Chase Hamano v. Activision Blizzard, Inc. ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 CHASE HAMANO, Individually and on ) Case No. 2:19-cv-03788-SVW-AFMx 10 Behalf of All Others Similarly Situated, ) ) CLASS ACTION 11 Plaintiff, ) ) STIPULATED PROTECTIVE 12 vs. ) ORDER1 ) 13 ACTIVISION BLIZZARD, INC., et al., ) ) 14 Defendants. ) ) 15 16 17 18 19 20 21 22 23 24 25 26 27 1 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve commercial, financial, technical and/or 13 proprietary information for which special protection from public disclosure and from 14 use for any purpose other than prosecution of this action is warranted. Such 15 confidential and proprietary materials and information consist of, among other 16 things, confidential business or financial information, information regarding 17 confidential business practices, or other confidential development or commercial 18 information (including information implicating privacy rights of third parties), 19 information otherwise generally unavailable to the public, or which may be 20 privileged or otherwise protected from disclosure under state or federal statutes, 21 court rules, case decisions, or common law. Accordingly, to expedite the flow of 22 information, to facilitate the prompt resolution of disputes over confidentiality of 23 discovery materials, to adequately protect information the parties are entitled to keep 24 confidential, to ensure that the parties are permitted reasonable necessary uses of 25 such material in preparation for and in the conduct of trial, to address their handling 26 at the end of the litigation, and serve the ends of justice, a protective order for such 27 information is justified in this matter. It is the intent of the parties that information 1 designated without a good faith belief that it has been maintained in a confidential, 2 non-public manner, and there is good cause why it should not be part of the public 3 record of this case. 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the court 9 to file material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City & 13 Cty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs., Inc., 15 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 16 good cause showing), and a specific showing of good cause or compelling reasons 17 with proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 20 CONFIDENTIAL does not – without the submission of competent evidence by 21 declaration, establishing that the material sought to be filed under seal qualifies as 22 confidential, privileged, or otherwise protectable – constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the 25 relief sought shall be narrowly tailored to serve the specific interest to be protected. 26 See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 27 item or type of information, document, or thing sought to be filed or introduced 1 under seal in connection with a dispositive motion or trial, the party seeking 2 protection must articulate compelling reasons, supported by specific facts and legal 3 justification, for the requested sealing order. Again, competent evidence supporting 4 the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. 7 If documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the document, 9 shall be filed. Any application that seeks to file documents under seal in their 10 entirety should include an explanation of why redaction is not feasible. 11 2. DEFINITIONS 12 2.1 Action: this pending lawsuit, Hamano, et al. v. Activision Blizzard, 13 Inc., et al., Case No. 2:19-CV-03788-SVW-AFM. 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 the Good Cause Statement. 20 2.4 Counsel (without qualifier): Outside Counsel of Record and House 21 Counsel (as well as their support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 “HIGHLY CONFIDENTIAL” Information or Items: source code or 5 other extremely sensitive, proprietary “Confidential Information or Items,” 6 disclosure of which to a competitor would create a substantial risk of serious 7 economic harm. 8 2.9 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.10 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.11 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL.” 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 Once a case proceeds to trial, information that was designated as 13 CONFIDENTIAL or HIGHLY CONFIDENTIAL or maintained pursuant to this 14 protective order used or introduced as an exhibit at trial becomes public and will be 15 presumptively available to all members of the public, including the press, unless 16 compelling reasons supported by specific factual findings to proceed otherwise are 17 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 18 (distinguishing “good cause” showing for sealing documents produced in discovery 19 from “compelling reasons” standard when merits-related documents are part of court 20 record). Accordingly, the terms of this protective order do not extend beyond the 21 commencement of the trial. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that 26 qualifies under the appropriate standards. The Designating Party must designate for 27 protection only those parts of material, documents, items or oral or written 1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the appropriate legend, 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” to each page that contains 21 protected material. The Producing Party may apply the same designation to all pages 22 of a document if any page of the document contains information qualifying for the 23 designation. 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 1 documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, before 3 producing the specified documents, the Producing Party must affix the appropriate 4 legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”) to each page that 5 contains Protected Material. 6 (b) for testimony given in depositions, that the Designating Party 7 identifies on the record, before the close of the deposition, all protected testimony. 8 When it is impractical to identify separately each portion of testimony that is entitled 9 to protection and it appears that substantial portions of the testimony may qualify for 10 protection, the Designating Party may invoke on the record (before the deposition is 11 concluded) a right to have up to 21 days after the court reporter provides the 12 Designating Party with a copy of the deposition transcript to identify the specific 13 portions of the testimony as to which protection is sought and to specify the level of 14 protection being asserted. Only those portions of the testimony that are 15 appropriately designated for protection within the 21 days shall be covered by the 16 provisions of this Stipulated Protective Order. 