Wilson v. HUUUGE, Inc.

Filing 111

STIPULATION AND ORDER re Parties' 110 Stipulation Re Agreed Rider to Protective Order Regarding the Use and Disclosure of Discovery Produced by Nonparty Apple Inc. Signed by Judge Robert S. Lasnik. (LH)

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The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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No. 18-cv-05276-RSL

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SEAN WILSON, individually and on behalf of
all others similarly situated,

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Plaintiff,

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v.
HUUUGE, INC., a Delaware corporation,
Noting Date: October 23, 2020

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STIPULATION AND ORDER RE
AGREED RIDER TO PROTECTIVE
ORDER REGARDING THE USE AND
DISCLOSURE OF DISCOVERY
PRODUCED BY NONPARTY APPLE
INC.

Defendant.

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Stipulation and Order
Case No. 18-CV-05276-RSL- i

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

This agreement is entered into between and among nonparty Apple Inc. (“Apple”) and the

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parties to the action captioned above, specifically: Sean Wilson (“Plaintiff”), the named plaintiff

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in Wilson v. Huuuge, No. 18-cv-05276-RSL, (the “Action”), and defendant Huuuge Inc.

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(“Defendant” and collectively with Plaintiff, the “Parties”). The Parties and Apple anticipate that

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Apple will produce documents in this action that contain sensitive consumer information that is
necessary to provide notice of the Class Action Settlement Agreement to members of the

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Settlement Class because Defendant does not possess this information.
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good

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

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Of Discovery Produced By Nonparty Apple Inc. (“Rider”).

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PURPOSES AND LIMITATIONS

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Apple Protected Material designated under the terms of this Rider shall be used by the
Class Action Administrator and Plaintiff solely for the purpose of providing notice to and verifying
and paying the recovery amount owed to each member of the Settlement Class. Apple Protected
Material shall not be used directly or indirectly for any other purpose whatsoever.

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No Apple Protected Material provided by Apple to the Class Action Administrator under

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the terms of this Rider may be shared with any of the Parties, unless specifically authorized by this

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Rider.

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It is the intention of Apple and the Parties that this Rider will protect all materials produced
by Apple in the Action unless otherwise specified.
DEFINITIONS
“Class Action Administrator” means Angeion Group, acting as class action
administrator to effect the Class Action Settlement Agreement entered.

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 1

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

“Class Action Settlement Agreement” means the document filed at ECF No. 99-1

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in the Action.

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“Outside Counsel” means (i) outside counsel who appear on the pleadings as

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counsel for a Party and (ii) partners, associates, and staff of such counsel to whom it is reasonably

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necessary to disclose the information for this litigation.

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“Apple Protected Material” means any discovery produced by Apple in the

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Actions.
“Settlement Class” has the meaning provided in the Class Action Settlement

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Agreement.

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“Protective Order” means the Western District of Washington’s Model Stipulated
Protective Order that the Parties hereby adopt for purposes of this class action settlement only.

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COMPUTATION OF TIME
The computation of any period of time prescribed or allowed by this Order shall

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be governed by the provisions for computing time set forth in Federal Rules of Civil

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Procedure 6.

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SCOPE
The protections conferred by this Rider cover not only the Apple Protected Material
governed by this Rider as addressed herein, but also any information copied or extracted therefrom,

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as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations,

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or presentations by the Plaintiff or their counsel in court or in other settings that might reveal Apple

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Protected Material.

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 2

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

Nothing in this Rider shall prevent or restrict Apple’s own disclosure or use of its

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own Apple Protected Material for any purpose, and nothing in this Rider shall preclude Apple

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from showing its Apple Protected Material to an individual who prepared the Apple Protected

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Material.

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DURATION

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

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this Order shall remain in effect until a Producing Party agrees otherwise in writing or a court order
otherwise directs, subject to the Final Disposition clause herein.
ACCESS TO APPLE PROTECTED MATERIAL

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

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of providing notice to and verifying and paying the recovery amount owed to members of the

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Settlement Class, and not for any other purpose whatsoever, including without limitation any other
litigation, patent prosecution or acquisition, patent reexamination or reissue proceedings, or any
business or competitive purpose or function. Apple Protected Material shall not be provided,
distributed, disclosed, or made available to anyone except as expressly provided in this Rider.

