displayed, or

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for which there is no visual representation, such as audio files. The parties will meet and

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confer regarding such requests.

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If a Document to be produced as a Native Format contains privileged information as

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well as non-privileged information, it shall be produced in TIFF format with redactions

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rather than Native Format.

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To the extent the Producing Party wishes to establish additional procedures for the
protection of confidential information as defined in any applicable Protective Order

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entered herein produced in Native Format, the Producing Party and the Receiving Party

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shall meet and confer to establish additional procedures, to the extent necessary, for the

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protection of the information in Native Format.

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v) Color. Documents shall be produced in black and white in the first instance. If a

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produced Document contains color and that color is necessary to decipher the meaning,

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context, or content of the document, the Producing Party shall honor reasonable requests

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for either the production of the original Document for inspection and copying or

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production of a color image of the Document.

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vi) Resolution of Production Issues. If Documents cannot be read because of

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imaging or formatting problems, the Producing Party and the Receiving Party shall meet

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and confer to attempt to resolve problem(s), to the extent the problem(s) are within the

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Parties’ control.

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vii) Support for Experts’ Opinions. Unless a Document should be produced in

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Native Format, Documents supporting the Producing Party’s experts’ opinions shall be

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produced as PDF files in color where the original Document contains color and color is

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necessary to decipher the meaning, context or content of the document.

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b) Production Media. A Producing Party shall produce Documents on such readily

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accessible computer or electronic media as the Producing Party and the Receiving Party may

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hereafter agree upon (the “Production Media”). Information that shall be identified on the

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face of the Production Media shall include: (1) the production date, and (2) the

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confidentiality notation required by the Protective Order entered in this case, if the media

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contains Confidential Information, as defined in the Protective Order. The face of the

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Production Media shall also contain the Bates Number range(s) of the Documents on the

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Production Media, and where not practicable to do so, may be provided in an accompanying

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letter. If the Producing Party encrypts or “locks” the production, the Producing Party shall

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include with the production or in a separate letter or email an explanation of how to decrypt

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the files. The parties agree to the following production formats: SFTP site, CD, DVD or

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external USB hard drive, whichever results in the least number of items.

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c)

Production of Structured Data. To the extent a response to discovery requires

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production of discoverable electronic information contained in a Database, in lieu of

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producing the Database, the parties shall meet and confer to, with an understanding of which

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fields are relevant, agree upon a set of queries to be made for discoverable information and

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generate a report in a reasonably usable and exportable electronic file (e.g., Excel or CSV

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format) for review by the Requesting Party or counsel. Upon review of the report(s), the

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Requesting Party may make reasonable requests for additional information to explain the

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Database scheme, codes, abbreviations, and different report formats or to request specific

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data from identified fields.

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If a Producing Party asserts that certain ESI is inaccessible or otherwise unnecessary or

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inadvisable under the circumstances, or if the Requesting Party asserts that, following

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production, certain ESI is not reasonably usable, the parties shall meet and confer with their

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respective technology experts to discuss resolving such assertions. If the parties cannot

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resolve any such disputes after such a meet and confer has taken place, the issue shall be

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presented to the Court for resolution.

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d)

Document Unitization. Paper documents scanned into Document Images shall

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be logically unitized in a manner so as to maintain the document(s) and any attachments, as

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they existed in their original state, if possible. For electronic documents, the relationship of

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Documents in a Document collection (e.g., cover letter and enclosures, e-mail and

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attachments, binder containing multiple documents, or other documents where a parent-child

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relationship exists between the documents) shall be maintained through the scanning or

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conversion process from Native Format to TIFF, provided however that the Parties shall only

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be required to present one level of parent-child relationship. Document Images generated

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from attachments to e-mails stored in Native Format shall be produced contemporaneously

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and sequentially immediately after the parent e-mail. All hard copy Documents imaged and

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produced electronically shall include a unitization file (“load file”) in accordance with

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paragraph 6(a)(iii)(a).

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e)

Duplicates. The Producing Party may remove duplicate Documents pursuant to

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the following limitations: removal of duplicates shall only be done on exact duplicate

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Documents (based on MD5 or SHA-1 hash values at the Document level). As a general rule,

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a Producing Party may de-duplicate its production within a source (custodian), or across the

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entire production (cross-custodian/globally). With respect to hard copy documents for which

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metadata does not exist, however, a Producing Party may only de-duplicate within a source

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(e.g., custodian), provided however that if the Producing Party provides the custodian field

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for metadata as requested in Exhibit B it may de-duplicate across the entire production. If a

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Producing Party de-duplicates across the entire production (globally), the Producing Party

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shall provide both of the following: (1) the name of each custodian possessing the de-

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duplicated copy; and (2) the metadata indicating any BCCs on any de-duplicated emails.

