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Geoffrey Pecover and andrew Owens, On Behalf of v. Licensing Company In In Re Ncaa Student-Athlete Name

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


February 16, 2012

GEOFFREY PECOVER AND ANDREW OWENS, ON BEHALF OF THEMSELVES AND A CLASS OF 20 PERSON SIMILARLY SITUATED, PLAINTIFFS,
v.
LICENSING COMPANY IN IN RE NCAA STUDENT-ATHLETE NAME & ELECTRONIC ARTS INC., A DELAWARE LIKENESS LICENSING LITIGATION CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Honorable Bernard Zimmerman United States Magistrate Judge

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

STIPULATION AND [PROPOSED] ORDER RE PRODUCTION OF DOCUMENTS BY COLLEGIATE

ACTION FILED: June 5, 2008

(NC)(the "NCAA action"); 4

5 requesting production of documents to the Collegiate Licensing Company; 6 7 Plaintiffs in the Pecover litigation; 9 and produce documents in the Pecover litigation; 11

WHEREAS the Collegiate Licensing Company is a defendant in the related action, In re NCAA Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967 CW 3 WHEREAS Plaintiffs in Pecover v. Electronic Arts Inc. have issued a number of subpoenas WHEREAS the subject matter of the documents produced in In re NCAA Student-Athlete Name & Likeness Licensing Litigation overlap to some extent with the document requests by 8 WHEREAS rather than requiring third party Collegiate Licensing Company to re-review 1. It is hereby stipulated by and between the Plaintiffs and third-party Collegiate Licensing Company in this action that all documents produced by Collegiate Licensing Company 13 in the In re NCAA Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967 14 CW (NC) will be deemed produced in the Pecover litigation and may be used in that litigation as if 15 produced in that litigation. This stipulation is conditioned on Plaintiffs entering into a stipulation 16 with all other parties to the Pecover action, including Electronic Arts, to supplement the Protective 17

Order, to allow CLC's materials produced in the NCAA action to be subject to the same 19 protections and confidentiality designations as apply in the NCAA action. A copy of the proposed 20

Stipulation and Proposed Order re Confidentiality of CLC Documents and Materials is attached 21 hereto as Exhibit 1. 22

Order in the Pecover action, and the Court entering an order supplementing the Pecover Protective 18

2. Plaintiffs and CLC agree that any confidentiality designation made in In re NCAA Student-Athlete Name & Likeness Licensing Litigation, Case No. 4:09-cv-1967 CW (NC) shall be 24 deemed made in the Pecover litigation. 25 26 treated as CONFIDENTIAL in accordance with the Protective Order entered in the Pecover 27 litigation. Such materials will be deemed produced in the Pecover litigation without any further 28 3. Any materials designated by CLC as CONFIDENTIAL in the NCAA case will be supplementation of the Pecover Protective Order or stipulation among the parties in Pecover. 2

4. Plaintiffs and CLC further agree that any CLC materials produced in NCAA action and designated as COUNSEL ONLY will not be deemed to be produced in Pecover unless and 4 until the Court supplements the Pecover Protective Order, pursuant to the proposed Stipulation 5 attached as Exhibit 1, to afford these materials the same protections in the Pecover action as they 6 are afforded in the NCAA action. 7

IT IS SO STIPULATED

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on February 16, 2012, I electronically filed the foregoing document

3 using the CM/ECF system which will send notification of such filing to the e-mail addresses 4 registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby 5 certify that I have mailed a paper copy of the foregoing document via the United States Postal 6

Service to the non-CM/ECF participants indicated on the Manual Notice List generated by the 7

CM/ECF system. 8

/s/ Shana E. Scarlett

SHANA E. SCARLETT

EXHIBIT 1

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

UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 OAKLAND DIVISION

GEOFFREY PECOVER and ANDREW ) No. 08-cv-02820 CW OWENS, on behalf of themselves and a class of ) 20 person similarly situated, ) STIPULATION AND [PROPOSED] 19 21 Plaintiffs, ) ORDER SUPPLEMENTING ) STIPULATED PROTECTIVE ORDER 22 v. ) REGARDING CONFIDENTIALITY OF ) NON-PARTY CLC DOCUMENTS ELECTRONIC ARTS INC., a Delaware ) AND MATERIALS Corporation, ) 24 Defendant.