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

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maintained by a Receiving Party at a location in the United States and in a secure manner that

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ensures that access is limited to the persons authorized under this Rider. To ensure compliance

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with applicable United States Export Administration Regulations, Apple Protected Material may
not be exported outside the United States or released to any foreign national (even if within the
United States).

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Legal Advice Based on Apple Protected Material. Nothing in this Rider shall be

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construed to prevent counsel from advising their clients with respect to this case based in whole

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 3

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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or in part upon Apple Protected Materials, provided counsel does not disclose the Apple Protected
Material itself except as provided in this Rider.
Limitations.

Nothing in this Rider shall restrict in any way Apple’s use or

disclosure of its own Apple Protected Material.
Designation. For the avoidance of doubt, in all circumstances not specifically
addressed by this Rider, all Apple Protected Material shall be treated as if designated

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“CONFIDENTIAL” under the Protective Order regardless of whether the Apple Protected
Material has been stamped or marked in accordance with that Order.
USE OF PROTECTED MATERIAL
It is Apple’s and the Parties’ intention that Apple will produce Apple Protected
Materials directly to the Class Action Administrator, with no production to any of the Parties.
Unless otherwise ordered by the Court or authorized through the prior written
consent of Apple, the Class Action Administrator may disclose Apple Protected Materials only to
those members of the Class Action Administrator’s staff, or to any copying, clerical or other

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support services working at the direction of the Class Action Administrator, to whom disclosure

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is reasonably necessary in order to provide notice to and/or to verify and pay the recovery amount

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owed to members of the Settlement Class, provided that each such person to whom disclosure is

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made must first agree to be bound by the provisions of this Rider by signing a copy of Exhibit A.

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Nothing in the foregoing paragraph is intended to restrict the Class Action
Administrator from disclosing to a member of the Settlement Class any Apple Protected Material
that specifically relates to that individual.

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Certain Members of the Settlement Class: Thirty days prior to the claims deadline,

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and subject to Apple’s prior written consent (such consent not to be unreasonably withheld), the

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 4

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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Class Action Administrator shall furnish to Counsel for Plaintiff the contact information for and

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Lifetime Spending Amount associated with each Settlement Class Member who (1) has a Lifetime

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Spending Amount of greater than or equal to $25,000, and (2) has not yet filed a claim.

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For the avoidance of doubt, no Settlement Class Member contact information or
Lifetime Spending Amounts shall be provided to counsel for Plaintiff unless counsel for Plaintiff
have been appointed by the Court as Class Counsel.

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Any contact information disclosed to counsel for Plaintiff pursuant to this section
shall be used solely for the purpose of providing notice of the Class Action Settlement Agreement

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to members of the Settlement Class, and counsel for Plaintiff shall disclose Contact Information

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only to counsel’s staff, or to any copying, clerical or other support services working at the direction

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of counsel for Plaintiff, to whom disclosure is reasonably necessary to provide notice to the

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member. All Contact Information relating to a member of the Settlement Class shall be destroyed
by counsel for Plaintiff upon confirmation that the member has received actual notice of the Class
Action Settlement.
CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL
This Rider is intended to provide no mechanism to the Parties through which they
can challenge the designation or protected status of Apple Protected Materials.
SUBPOENAS OR COURT ORDERS
If at any time Apple Protected Material is subpoenaed by any court, arbitral,
administrative, or legislative body, the Party to whom the subpoena or other request is directed
shall immediately give prompt written notice thereof to Apple and to its counsel and shall provide

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Apple with an opportunity to move for a protective order regarding the production of Apple

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Protected Materials implicated by the subpoena.

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 5

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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FILING PROTECTED MATERIAL

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Absent written permission from Apple or a court Order secured after appropriate

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notice to all interested persons, the Plaintiff may not file or disclose in the public record any Apple

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Protected Material.

