Wilson v. PTT, LLC

Filing 181

STIPULATION AND ORDER re 180 Stipulated Motion Regarding Agreed Rider to Protective Order Regarding the Use and Disclosure of Discovery Produced by Nonparty Amazon.com, Inc. Signed by Judge Robert S. Lasnik. (SR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10
11
12
13
14
15

SEAN WILSON, individually and on behalf
of all others similarly situated,
Plaintiff,
vs.
PTT, LLC, a Delaware limited liability
company d/b/a HIGH 5 GAMES, LLC, a
Delaware limited liability company

Civil Action No. 3:18-cv-05275-RSL
STIPULATION AND ORDER
REGARDING AGREED RIDER TO
PROTECTIVE ORDER
REGARDING THE USE AND
DISCLOSURE OF DISCOVERY
PRODUCED BY NONPARTY
AMAZON.COM, INC.

Defendant.
NOTING DATE: May 6, 2021

16
17
18

This agreement is entered into between and among nonparty Amazon.com, Inc.

19

(“Amazon”) and Plaintiff, Sean Wilson, individually and on behalf of all others similarly

20

situated (the “Plaintiff” and together with Amazon, the “Parties”). The Parties anticipate that

21

Amazon will produce documents in this action that Amazon contends contain sensitive

22

consumer information. This agreement is intended to supplement the protective orders entered

23

by the Court on September 19, 2018 (ECF No. 51) and March 8, 2019 (ECF No. 62)

24

(collectively, “Protective Order”).

25

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good

26

cause for the following Agreed Rider To Protective Order Regarding The Use And Disclosure

27

Of Discovery Produced By Nonparty Amazon.com, Inc. (the “Rider”).
STIPULATION AND ORDER - 1

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

PURPOSES AND LIMITATIONS
Amazon Protected Material designated under the terms of this Rider shall be used by
Class Counsel and/or the Notice Administrator, as set forth herein, solely for the purpose of
providing notice to Damages Class Members and other uses expressly contemplated by this
Rider. Amazon Protected Material shall not be used directly or indirectly for any other
purpose whatsoever.
DEFINITIONS
“Amazon Protected Material” means any discovery produced by Amazon in
this case and any other materials agreed upon in writing between the Parties.
“Damages Class Member” means all persons in Washington who made in-game
purchases within the application associated with Amazon Standard Identification Number
(“ASIN”) B017WKUGQI after April 9, 2014.
“Lifetime Spending Amount” means a Damages Class Member’s all-time
spending amount with respect to in-game purchases within the application associated
with ASIN B017WKUGQI.
“Class Counsel” means Plaintiff’s attorneys representing them in this case.
“Notice Administrator” means Heffler Claims Group or any professional class action
administrator otherwise approved by this Court.
“Final Disposition” occurs after an order, mandate, or dismissal finally terminating
the above-captioned action with prejudice, including all appeals.
COMPUTATION OF TIME
The computation of any period of time prescribed or allowed by this Rider shall be
governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6.
SCOPE
The protections conferred by this Rider cover not only the Amazon Protected Material
governed by this Rider as addressed herein, but also any information copied or extracted
therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
STIPULATION AND ORDER - 2

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1

conversations, or presentations by Class Counsel in court or in any other settings that might

2

reveal Amazon Protected Material.

3

DURATION

4

Even after the termination of this case, the confidentiality obligations imposed by this

5

Rider shall remain in effect until Amazon agrees otherwise in writing or a court order

6

otherwise directs, subject to the Final Disposition clause herein.

7

ACCESS TO AMAZON PROTECTED MATERIAL

8

Basic Principles. All Amazon Protected Material shall be used solely for the purpose of

9

providing notice to Damages Class Members, the calculation, prosecution, and any ultimate

10

payment of Damages Class Members’ claims, and other uses expressly agreed upon with

11

Amazon in writing. Amazon Protected Material shall not be used for any other purpose

12

whatsoever, including without limitation in any other litigation or any business or competitive

13

purpose or function. Amazon Protected Material shall not be provided, distributed, disclosed,

14

or made available to anyone except as expressly provided in this Rider.

