`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`v.
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`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC. and
`2K SPORTS, INC.,
`
`Defendants.
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`)
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`C.A. No. 16-455-RGA
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`PLAINTIFF ACCELERATION BAY LLC’S MOTION TO COMPEL
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`Pursuant to the Court’s Order Appointing Special Master (D.I. 94 in C.A. No. 15-228-
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`RGA, incorporated into this action by D.I. 62) (“Order”), Plaintiff Acceleration Bay LLC
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`(“Acceleration Bay”) hereby moves for an order compelling Defendant Take-Two Interactive
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`Software (“Take-Two” or “Defendant”) to comply with its agreement during the November 2,
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`2017 hearing. Specifically, Take-Two should be ordered to produce, in Excel format, the total
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`number of unique users worldwide of the accused NBA2K products, for the timeframe of April
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`2015 through the present, including: (i) the total number of unique users for NBA 2K15 and
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`2K16, (ii) the total number of unique users of the different modes, (iii) the break-down of how
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`many unique users are participating in a particular mode, i.e. one player, two to four players,
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`more than four players, and (iv) the breakdown of these players participating in the United States
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`as well as the rest of the world.
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`The grounds for this motion are set forth in Acceleration Bay’s letter brief, which will be
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`provided to the Special Master pursuant to Paragraph 3 of the Order and the Special Master
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`Order Relating to Procedures for Resolving Discovery Motions (D.I. 113 in C.A. No. 15-228-
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`RGA). A telephonic hearing on this motion is scheduled for January 31, 2018.
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`
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`Case 1:16-cv-00455-RGA Document 371 Filed 01/17/18 Page 2 of 2 PageID #: 24529
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`Pursuant to D. Del. LR 7.1.1, Acceleration Bay states that it has made reasonable effort to
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`reach agreement with Defendants on the matters set forth in this motion and have been informed
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`that Defendants oppose the relief sought.
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`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`Attorneys for Plaintiff
`Acceleration Bay LLC
`
`OF COUNSEL:
`
`Paul J. Andre
`Lisa Kobialka
`KRAMER LEVIN NAFTALIS &
` FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`(650) 752-1700
`
`Aaron M. Frankel
`KRAMER LEVIN NAFTALIS &
` FRANKEL LLP
`1177 Avenue of the Americas
`New York, NY 10036
`(212) 715-9100
`
`Dated: January 17, 2018
`5603635
`
`2
`
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