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INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER

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In the event of a disclosure of any Apple Protected Material pursuant to this Rider

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to any person or persons not authorized to receive such disclosure under this Rider, or in any
circumstance not authorized under this Rider, the party responsible for having made such

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disclosure, and each party with knowledge thereof, must immediately notify counsel for Apple (a)

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in writing, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons execute the “Acknowledgment and Agreement to
Be Bound” that is attached hereto as Exhibit A.
Unauthorized or inadvertent disclosure does not change the status of Apple

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Protected Material or waive the right to hold the disclosed document or information as Protected.
FINAL DISPOSITION

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Not later than ninety (90) days after closure of the Final Disposition of this case,

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Counsel for Plaintiff and the Class Action Administrator shall return all Discovery Material of a

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Producing Party to the respective outside counsel of the Producing Party or destroy such Material,
at the option of Apple. For purposes of this Order, “Final Disposition” occurs after an order,
mandate, or dismissal finally terminating the above-captioned action with prejudice, including all
appeals.

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 6

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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Counsel for Plaintiff that has received any such Discovery Material, as well as the

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Class Action Administrator, shall certify in writing that all such materials have been returned to

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counsel for Apple or destroyed.

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MISCELLANEOUS
Termination of Matter and Retention of Jurisdiction. The Parties and Apple agree
that the terms of this Rider shall survive and remain in effect after the Final Determination of the

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Actions. The Court shall retain jurisdiction after Final Determination of the matter to hear and
resolve any disputes arising out of this Rider.

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

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attorneys, and their successors, executors, personal representatives, administrators, heirs, legal

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representatives, assigns, subsidiaries, divisions, employees, agents, retained consultants and

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experts, and any persons or organizations over which they have direct control.
Discovery Rules Remain Unchanged. Nothing herein shall alter or change in any way the
discovery provisions of the Federal Rules of Civil Procedure, the Local Rules for the United States

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District Court for the Western District of Washington, or the Court’s own orders. Identification

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of any individual pursuant to this Protective Order does not make that individual available for

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deposition or any other form of discovery outside of the restrictions and procedures of the Federal

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Rules of Civil Procedure, the Local Rules for the United States District Court for Western District

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of Washington, or the Court’s own orders.

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*

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Respectfully submitted,

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 7

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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Dated: October 26, 2020

By: /s/ Todd Logan
Rafey S. Balabanian*
[e-mail]
Todd Logan*
[e-mail]
Brandt Silver-Korn*
[e-mail]
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, California 94107
Tel: [phone]/Fax: [phone]

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By: /s/ Cecily C. Shiel
TOUSLEY BRAIN STEPHENS PLLC
Cecily C. Shiel, WSBA #50061
[e-mail]
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone]

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Plaintiff’s Attorneys and Class Counsel

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*Admitted pro hac vice

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Dated: October 23, 2020

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By: /s/ Jaime Drozd Allen
Stuart R. Dunwoody, WSBA #13948
Jaime Drozd Allen, WSBA #35742
Cyrus E. Ansari, WSBA #52966
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant Huuuge, Inc.

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Dated: October 26, 2020
Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 8

By: /s/ Tobias G. Snyder
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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Tobias G. Snyder
LEWIS & LLEWELLYN LLP
601 Montgomery Street, Suite 2000
San Francisco, CA 94111
415-480-0663

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Attorney for Nonparty Apple Inc.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated this 27th day of October, 2020.

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ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 9

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]

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EXHIBIT A

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I,

, acknowledge and declare that I have received a

copy of the Agreed Rider To Protective Order Regarding The Use And Disclosure Of

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Discovery Produced By Nonparty Apple Inc. (“Rider”) in Wilson v. Huuuge, No. 18-cv-05276RSL, United States District Court, District of Washington, Western District. Having read and

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

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to the jurisdiction of said Court for the purpose of any proceeding to enforce the terms of the

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Rider.

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Name of individual:

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Present occupation/job description:

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Name of Company or Firm:

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Address:

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Dated:

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[Signature]

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Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 1

T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone] • Fax: [phone]