15

Secure Storage, No Export. Amazon Protected Material must be stored and

16

maintained at a location in the United States and in a secure manner that ensures that access

17

is limited to the persons authorized under this Rider. To ensure compliance with applicable

18

United States Export Administration Regulations, Amazon Protected Material may not be

19

exported outside the United States.

20
21
22

Limitations. Nothing in this Rider shall restrict in any way Amazon’s use or
disclosure of its own Amazon Protected Material.
Designation. For the avoidance of doubt, in all circumstances not specifically

23

addressed by this Rider, all Amazon Protected Material shall be treated as if designated

24

“CONFIDENTIAL” under the Protective Order regardless of whether the Amazon Protected

25

Material has been stamped or marked in accordance with that Order.

26

USE OF PROTECTED MATERIAL

27

Amazon will produce certain Amazon Protected Materials as set forth herein.
STIPULATION AND ORDER - 3

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1

Disclosure to Notice Administrator and Class Counsel.

2

To the extent Amazon is in possession of such information, Amazon will produce

3

directly to the Notice Administrator and Class Counsel: (a) a list of all Damages Class

4

Members, their Lifetime Spending Amounts, and their email addresses and, in addition, (b)

5

for Damages Class Members whose Lifetime Spending Amounts exceed $100, their

6

physical mailing addresses and phone numbers. Unless otherwise ordered by the Court or

7

authorized through the prior written consent of Amazon, the Notice Administrator and Class

8

Counsel may disclose these Amazon Protected Materials only to members of the Notice

9

Administrator’s staff or Class Counsel’s staff, or to any copying, clerical or other support

10

services working at the direction of the Notice Administrator, to whom disclosure is

11

reasonably necessary for the uses expressly set forth in this Rider, provided that each such

12

person to whom disclosure is made must first agree to be bound by the provisions of this

13

Rider by signing a copy of Exhibit A.

14

Disclosure to Individual Damages Class Members

15

Nothing in this section is intended to restrict the Notice Administrator or Class Counsel

16

from disclosing to a Damages Class Member any Amazon Protected Material that specifically

17

relates to that individual.

18

CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL

19

This Rider does not provide a mechanism for Plaintiff to challenge the designation

20

or protected status of Amazon Protected Materials. Any such challenges may be made

21

pursuant to the Protective Orders already entered in this case.

22

SUBPOENAS OR COURT ORDERS

23

If at any time Amazon Protected Material is subpoenaed by any court, arbitral,

24

administrative, or legislative body, the party to whom the subpoena or other request is

25

directed shall immediately give prompt written notice thereof to Amazon and to its counsel

26

and shall provide Amazon with an opportunity to move for a protective order regarding the

27

production of Amazon Protected Materials implicated by the subpoena.
STIPULATION AND ORDER - 4

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

FILING PROTECTED MATERIAL
Absent written permission from Amazon or a court order secured after appropriate
notice to all interested persons, Plaintiff may not publicly file (i.e., file without a motion to
seal) or disclose in the public record any Amazon Protected Material.
INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER
In the event of a disclosure of any Amazon Protected Material pursuant to this Rider
to any person or persons not authorized to receive such disclosure under this Rider, the party
responsible for having made such disclosure, and each party with knowledge thereof, shall
immediately notify counsel for Amazon and provide all known relevant information
concerning the nature and circumstances of the disclosure. The responsible disclosing party
shall also promptly take all reasonable measures to retrieve the improperly disclosed
Amazon Protected Material and to ensure that no further or greater unauthorized disclosure
and/or use thereof is made.
Unauthorized or inadvertent disclosure does not change the status of Amazon
Protected Material or waive the right to hold the disclosed document or information as
Protected.
FINAL DISPOSITION
Not later than ninety (90) days after closure of the Final Disposition of this case, Class
Counsel and the Notice Administrator shall return all Amazon Protected Material to
Amazon’s outside counsel or destroy the Amazon Protected Material, at the option of
Amazon.
Upon Amazon’s request, Plaintiff and the Notice Administrator shall certify in
writing that all such materials have been returned to counsel for Amazon or destroyed.
MISCELLANEOUS
Termination of Matter and Retention of Jurisdiction. The Parties agree that the terms of
this Rider shall survive and remain in effect after the Final Disposition of the Actions. The