17 (c) for information produced in some form other than documentary 18 and for any other tangible items, that the Producing Party affix in a prominent place 19 on the exterior of the container or containers in which the information is stored the 20 appropriate legend, “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. Upon receipt of such corrected designation, any Receiving Party that 27 disclosed the Disclosure or Discovery Material before its designation as 1 to (i) ensure that any paper or electronic documents summarizing, referencing, or 2 incorporating any such Disclosure or Discovery Material, which paper and 3 electronic documents may be retained by the Receiving Party, are treated as if the 4 Disclosure or Discovery Material had originally been designated as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” and (ii) ensure that such 6 Disclosure or Discovery Material is not further disclosed except in accordance with 7 this Protective Order. 8 5.4 Any Designating Party may change the designation of any Disclosure 9 or Discovery Material at any time by providing written notice to the other Party or 10 Parties. 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 12 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 13 designation of confidentiality at any time that is consistent with the Court’s 14 Scheduling Order. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 resolution process under Local Rule 37-1 et seq. Unless relieved by written order of 17 the Court upon good cause shown, counsel for the Designating Party shall confer 18 with counsel for the Challenging Party within five (5) days after the Challenging 19 Party’s correspondence initiating the dispute resolution process. 20 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 21 joint stipulation pursuant to Local Rule 37-2. Unless the parties agree in writing 22 otherwise, within five (5) days of receipt of the moving party’s material, counsel for 23 the opposing party shall deliver for the moving party the opposing party’s portion of 24 the stipulation, together with all supporting declarations or exhibits. 25 6.4 The burden of persuasion in any such challenge proceeding shall be on 26 the Designating Party. Frivolous challenges, and those made for an improper 27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 1 has waived or withdrawn the confidentiality designation, all parties shall continue to 2 afford the material in question the level of protection to which it is entitled under the 3 Producing Party’s designation until the Court rules on the challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, 20 as well as employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) 23 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the Court and its personnel; 1 (f) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (g) the author or recipient of a document containing the information 6 or a custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, 8 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 9 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 10 they will not be permitted to keep any confidential information unless they sign the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 12 agreed by the Designating Party or ordered by the court. Pages of transcribed 13 deposition testimony or exhibits to depositions that reveal Protected Material may 14 be separately bound by the court reporter and may not be disclosed to anyone except 15 as permitted under this Stipulated Protective Order; and 16 (i) any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions. 19 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 20 Unless otherwise ordered by the court or permitted in writing by the Designating 21 Party, a Receiving Party may disclose any information or item designated “HIGHLY 22 CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, 24 as well as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this litigation; 26 (b) the officers and directors (including House Counsel) of the Lead 27 Plaintiff only for purposes of mediation or possible settlement of the Action and who 1 (c) Experts of the Receiving Party to whom disclosure is reasonably 2 necessary for this litigation, and who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, and Professional Vendors 7 to whom disclosure is reasonably necessary for this litigation and who have signed 8 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information 10 or a custodian or other person who otherwise possessed or knew the information; 11 and 12 (h) during their deposition, witnesses, and attorneys for witnesses in 13 the Action who are current officers or employees or were Class Period officers or 14 employees of the Designating Party, any witness represented by counsel for the 15 Designating Party, and any testifying Expert ,unless otherwise agreed by the 16 Designating Party or ordered by the court. Pages of transcribed deposition testimony 17 or exhibits to depositions that reveal Protected Material may be separately bound by 18 the court reporter and may not be disclosed to anyone except as permitted under this 19 Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting 21 personnel, mutually agreed upon by any of the parties engaged in settlement 22 discussions. 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL,” that Party must: 27 1 (a) promptly notify in writing the Designating Party. Such 2 notification shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or 4 order to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall include 6 a copy of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order shall not produce any information designated in this 11 action as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL” before a 12 determination by the court from which the subpoena or order issued, unless the Party 13 has obtained the Designating Party’s permission. The Designating Party shall bear 14 the burden and expense of seeking protection in that court of its confidential material 15 and nothing in these provisions should be construed as authorizing or encouraging a 16 Receiving Party in this Action to disobey a lawful directive from another court. 