Wilson v. HUUUGE, Inc.

Filing 115

STIPULATION AND ORDER re Parties' 114 Stipulation re Agreed Rider to Protective Order Regarding the Use and Disclosure of Discovery Produced by Nonparty Facebook, Inc. Signed by Judge Robert S. Lasnik. (LH)

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6
7
8

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

9
10
11

v.
HUUUGE, INC., a Delaware corporation,

No. 18-cv-05276-RSL
STIPULATION AND ORDER RE
AGREED RIDER TO PROTECTIVE
ORDER REGARDING THE USE AND
DISCLOSURE OF DISCOVERY
PRODUCED BY NONPARTY
FACEBOOK, INC.

12
13

Defendant.
Noting Date: October 30, 2020

14
15
16
17
18
19
20
21
22
23
24
25
26
27
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]

1

This agreement is entered into between and among nonparty Facebook, Inc. (“Facebook”)

2

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

3

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

4

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

5

that Facebook will produce documents in this action that contain sensitive information that is

6

necessary to provide notice of the Class Action Settlement Agreement to members of the

7

Settlement Class because Defendants do not possess this information.

8

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

9

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

10

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

11

PURPOSES AND LIMITATIONS

12

Facebook Protected Material designated under the terms of this Rider shall be used by the

13

Class Action Administrator and Plaintiff solely for the purpose of providing notice to and verifying

14

and paying the recovery amount owed to each member of the Settlement Class. Facebook Protected

15

Material shall not be used directly or indirectly for any other purpose whatsoever.

16

No Facebook Protected Material provided by Facebook to the Class Action Administrator

17

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

18

by this Rider.

19
20
21

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

22
23

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

24
25

in the Action.

26
27
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]

1

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

2

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

3

necessary to disclose the information for this litigation.

4
5

“Facebook Protected Material” means any discovery produced by Facebook in the
Actions.

6
7

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

8
9
10

“Protective Order” means the Western District of Washington’s Model Stipulated
Protective Order that the Parties hereby adopt for class action settlement only.
COMPUTATION OF TIME
The computation of any period of time prescribed or allowed by this Order shall

11
12

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

13

Procedure 6.

14

SCOPE

15

The protections conferred by this Rider cover not only the Facebook Protected

16

Material governed by this Rider as addressed herein, but also any information copied or extracted

17

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

18

conversations, or presentations by the Plaintiff or their counsel in court or in other settings that

19

might reveal Facebook Protected Material.

20

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

21

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

22

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

23

Facebook Protected Material.

24

DURATION

25

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

26

this Order shall remain in effect until a Producing Party agrees otherwise in writing or a court order

27

otherwise directs, subject to the Final Disposition clause herein.
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]

1

ACCESS TO FACEBOOK PROTECTED MATERIAL

2

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

3

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

4

the Settlement Class, and not for any other purpose whatsoever, including without limitation any

5

other litigation, patent prosecution or acquisition, patent reexamination or reissue proceedings, or

6

any business or competitive purpose or function. Facebook Protected Material shall not be

7

provided, distributed, disclosed, or made available to anyone except as expressly provided in this

8

Rider.

9

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

10

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

11

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

12

with applicable United States Export Administration Regulations, Facebook Protected Material

13

may not be exported outside the United States or released to any foreign national (even if within

14

the United States).

15

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

16

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

17

or in part upon Facebook Protected Materials, provided counsel does not disclose the Facebook

18

Protected Material itself except as provided in this Rider.

19
20

Limitations. Nothing in this Rider shall restrict in any way Facebook’s use or
disclosure of its own Facebook Protected Material.

21

Designation. For the avoidance of doubt, in all circumstances not specifically

22

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

23

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

24

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

25
26
27
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]

1

USE OF PROTECTED MATERIAL

2

It is Facebook’s and the Parties’ intention that Facebook will produce Facebook

3

Protected Materials directly to the Class Action Administrator, with no production to any of the

4

Parties.

5

Unless otherwise ordered by the Court or authorized through the prior written

6

consent of Facebook, the Class Action Administrator may disclose Facebook Protected Materials

7

only to those members of the Class Action Administrator’s staff, or to any copying, clerical or

8

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

9

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

10

recovery amount owed to members of the Settlement Class, provided that each such person to

11

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

12

a copy of Exhibit A.

13

Nothing in the foregoing paragraph is intended to restrict the Class Action

14

Administrator from disclosing to a member of the Settlement Class any Facebook Protected

15

Material that specifically relates to that individual.

