Case 4:20-cv-05640-YGR Document 799 Filed 06/25/21 Page 1 of 5
`
`BETSY C. MANIFOLD (182450)
`RACHELE R. BYRD (190634)
`BRITTANY N. DEJONG (258766)
`WOLF HALDENSTEIN ADLER
` FREEMAN & HERZ LLP
`750 B Street, Suite 1820
`San Diego, CA 92101
`Telephone: 619/239-4599
`Facsimile: 619/234-4599
`manifold@whafh.com
`byrd@whafh.com
`dejong@whafh.com
`
`Interim Class Counsel for the
`Consumer Plaintiffs
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`Case No. 4:11-cv-06714-YGR-TSH
`ORDER GRANTING [PROPOSED]
`SUPPLEMENTAL PROTECTIVE
`ORDER GOVERNING DISCOVERY
`FROM ELECTRONIC ARTS INC.
`
`Hon. Yvonne Gonzalez Rogers
`
`Case No. 4:19-cv-03074-YGR-TSH
`
`IN RE APPLE IPHONE ANTITRUST
`LITIGATION
`
`DONALD R. CAMERON, et al.,
`Plaintiffs,
`
`v.
`APPLE INC.,
`
`Defendant.
`
`EPIC GAMES, INC.,
`Plaintiff and Counter-defendant,
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`v.
`APPLE INC.,
`
`Defendant and Counterclaimant.
`
`[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER GOVERNING
`DISCOVERY FROM ELECTRONIC ARTS INC.
`Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
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`Case 4:20-cv-05640-YGR Document 799 Filed 06/25/21 Page 2 of 5
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`Having considered Consumer Plaintiffs’ Administrative Motion for Entry of Supplemental
`Protective Orders and any opposition(s) filed in response thereto, and good cause appearing, the
`Court hereby grants the motion and enters the following order:
`A. GENERAL PROVISIONS
`1.
`The definitions, terms and provisions contained in the Stipulated Amended
`Protective Order on January 21, 2021 (Case No. 4:11-cv-06714-YGR, Dkt. No. 381; Case No.
`4:19-cv-03074-YGR, Dkt. No. 252) (the “Protective Order”) shall be incorporated herein by
`reference as though fully set forth herein; provided, however, that in the event of a conflict
`between any definition, term or provision of this Supplemental Protective Order and any
`definition, term or provision of the Protective Order, this Supplemental Protective Order will
`control with respect to such conflict.
`2.
`The definitions, terms and provisions contained in this Supplemental Protective
`Order shall apply only to those Discovery Materials produced by Electronic Arts Inc. (“EA”), and
`nothing herein shall provide any rights or protections to the Parties to the Litigations1 beyond
`those set forth in the Protective Order.
`B.
`ADDITIONAL DEFINITIONS
`1.
`Business Consultant: a consultant advising on or involved in competitive decision-
`making.
`Party Expert: with respect to the “EA HIGHLY CONFIDENTIAL – OUTSIDE
`2.
`COUNSEL EYES ONLY” designation, a person with specialized knowledge or experience in a
`matter pertinent to the Litigations who: (1) has been retained by a Party or its counsel to serve as
`an expert witness or as a consultant in the Litigations; (2) is not a current employee or current
`Business Consultant of a Party, EA, or any EA competitor, or otherwise currently involved in
`competitive decision-making for a Party, EA, or any EA competitor; (3) has not, within the 12
`months preceding the entry of this Protective Order, been an employee or Business Consultant of
`
`
`1
`Litigations shall mean In re Apple iPhone Antitrust Litigation, Case No. 4:11-cv-06714-
`YGR; Cameron v. Apple Inc., Case No. 4:19-cv-03074-YGR; and Epic Games, Inc. v. Apple Inc.,
`Case No. 4:20-cv-05640.
`
`
`
`1
`[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM ELECTRONIC ARTS INC.
`Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
`
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`Case 4:20-cv-05640-YGR Document 799 Filed 06/25/21 Page 3 of 5
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`a Party, EA, or any EA competitor, or otherwise been involved in competitive decision-making
`for a Party, EA, or any EA competitor; and (4) at the time of retention, is not anticipated to
`become an employee or Business Consultant of a Party, EA, or any EA competitor, or to be
`otherwise involved in competitive decision-making for a Party, EA, or any EA competitor. If,
`while the Litigations are pending, a Party learns that any of its retained experts or consultants as
`defined herein is anticipating to become, or has become, an employee or Business Consultant of
`EA or any EA competitor, or otherwise involved in competitive decision-making for EA or any
`EA competitor, the Party learning such information shall promptly disclose the information to
`EA.
