`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`ACTIVISION BLIZZARD, INC.
`
`
`
`Defendant.
`
`
`ACCELERATION BAY LLC,
`
`
`
`C.A. No. 15-228 (RGA)
`
`
`
`C.A. No. 15-282 (RGA)
`
`
`
`C.A. No. 15-311 (RGA)
`
`)))))))))
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`))))))))))))))))))))
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`
`
`Plaintiff,
`
`
`
`v.
`
`
`ELECTRONIC ARTS INC.,
`
`
`
`Defendant.
`
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`
`
`
`
`Defendants.
`
`
`
`SPECIAL MASTER ORDER
`RELATING TO PROCEDURES FOR RESOLVING DISCOVERY MOTIONS
`
`Prior to contacting the Special Master regarding a discovery dispute the parties shall meet
`
`in good faith to resolve or narrow the issues in dispute, including regarding the procedure for the
`
`motion (e.g. page limits and briefing schedule). Should counsel find they are unable to resolve a
`
`discovery matter,
`
`the parties
`
`involved shall contact
`
`the Special Master by email
`
`LA:402257.1
`
`
`
`Case 1:15-cv-00311-RGA Document 105 Filed 03/22/16 Page 2 of 3 PageID #: 3154
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`(allenmterrell@gmail.com) to schedule a hearing. The email requesting the hearing shall advise
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`which party (or parties) has a dispute, whether the hearing should be by telephone or in person,
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`the nature of the dispute, a clear and detailed statement of the relief to be requested and any time
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`consideration as to resolving the dispute (“Counsel’s Request”). Opposing counsel may respond
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`by email within two (2) business days regarding Counsel’s Request.
`
`Following Counsel’s Request and any responses, Special Master may schedule a hearing
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`for the discovery motion(s). Unless otherwise ordered, the procedures set forth below shall
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`apply. Upon request of a party, the Special Master may modify these procedures, including by
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`modifying or extending the briefing schedule or page limits to accommodate the nature of the
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`dispute or the schedules of the parties’ and their counsel.
`
`1. Motion and Briefs: Not less than seven (7) days prior to the hearing, excluding
`
`weekends and holidays, the party seeking relief shall email the Special Master a motion
`
`and a letter brief in support of that motion outlining the issues in dispute, the applicable
`
`law and its position on those issues. Not less than two (2) days prior to the hearing,
`
`excluding weekends and holidays, any party opposing the motion may email the Special
`
`Master a responsive letter brief outlining that party’s reasons for its opposition. Unless
`
`otherwise ordered or agreed to by the parties, letter briefs shall not exceed 4 pages, single
`
`spaced, in no less than 12 point font.
`
`2. Attachments/Exhibits: Generally, there should be limited attachments or exhibits to the
`
`letters. For example, in a protective order dispute, only the provisions at issue should be
`
`attached. Similarly, regarding interrogatory/request for production issues, only the
`
`disputed interrogatory or request for production and the responses as they exist at the
`
`LA:402257.1
`
`
`
`Case 1:15-cv-00311-RGA Document 105 Filed 03/22/16 Page 3 of 3 PageID #: 3155
`
`time of the letter submissions should be attached. Cases/transcripts cited and relied upon
`
`in the letter submission may be attached as exhibits.
`
`3. Further Briefing: Should the Special Master find further briefing necessary upon
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`conclusion of the video/telephonic hearing, he will order it.
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`4. Notice to Court. Pursuant to the Court’s February 28, 2016 Order Appointing the
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`Special Master, all discovery motions brought before the Special Master (but not the
`
`related briefing and appendices, if any) shall be filed with the Court. Only the formal
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`motion itself must be docketed with the Court. All other discovery materials should be
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`lodged only with the Special Master.
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`
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`SO ORDERED.
`
`Dated: March 22, 2016
`
` /s/ Allen M. Terrell, Jr.
`Allen M. Terrell, Jr., Special Master
`
`LA:402257.1
`PAC - 1219338v.1 03/21/2016 5:38 PM
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