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Where any such Documents have attachments, hash values must be identical for both the

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document-plus-attachment (including associated metadata) as well as for any attachment

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(including associated metadata) standing alone. Nothing in this paragraph is intended to

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resolve a Producing Party’s objections in written discovery requests on the ground that the

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request is duplicative because the requested Documents were produced or are being produced

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by other parties.

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f)

Paper Documents Containing Fixed Notes. Paper Documents that contain fixed

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notes shall be scanned with the notes affixed, if it can be done so in a manner so as not to

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obstruct other content on the Document. If the content of the Document is obscured by the

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affixed notes, the Document and note shall be scanned separately.

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g)

Bates Numbering and Other Unique Identifiers. Each Producing Party shall

Bates number its production(s) as follows:
i) Document Images. Each page of a produced Document—except Native Files—

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shall have a legible, unique page identifier (“Bates Number”) electronically “burned”

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onto the image at a location that does not unreasonably obliterate, conceal, or interfere

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with any information from the source document. The Bates Numbers shall be

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enumerated as defined above in Definitions. The Producing Party will use a consistent

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prefix throughout the matter unless good reason exists for using a different prefix. No

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other legend or stamp will be placed on the Document Image other than a confidentiality

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legend (where applicable), redactions, the Bates Number identified above, and any other

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internal tracking number that the Producing Party may choose to use. The confidentiality

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legend shall be “burned” onto a Document’s image at a location that does not

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unreasonably obliterate or obscure any information from the source document.

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ii) Native Format Documents. In the event Native Format Documents are produced,

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in order to preserve the integrity of those Native Format Documents, no Bates Number,

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confidentiality legend or internal tracking number should be added to the content of the

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Native Document unless otherwise agreed between the Producing Party and the

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Receiving Party during any meet and confer related to confidentiality protections for

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Native Format Documents; however, the Producing Party will provide a MD5 Hash

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Value for each Native Format Document.

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h)

Metadata. The Producing Party shall produce the metadata information

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described in Exhibit B, if available, with each production and in the format described in

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Paragraph 6(a)(iii)(a) above. The Producing Party has no obligation or duty to fill in any

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metadata fields or create any metadata that is not present with the original file. For each

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Document, the Producing Party shall produce a line in the index file with the fields identified

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in Exhibit B, where available. The field naming conventions shall be as described in

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Exhibit B unless otherwise agreed and consistently applied across all productions.
i)

Compressed Files. Compression file types (i.e., .CAB, .GZ, .TAR, .Z, .ZIP)

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shall be decompressed in a reiterative manner to ensure that a zip within a zip is

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decompressed into the lowest possible compression resulting in individual folders and/or

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files.

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7. PHASING

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When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties

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agree to meet and confer regarding the phasing of the production of ESI, should such phasing be

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appropriate.

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8. OBJECTIONS TO ESI PRODUCTION
If either party objects to producing requested information in the formats described herein

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on the grounds that such information is not reasonably accessible because of undue burden or

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cost, before asserting such an objection, the responding party will inform the requesting party of

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any format in which it is willing to produce the requested data, the nature and location of the

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information claimed to not be reasonably accessible, the reason(s) why the requested form of

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production would impose an undue burden or is unreasonably costly, and afford the requesting

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party 10 business days from receipt of such notice to propose an alternative means of compliance

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with the request. Such proposal may include alternative cost estimates for ESI discovery

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production, may offer a proposal for ESI discovery cost allocation, or both.

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The parties shall meet and confer in good faith to resolve any dispute regarding a

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proposed deviation from the provisions of this stipulation. To the extent the parties are unable to

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resolve any such dispute, each party reserves the right to seek judicial intervention in compliance

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with the relevant court rules and orders. Nothing in this Order negates the parties’ ongoing

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obligations to report spoliation of evidence.

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9. DOCUMENTS PROTECTED FROM DISCOVERY
a)

For any document withheld in its entirety or produced but redacted on the basis of

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privilege or work product protections, the party withholding the document(s) (the

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“Withholding Party”) will produce privilege/redaction logs consistent with the requirements

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of the Federal Rules of Civil Procedure.

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b)

The logs shall be in Excel format or any other format that permits electronic

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sorting and searching, except that the parties shall have no obligation to log information

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generated on or after March 5, 2014. When there is a chain of privileged e-mails, the

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Withholding Party need only include one entry for the top/most recent email on the

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privilege/redaction log for the entire e-mail chain and need not log each e-mail contained in

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the chain separately. For each document withheld or redacted, the producing party’s

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privilege/redaction logs shall include the following information: (a) custodian or source; (b)

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date; (c) author(s); (d) for documents produced but redacted on the ground of privilege, the

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starting and ending Bates number; (e) recipient(s), CC(s) and BCC(s) (for e-mail and hard-

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copy communication such as letters and internal memoranda); (f) specification of the

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privilege claimed; and (g) a description of the document and the basis for the privilege or

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redaction claim. Privilege/redaction logs shall be produced within 45 days of the

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production, or another time period mutually agreed to by the parties.