27
STIPULATION AND ORDER - 5

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1

Court shall retain jurisdiction after Final Disposition of the matter to hear and resolve any

2

disputes arising out of this Rider.

3

Successors. This Rider shall be binding upon the Parties, their attorneys, and their

4

successors, executors, personal representatives, administrators, heirs, legal representatives,

5

assigns, subsidiaries, divisions, employees, agents, retained consultants and experts, and any

6

persons or organizations over which they have direct control.

7

Modification by Court. This Rider is subject to further court order based upon public

8

policy or other considerations, and the Court may modify this Rider sua sponte in the interests

9

of justice. The United States District Court for the Western District of Washington is

10

responsible for the interpretation and enforcement of this Rider. All disputes concerning

11

Amazon Protected Material, however designated, produced under the protection of this Rider

12

shall be resolved by the United States District Court for the Western District of Washington.

13

Representation and Agreements Regarding Production. The Parties agree to meet and

14

confer in good faith regarding the timing of the production. Amazon anticipates that it will

15

complete production of the Amazon Confidential Information to the Notice Administrator and

16

Class Counsel as set forth herein on or before June 4, 2021.

17
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

18
19
20
21

DATED:

May 6, 2021

/s/ Todd Logan
Todd Logan
[e-mail]
EDELSON PC
150 California Street, 18th Floor
San Francisco, California 94111
Attorney for Plaintiff, Sean Wilson

DATED:

May 6, 2021

/s/ Alexander G. Tievsky
Alexander G. Tievsky, WSBA #57125
[e-mail]

22
23
24
25
26
27
STIPULATION AND ORDER - 6

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1

EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, Illinois 60654
Tel: [phone]/ Fax: [phone]
Attorney for Plaintiff, Sean Wilson

2
3
4
5

DATED:

May 6, 2021

6
7
8
9
10
11

/s/ James Howard
James Howard (Bar No. 37259)
[e-mail]
Ramie Snodgrass (Bar No. 40689)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: [phone]
Attorneys for Non-Party, Amazon.com, Inc.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
STIPULATION AND ORDER - 7

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1
2
ORDER

3
4
5
6
7

PURSUANT TO STIPULATION, IT IS SO ORDERED
Dated this 7th day of May, 2021.

8
9

Robert S. Lasnik
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
STIPULATION AND ORDER - 8

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

1

EXHIBIT A

2

ACKNOWELDGEMENT AND AGREEMENT TO BE BOUND

3
4

I, ____________________________________, acknowledge and declare that I have received a

5

copy of the Agreed Rider to the Protective Order Regarding the Use and Disclosure of Discovery

6

Produced by Nonparty Amazon.com, Inc. (the “Rider”) in Sean Wilson, et al. v. PTT, LLC d/b/a

7

High 5 Games, LLC, Case No. 3:18-cv-05275-RSL (W.D. Wash. filed Apr. 6, 2018). Having

8

read and understood the terms of the Rider, I agree to be bound by the terms of the Rider and

9

consent to the jurisdiction of the United States District Court, Western District of Washington for

10

the purpose of any proceeding to enforce the terms of the Rider.

11
12
13

Printed name: ___________________________________

14

Company/ Firm: ________________________________

15
16

Signature: _________________________________________________

17

Date: ________________________

18

City and State were sworn and signed: _______________________________

19
20
21
22
23
24
25
26
27
STIPULATION AND ORDER - 9

E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]