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Geoffrey Pecover and andrew Owens, On Behalf of v. Electronic Arts Inc.

June 5, 2008

GEOFFREY PECOVER AND ANDREW OWENS, ON BEHALF OF THEMSELVES AND A CLASS OF PERSON SIMILARLY SITUATED, PLAINTIFFS,
v.
ELECTRONIC ARTS INC., A DELAWARE CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: Honorable Claudia Wilken United States District Judge

Shana E. Scarlett (217895) HAGENS BERMAN SOBOL SHAPIRO LLP 2 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 3 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 4 shanas@hbsslaw.com 5 Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 6 1200 G Street N.W., Suite 800 7 Washington, DC 20005 Telephone: (202) 626-4486 8 Facsimile: (866) 734-0622 stuart@smplegal.com 9 Steve W. Berman (Pro Hac Vice) 10 HAGENS BERMAN SOBOL SHAPIRO LLP 11 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 12 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 13 steve@hbsslaw.com 14 Class Counsel 15 16

STIPULATION AND [PROPOSED] ORDER SUPPLEMENTING STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF NON-PARTY ESPN'S DEPOSITION TESTIMONY

2 in connection with the above-captioned action, Plaintiffs and Defendant Electronic Arts Inc. 3

("EA," and collectively with Plaintiffs, the "Parties"), by and through their undersigned attorneys, 4 hereby stipulate as follows: 5

In order to protect confidential information obtained from non-party ESPN, Inc. ("ESPN")

1. This stipulation supplements the Stipulated Protective Order Regarding Confidentiality of Documents and Materials that was ordered by the Court in the above-captioned 7 action on January 20, 2009 ("Protective Order"). See ECF No. 32. 8

2. In addition to the provisions and protections contained in the Protective Order, the 9 following shall apply to deposition testimony provided by ESPN in connection with this action. 10 11 it reasonably and in good faith believes that such testimony contains confidential information so 12 commercially sensitive that the protections afforded by the Protective Order are insufficient to 13 adequately protect the interests of ESPN. ESPN shall specify its designations by page and line 14 number. 15

3. ESPN may designate its deposition testimony as "OUTSIDE COUNSEL ONLY" if 4. The Parties acknowledge and agree that examples of an appropriate "OUTSIDE COUNSEL ONLY" designation include internal ESPN communications discussing the negotiation 17 of the terms of licensing agreements between ESPN and EA, the terms of licensing agreements 18 between ESPN and licensees other than EA, and internal ESPN communications discussing 19 5. Except as expressly provided below, any deposition testimony provided by ESPN 21 and designated "OUTSIDE COUNSEL ONLY" may be used only for purposes of this action and 22 shall not be given, shown, made available or communicated in any way to anyone except: 23

ESPN's video game licensing strategy. 20

a. the Court, court personnel and court reporters;

b. outside litigation counsel of record to the Parties, including the legal associates and clerical or other support staff who are employed by such counsel and are working under the express direction of such counsel;

c. court reporters who record deposition or other testimony in the litigation;

10 deposition testimony provided by ESPN, including deposition testimony designated "OUTSIDE 11 COUNSEL ONLY," written acknowledgement that such persons have read, understand, and will 12 comply with the terms of the Protective Order and this stipulation supplementing the Protective 13 7. In the event that a party deems it necessary to disclose any testimony designated as "OUTSIDE COUNSEL ONLY" to any person not specified in Paragraph 5, that party shall notify 16 counsel for ESPN in writing of: (i) the testimony it wishes to disclose; and (ii) the persons to whom 17 such disclosure is to be made. The proposed disclosure shall not be made absent written 18 permission from ESPN, unless the party wishing to make the disclosure obtains an order from the 19 8. Any testimony designated as "OUTSIDE COUNSEL ONLY" that is used in 21 connection with any court proceeding shall not lose its outside counsel only status through such 22 use, and the parties shall take all steps reasonably required to protect its confidentiality during such 23 use, including the notice and filing under ...


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