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c)

Pursuant to Fed. R. Evid. 502(b), the disclosure of a communication or

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information covered by the attorney-client privilege of work-product doctrine does not

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operate as a waiver if (1) the disclosure is inadvertent; (2) the holder of the privilege or

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protection takes reasonable steps to prevent disclosure; and (3) the holder promptly took

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reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil

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Procedure 26(b)(5)(b).

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d)

All other issues of privilege, including the production of privileged or protected

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documents or information, shall be governed by the Protective Order entered by the Court in

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this litigation.

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10. MODIFICATION
This Stipulated Order may be modified by a Stipulated Order of the parties or by the

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Court for good cause shown.

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11. MISCELLANEOUS

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This Stipulated Order is not intended to govern any protections or restrictions related to the

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production of privileged litigation material. Any documents recalled due to a mutually-agreed

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upon clawback provision shall have a specific protocol followed to ensure all copies of each such

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document are appropriately removed from the review system of the opposite party.

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IT IS SO STIPULATED, through Counsel of Record.

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DATED: March 4, 2015

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HAGENS BERMAN SOBOL SHAPIRO LLP
By

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/s/ Steve W. Berman
STEVE W. BERMAN

1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
[e-mail]

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Jeff D. Friedman (173886)
Jon T. King (205073)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Robert Carey
HAGENS BERMAN SOBOL SHAPIRO LLP
11 W Jefferson St,
Phoenix, AZ 85003
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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DATED: March 4, 2015

PEARSON, SIMON & WARSHAW, LLP

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By

/s/ Bruce L. Simon
BRUCE L. SIMON

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Aaron M. Sheanin (214472)
Benjamin E. Shiftan (265767)
44 Montgomery Street, Suite 2450
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Plaintiffs’ Interim Co-Lead Class Counsel

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DATED: March 4, 2015

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WINSTON & STRAWN LLP
By

/s/ Jeffrey L. Kessler
JEFFREY L. KESSLER

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David Feher
David Greenspan
200 Park Avenue
New York, NY 10166
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs Martin Jenkins, Johnathan
Moore, Kevin Perry, and William Tyndall
Plaintiffs’ Interim Co-Lead Class Counsel

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DATED: March 4, 2015

LIEFF CABRASER HEIMANN & BERNSTEIN,
LLP

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By

/s/ Eric B. Fastiff
ERIC B. FASTIFF

Brendan P. Glackin (State Bar No. 199643)
Lin Y. Chan (State Bar No. 255027)
Katherine C. Lubin (State Bar No. 259826)
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: (415) 956-10008
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Wendy R. Fleishman
LIEFF CABRASER HEIMANN & BERNSTEIN,
LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Brad R. Sohn
THE BRAD SOHN LAW FIRM, PLLC
2211 S.W. Secoffee Terrace
Miami, FL 33133
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff Dax Dellenbach

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DATED: March 4, 2015

PROSKAUER ROSE LLP

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By

/s/ Scott P. Cooper
SCOTT P. COOPER

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16

Jennifer L. Jones (SBN 284624)
Sarah Kroll-Rosenbaum (SBN 272358)
Shawn S. Ledingham (SBN 275268)
2049 Century Park East, Suite 3200
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

17

Attorneys for Defendant Pac-12 Conference

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12
13
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15

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DATED: March 4, 2015

MAYER BROWN LLP
By

/s/ Andrew S. Rosenman
ANDREW S. ROSENMAN

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24
25
26

Britt M. Miller (pro hac vice)
71 South Wacker Drive
Chicago, IL 60606-4637
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Richard J. Favretto (pro hac vice)
MAYER BROWN LLP

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28

16

1999 K Street, N.W.
Washington, D.C. 20006-1101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

1
2
3
4

Attorneys for Defendant The Big Ten Conference, Inc.

5
6

DATED: March 4, 2015

ROBINSON BRADSHAW & HINSON
By

7

/s/ Robert W. Fuller
ROBERT W. FULLER

8
Nathan C. Chase, Jr. (SBN 247526)
Mark W. Merritt (pro hac vice)
Lawrence C. Moore, III (pro hac vice)
Amanda R. Pickens (pro hac vice)
101 N. Tryon St., Suite 1900
Charlotte, NC 28246
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

9
10
11
12
13
14
15
16

Mark J. Seifert (SBN 217054)
Robert R. Moore (SBN 113818)
ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

