Case 4:20-cv-05640-YGR Document 800 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
`Consumer Plaintiffs’ Interim Class Counsel
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`IN RE APPLE IPHONE ANTITRUST
`LITIGATION
`
`DONALD R. CAMERON, et al.,
`Plaintiffs,
`
`v.
`APPLE INC.,
`
`Defendant.
`
`Case No. 4:11-cv-06714-YGR-TSH
`ORDER GRANTING [PROPOSED]
`SUPPLEMENTAL PROTECTIVE
`ORDER GOVERNING DISCOVERY
`FROM THE WALT DISNEY
`COMPANY
`
`Hon. Yvonne Gonzalez Rogers
`
`Case No. 4:19-cv-03074-YGR-TSH
`
`EPIC GAMES, INC.,
`Plaintiff and Counter-defendant,
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`v.
`APPLE INC.,
`
`Defendant and Counterclaimant.
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`[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM THE WALT DISNEY COMPANY
`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 800 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 Disney1, and nothing herein
`shall provide any rights or protections to the Parties to the Litigations2 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 “DISNEY HIGHLY CONFIDENTIAL –
`2.
`OUTSIDE 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, Disney, or any Disney competitor, or
`otherwise currently involved in competitive decision-making for a Party, Disney, or any Disney
`
`1
`Disney shall refer to The Walt Disney Company, Hulu, LLC (“Hulu”), and ESPN
`Productions, Inc. (“ESPN”). Hulu and ESPN are affiliates of The Walt Disney Company.
`2
`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 THE WALT DISNEY COMPANY
` 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 800 Filed 06/25/21 Page 3 of 5
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`
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`competitor; (3) has not, within the 12 months preceding the entry of this Protective Order, been
`an employee or Business Consultant of a Party, Disney, or any Disney competitor, or otherwise
`been involved in competitive decision-making for a Party, Disney, or any Disney competitor; and
`(4) at the time of retention, is not anticipated to become an employee or Business Consultant of a
`Party, Disney, or any Disney competitor, or to be otherwise involved in competitive decision-
`making for a Party, Disney, or any Disney 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 Disney or any Disney competitor,
`or otherwise involved in competitive decision-making for Disney or any Disney competitor, the
`Party learning such information shall promptly disclose the information to Disney.
`3.
`“DISNEY HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY”
`Information or Items: extremely sensitive “Confidential Information or Items” produced by
`Disney 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 Disney’s data protection
`practices and security protocols; evaluation of the strengths and vulnerability of Disney’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 Disney or competitors to Disney; information relating
`to pending or abandoned patent applications that have not been made available to the public;
`confidential submissions to governmental entities describing Disney’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 DISNEY
`PROTECTED MATERIALS
`1. Manner of Designating “DISNEY HIGHLY CONFIDENTIAL – OUTSIDE
`
`2[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM THE WALT DISNEY COMPANY
` 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 800 Filed 06/25/21 Page 4 of 5
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`COUNSEL EYES ONLY” Information or Items. To qualify for protection as “DISNEY
`HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY,” Disney must affix the
`legend “DISNEY HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES ONLY” to each
`page of any document for which Disney seeks protection under this Supplemental Protective
`Order.
`
`Disclosure of “DISNEY HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
`2.
`EYES ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in
`writing by Disney, a Party may disclose any information or item designated “DISNEY 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, 5.2, 5.3,
`3.
`6, 7.1, 9, 10, 11, 12, 13, and 14 apply mutatis mutandis to information designated “DISNEY
`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 “DISNEY HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL EYES
`
`3[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM THE WALT DISNEY COMPANY
` 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 800 Filed 06/25/21 Page 5 of 5
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`ONLY.” Unless otherwise ordered by the Court or expressly permitted by Disney, no Party
`seeking to introduce documents or information designated “DISNEY HIGHLY CONFIDENTIAL
`– OUTSIDE COUNSEL 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 “DISNEY 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 Disney in writing such that Disney may raise any objection
`IT IS SO ORDERED.
`
`June 25, 2021
`DATED: May__, 2021
`
`HON. YVONNE GONZALEZ ROGERS
`United States District Court Judge
`
`27271
`
`4[
`
`PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER
`GOVERNING DISCOVERY FROM THE WALT DISNEY COMPANY
` Case Nos. 4:11-cv-06714-YGR-TSH; 4:19-cv-03074-YGR-TSH; 4:20-cv-05640-YGR-TSH
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