`
`“EA HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY”
`3.
`Information or Items: extremely sensitive “Confidential Information or Items” produced by EA
`and that contain algorithms and source code; non-public, commercially sensitive customer lists or
`communications; non-public financial, marketing, or strategic business planning information;
`past, current, or future non-public information regarding prices, costs, margins, or other financial
`metrics; information relating to research, development, testing of, or plans for existing or
`proposed future products; non-public information concerning EA’s data protection practices and
`security protocols; evaluation of the strengths and vulnerability of EA’s product offerings,
`including non-public pricing and cost information; confidential contractual terms, proposed
`contractual terms, or negotiating positions (including internal deliberations about negotiating
`positions) taken with respect to EA or competitors to EA; information relating to pending or
`abandoned patent applications that have not been made available to the public; confidential
`submissions to governmental entities describing EA’s legal positions or theories; personnel files;
`sensitive personally identifiable information; and communications that disclose any such
`information.
`C.
`ADDITIONAL PROTECTIONS FOR ACCESS TO AND USE OF EA
`PROTECTED MATERIALS
`1. Manner of Designating “EA HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
`EYES ONLY” Information or Items. To qualify for protection as “EA HIGHLY
`
`2[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM ELECTRONIC ARTS INC.
`Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
`
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`Case 4:20-cv-05640-YGR Document 799 Filed 06/25/21 Page 4 of 5
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`CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY,” EA must affix the legend “EA
`HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY” to each page of any
`document for which EA seeks protection under this Supplemental Protective Order.”
`2.
`Disclosure of “EA HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES
`ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in writing by
`EA, a Party may disclose any information or item designated “EA HIGHLY CONFIDENTIAL –
`OUTSIDE COUNSEL EYES ONLY” only to:
`(a)
`the Party’s Outside Counsel of Record in the Litigations, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
`information for these Litigations and who have signed the “Acknowledgement and Agreement to
`be Bound” that is attached to the Protective Order as Exhibit A;
`(b)
`Party Experts (as defined in this Supplemental Protective Order) (1) to
`whom disclosure is reasonably necessary for these Litigations and (2) who have signed the
`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
`(c)
`the Court and its personnel;
`(d)
`court reporters and their staff, professional jury or trial consultants, and
`Professional Vendors to whom disclosure is reasonably necessary for these Litigations and who
`have signed the “Acknowledgment and Agreement to be Bound” (Exhibit A); and
`(e)
`the author or recipient of a document containing the information.
`All other provisions of the Protective Order, including Paragraphs 2, 3, 4, 5.3, 6,
`3.
`7.1, 9, 10, 11, 12, 13, and 14 apply mutatis mutandis to information designated “EA HIGHLY
`CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY” to the same extent as they apply to
`information designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY;” except
`that the provision in Paragraph 3 of the Protective Order providing that any use of Protected
`Material at trial shall be governed by a separate agreement or order shall not apply to information
`designated “EA HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY.” Unless
`otherwise ordered by the Court or expressly permitted by EA, no Party seeking to introduce
`documents or information designated “EA HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
`
`3[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM ELECTRONIC ARTS INC.
`Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
`
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`Case 4:20-cv-05640-YGR Document 799 Filed 06/25/21 Page 5 of 5
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`EYES ONLY” into the record at trial may disclose the materials to any persons other than those
`identified in Paragraph C.2. of this Supplemental Protective Order. In the event a Party seeks to
`introduce documents or information designated “EA HIGHLY CONFIDENTIAL – OUTSIDE
`COUNSEL EYES ONLY” at trial in a manner that will result in disclosure to persons other than
`those specified in Paragraph C.2 of this Supplemental Protective order, the Party shall promptly
`notify in writing the EA such that EA may raise any objection.
`IT IS SO ORDERED.
`
`June 25, 2021
`DATED: May__, 2021
`
`HON. YVONNE GONZALEZ ROGERS
`United States District Court Judge
`
`27290
`
`4[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM ELECTRONIC ARTS INC.
`Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
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