ACTION FILED: June 5, 2008

Defendant Electronic Arts, Inc. ("EA," and collectively with Plaintiffs, the "Parties"), by and 4 through their undersigned attorneys, hereby stipulate as follows: 5 In order to protect confidential information obtained from non-party The Collegiate

Licensing Company ("CLC") in connection with the above-captioned action, Plaintiffs and 3

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

9 following shall apply to documents and information produced by CLC in connection with this 10 action. 11

12 discovery responses, or transcripts, as "COUNSEL ONLY" if it reasonably and in good faith 13 believes that such document contains confidential information so commercially sensitive that the 14 protections afforded by the Protective Order are insufficient to adequately protect the interests of 15

4. The Parties acknowledge and agree that examples of an appropriate "COUNSEL

ONLY" designation include internal CLC communications discussing the negotiation of the terms 18 of licensing agreements between CLC and EA, as well as the terms of licensing agreements 19 between CLC and licensees other than EA. 20

21 designated "COUNSEL ONLY" may be used only for purposes of this action and shall not be 22 given, shown, made available or communicated in any way to anyone except: 23

2. In addition to the provisions and protections contained in the Protective Order, the

3. CLC may designate any materials, including interrogatory responses, other CLC. 16

5. Except as expressly provided below, any document produced by CLC and

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 documents produced by CLC, including documents designated "COUNSEL ONLY," written 11 acknowledgement that such persons have read, understand, and will comply with the terms of the 12

7. In the event that a party deems it necessary to disclose any document designated as

"COUNSEL ONLY" to any person not specified in Paragraph 5, that party shall notify counsel for 15

CLC in writing of: (i) the document it wishes to disclose; and (ii) the persons to whom such 16 disclosure is to be made. The proposed disclosure shall not be made absent written permission 17 from CLC, unless the party wishing to make the disclosure obtains an order from the United States 18

8. Any document designated as "COUNSEL ONLY" that is used in connection with

20 any court proceeding shall not lose its outside counsel only status through such use, and the parties 21 shall take all steps reasonably required to protect its confidentiality during such use, including the 22 notice and filing under seal procedures provided in paragraphs 13, 15, and 16 of the Protective 23

9. The parties agree that any documents produced by CLC, however designated, will

25 be treated in accordance with the Protective Order and this stipulation supplementing the Protective 26

Order, and will not be shown or in any way provided to any third party, including during the 27 28

010017-11 496170 V1

d. consultants or experts retained by the Parties;

e. any person who is indicated on the face of a document to have been an

author, addressee or copy recipient thereof;

f. any person whom CLC agrees to in writing prior to any such disclosure.

g. persons or entities that provide litigation support services (e.g.,

photocopying; videotaping; translating; preparing exhibits or

demonstrations; organizing, storing, retrieving data in any form or medium;

etc.) and their employees and subcontractors

6. Counsel for the Parties shall obtain from all persons who are given access to any

Protective Order and this stipulation supplementing the Protective Order. 13

14

District Court for the District of Columbia permitting the proposed disclosure. 19 Order. 24 deposition of other third parties, unless the third party otherwise satisfies an exception to gain 2 access to such confidential information. 3

IT IS SO STIPULATED.

DATED: February 16, 2012 HAGENS BERMAN SOBOL SHAPIRO LLP 5 By SHANA E. SCARLETT 7 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 8 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 9 shanas@hbsslaw.com 10 Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 11 1200 G Street N.W., Suite 800 Washington, DC 20005 12 Telephone: (202) 626-4486 Facsimile: (866) 734-0622 13 stuart@smplegal.com 14 Steve W. Berman (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 15 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 16 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 17 steve@hbsslaw.com 18 Class Counsel DATED: February 16, 2012 LATHAM & WATKINS 2 By TIMOTHY O'MARA 3 505 Montgomery Street, Suite 2000 4 San Francisco, CA 94111-6538 tim.omara@lw.com 5 Attorney for Defendant Electronic Art,s Inc. 6 DATED: February 16, 2012 KILPATRICK TOWNSEND & STOCKTON LLP 7 By 8 PETER BOYLE 9 608 14th Street, NW, Suite 900 Washington, D.C. 20005-2018 10 pboyle@kilpatricktownsend.com 11 Attorneys for Third-Party Collegiate Licensing 12 Company

IT IS SO ORDERED.

DATED:

HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

CERTIFICATE OF SERVICE

2

I hereby certify that on February 16, 2012, I electronically filed the foregoing document

3 using the CM/ECF system which will send notification of such filing to the e-mail addresses 4 registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby 5 certify that I have mailed a paper copy of the foregoing document via the United States Postal 6

Service to the non-CM/ECF participants indicated on the Manual Notice List generated by the 7

CM/ECF system. 8 9

SHANA E. SCARLETT

20120216

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