16

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

17

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

18

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

19

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

20

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

21

For the avoidance of doubt, no Settlement Class Member contact information or

22

Lifetime Spending Amounts shall be provided to counsel for Plaintiff unless counsel for Plaintiff

23

have been appointed by the Court as Class Counsel.

24

Any contact information disclosed to counsel for Plaintiff pursuant to this section

25

shall be used solely for the purpose of providing notice of the Class Action Settlement Agreement

26

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

27

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

1

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

2

member. All Contact Information relating to a member of the Settlement Class shall be destroyed

3

by counsel for Plaintiff upon confirmation that the member has received actual notice of the Class

4

Action Settlement.

5
6
7
8

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 Facebook Protected Materials.
SUBPOENAS OR COURT ORDERS

9

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

10

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

11

shall immediately give prompt written notice thereof to Facebook and to its counsel and shall

12

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

13

Facebook Protected Materials implicated by the subpoena.

14

FILING PROTECTED MATERIAL

15

Absent written permission from Facebook or a court Order secured after

16

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

17

any Facebook Protected Material.

18

INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER

19

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

20

Rider to any person or persons not authorized to receive such disclosure under this Rider, or in any

21

circumstance not authorized under this Rider, the party responsible for having made such

22

disclosure, and each party with knowledge thereof, must immediately notify counsel for Facebook

23

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

24

(c) inform the person or persons to whom unauthorized disclosures were made of all the terms of

25

this Order, and (d) request such person or persons execute the “Acknowledgment and Agreement

26

to Be Bound” that is attached hereto as Exhibit A.

27
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]

1

Unauthorized or inadvertent disclosure does not change the status of Facebook

2

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

3

FINAL DISPOSITION

4

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

5

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

6

Producing Party to the respective outside counsel of the Producing Party or destroy such Material,

7

at the option of Facebook. For purposes of this Order, “Final Disposition” occurs after an order,

8

mandate, or dismissal finally terminating the above-captioned action with prejudice, including all

9

appeals.

10

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

11

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

12

counsel for Facebook or destroyed.

13

MISCELLANEOUS

14

Termination of Matter and Retention of Jurisdiction. The Parties and Facebook

15

agree that the terms of this Rider shall survive and remain in effect after the Final Determination

16

of the Actions. The Court shall retain jurisdiction after Final Determination of the matter to hear

17

and resolve any disputes arising out of this Rider.

18

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

19

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

20

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

21

experts, and any persons or organizations over which they have direct control.

22

Discovery Rules Remain Unchanged. Nothing herein shall alter or change in any

23

way the discovery provisions of the Federal Rules of Civil Procedure, the Local Rules for the

24

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

25

Identification of any individual pursuant to this Rider does not make that individual available for

26

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

27
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]

1

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

2

of Washington, or the Court’s own orders.

3
4
5

*

*

*

Respectfully submitted,

6
7

Dated: November 2, 2020

8

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]

9
10
11
12
13
14

18

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]

19

Plaintiff’s Attorneys and Class Counsel

20

*Admitted pro hac vice

15
16
17

21

Dated: November 2, 2020

22
23
24
25
26

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]

27
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]

Attorneys for Defendant Huuuge, Inc.

1
2

Dated: November 2, 2020

3

By: /s Lauren J. Pomeroy
Michael G. Rhodes (Cal. Bar No. 116127)
([e-mail])
Whitty Somvichian (Cal. Bar No. 194463)
([e-mail])
Lauren J. Pomeroy (Cal. Bar No. 291604)
([e-mail])
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

4
5
6
7
8
9
10

Attorneys for Nonparty Facebook, Inc.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Stipulation and [Proposed] Order
Case No. 18-CV-05276-RSL- 8

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

1
2

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
4
5

Dated this 2nd day of November, 2020.

6
ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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]

1
2

EXHIBIT A
I,

, acknowledge and declare that I have received a

3

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

4

Discovery Produced By Nonparty Facebook, Inc. (“Rider”) in Wilson v. Huuuge, No. 18-cv-

5

05276-RSL, United States District Court, District of Washington, Western District. Having

6

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

7

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

8

of the Rider.

9
10

Name of individual:
Present occupation/job description:

11
12
13
14

Name of Company or Firm:
Address:

15
16

Dated:

17
18

[Signature]

19
20
21
22
23
24
25
26
27
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]