17
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19
20
21
22

Attorneys for Defendant Southeastern Conference

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24
25

DATED: March 4, 2015

SMITH MOORE LEATHERWOOD LLP
By

/s/ D. Erik Albright
D. ERIK ALBRIGHT

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17

1
300 North Greene Street, Suite 1400
Greensboro, NC 27401
Telephone: [phone]
Facsimile: [phone]
Email:[e-mail]

2
3
4
5

Jonathan P. Heyl (pro hac vice)
101 N. Tryon Street, Suite 1300
Charlotte, NC 28246
Telephone: [phone]
Facsimile: [phone]
Email:[e-mail]

6
7
8
9

Charles LaGrange Coleman, III (SBN 65496)
HOLLAND & KNIGHT LLP
50 California Street, Suite 2800
San Francisco, CA 94111-4624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

10
11
12
13

Attorneys for Defendant Atlantic Coast Conference

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15
16

DATED: March 4, 2015

POLSINELLI PC
By

/s/ Leane K. Capps
LEANE K. CAPPS

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18
19
20
21
22
23
24
25
26

Saint Ann Court
2501 N. Harwood Street, Suite 1900
Dallas, TX 75201
Telephone: [phone]
Email: [e-mail]
Mit S. Winter (SBN 238515)
Amy D. Fitts (pro hac vice)
POLSINELLI PC
900 W. 48th Place, Suite 900
Kansas City, MO 64112
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Wesley D. Hurst (SBN 127564)

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28

18

POLSINELLI LLP
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: [phone]
Email: [e-mail]

1
2
3
4

Attorneys for Defendants The Big 12 Conference, Inc.
and Conference USA

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6
7
8

DATED: March 4, 2015

SKADDEN ARPS SLATE MEAGHER & FLOM
LLP
By

/s/ Karen Hoffman Lent
KAREN HOFFMAN LENT

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10
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12

Raoul D. Kennedy (SBN 40892)
525 University Avenue, Suite 1100
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

13
14
15
16
17
18
19
20
21
22
23
24
25
26

Jeffrey Mishkin (pro hac vice)
Anthony J. Dreyer (pro hac vice)
Karen Hoffman Lent (pro hac vice)
Four Times Square
New York, NY 10036
Telephone: [phone]
Facsimile [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Robert J. Wierenga (SBN 183687)
Gregory L. Curtner (pro hac vice)
Kimberly K. Kefalas (pro hac vice)
Jacob K. Danziger (SBN 278219)
SCHIFF HARDIN LLP
350 S. Main St., Suite 210
Ann Arbor, MI 48104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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19

1

Email: [e-mail]

2

Attorneys for Defendant National Collegiate Athletic
Association

3
4

DATED: March 4, 2015

5

COVINGTON & BURLING LLP
By

/s/ Benjamin C. Block
BENJAMIN C. BLOCK

6

One City Center
850 Tenth Street, NW
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

7
8
9
10

Matthew D. Kellogg (SBN 280541)
One Front Street
San Francisco, CA 94111-5356
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

11
12
13
14

Attorneys for American Athletic Conference

15
16

DATED: March 4, 2015

17

JONES WALKER LLP
By

/s/ Mark A. Cunningham
MARK A. CUNNINGHAM

18

201 St. Charles Avenue
New Orleans, LA 70170-5100
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

19
20
21
22
23

Attorneys for Defendant Sun Belt Conference
DATED: March 4, 2015

WALTER | HAVERFIELD LLP

24
25

By

/s/ R. Todd Hunt
R. TODD HUNT

26
27
28

20

4

The Tower at Erieview
1301 E. 9th Street, Suite 3500
Cleveland, OH 44114-1821
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5

Attorneys for Defendant Mid-American Conference

1
2
3

6

DATED: March 4, 2015

7

BRYAN CAVE LLP
By

/s/ Adam Brezine
ADAM BREZINE

8
9

560 Mission Street, 25th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

10
11
12

Richard Young (pro hac vice application to be filed)
Brent Rychener (pro hac vice application to be filed)
90 South Cascade Avenue, Suite 1300
Colorado Springs, CO 80903
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

13
14
15
16
17

Attorneys for Defendant Mountain West Conference

18
19
20

DATED: March 4, 2015

BRADLEY DEVITT HAAS & WATKINS, P.C.
By

/s/ Jon T. Bradley
JON T. BRADLEY

21
22
23
24
25
26

Jon T. Bradley (pro hac vice application to be filed)
2201 Ford Street
Golden, CO 80401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Western Athletic Conference

27
28

21

1
2
3

ECF ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence
in the filing of this document has been obtained from each of the other signatories above.

4

/s/ Steve W. Berman
STEVE W. BERMAN

5
6
7

[PROPOSED] ORDER

8
9
10

PURSUANT TO STIPULATION,
IT IS ORDERED that the forgoing Agreement is approved.

11
12
13

Dated: March 6, 2015
THE HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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24
25
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