17 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced 19 by a Non-Party in this Action and designated as “CONFIDENTIAL” or as 20 “HIGHLY CONFIDENTIAL.” Such information produced by Non-Parties in 21 connection with this litigation is protected by the remedies and relief provided by 22 this Order. Nothing in these provisions should be construed as prohibiting a Non- 23 Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, 25 to produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s 27 confidential information, then the Party shall: 1 (i) promptly notify in writing the Requesting Party and the 2 Non-Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (ii) promptly provide the Non-Party with a copy of the 5 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 (iii) make the information requested available for inspection by 8 the Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court 10 within 14 days of receiving the notice and accompanying information, the Receiving 11 Party may produce the Non-Party’s confidential information responsive to the 12 discovery request. If the Non-Party timely seeks a protective order, the Receiving 13 Party shall not produce any information in its possession or control that is subject to 14 the confidentiality agreement with the Non-Party before a determination by the 15 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 23 or persons to whom unauthorized disclosures were made of all the terms of this 24 Order, and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” that is attached hereto as Exhibit A. 26 27 1 11. NON-WAIVER OF PRIVILEGES 2 (a) Protection of Privilege. This Protective Order is entered pursuant 3 to and is intended to provide the protections allowable under Federal Rule of 4 Evidence 502(d). The production of privileged, work-product or other protected 5 material in this case, whether inadvertent or otherwise, is not a waiver of the 6 privilege or protection from discovery in this case or in any other proceeding. 7 (b) Notification Requirements. Best Efforts of Receiving Party. If 8 a Producing Party believes that it has produced Privileged Information, then it must 9 notify the Receiving Party, in writing, that it has produced Privileged Information 10 without intending a waiver by the produced. Upon such notification, the Receiving 11 Party must promptly (i) notify the Producing Party that it will make best efforts to 12 identify and return, sequester or destroy (or in the case of electronically stored 13 information, delete) the Privileged Information and any reasonably accessible copies 14 it has and (ii) confirm it will cease further review, dissemination, and use of the 15 Privileged Information. 16 (c) Receiving Party’s Duty to Notify. If a Party identifies Disclosure 17 or Discovery Material that appears on its face to be Privileged Material belonging to 18 another Party or Non-Party, the identifying Party is under a good-faith obligation to 19 notify that other Party or Non-Party. If the Party or Non-Party to which the disclosed 20 Privileged Material belongs wishes to assert a claim of privilege or protection, that 21 Party or Non-Party shall notify the Receiving Party of its assertion of privilege 22 within 7 calendar days of receiving the identifying party’s notification of potentially 23 Privileged Material. Nothing in this Stipulation and Order limits or otherwise 24 modifies an attorney’s ethical responsibilities to refrain from examining or 25 disclosing materials that the attorney knows or reasonably should know to be 26 Privileged Material and to inform the Producing Party that such Privileged Material 27 has been produced. 1 (d) Voluntary Waiver. This Order does not preclude a party from 2 voluntarily waiving the attorney-client privilege or work product protection. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order, no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in this 9 Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 ground to use in evidence of any of the material covered by this Protective Order. 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 13 only be filed under seal pursuant to a court order authorizing the sealing of the 14 specific Protected Material at issue. If a Party’s request to file Protected Material 15 under seal is denied by the court, then the Receiving Party may file the information 16 in the public record unless otherwise instructed by the court. 17 13. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, within 60 19 days of a written request by the Designating Party, each Receiving Party must return 20 all Protected Material to the Producing Party or destroy such material. As used in 21 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 22 summaries, and any other format reproducing or capturing any of the Protected 23 Material. Whether the Protected Material is returned or destroyed, the Receiving 24 Party must submit a written certification to the Producing Party (and, if not the same 25 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 26 (by category, where appropriate) all the Protected Material that was returned or 27 destroyed and (2) affirms that the Receiving Party has not retained any copies, 1 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 2 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 3 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 4 reports, attorney work product, and consultant and expert work product, even if such 5 materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Protective Order as set forth in 7 Section 4 (DURATION). 8 14. VIOLATION 9 Any violation of this Order may be punished by appropriate measures 10 including, without limitation, contempt proceedings and/or monetary sanctions. 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 DATED: September 30, 2019 ROBBINS GELLER RUDMAN & DOWD LLP 13 s/ Tor Gronborg 14 TOR GRONBORG (179109) SCOTT H. SAHAM (188355) 15 TRIG R. SMITH (237399) MATTHEW I. ALPERT (238624) 16 SARA B. POLYCHRON (244685) ALEXI H. PFEFFER-GILLETT 17 (313709) 18 Attorneys for Lead Plaintiff 19 DATED: September 30, 2019 COOLEY LLP 20 s/ Koji F. Fukumura KOJI F. FUKUMURA (189719) 21 RYAN E. BLAIR (246724) 22 ERIN C. TRENDA (277155) HEATHER M. SPEERS (305380) 23 24 Attorneys for Defendants ACTIVISION BLIZZARD, INC., 25 ROBERT A. KOTICK, AND COLLISTER JOHNSON 26 27 1 || DATED: September 30, 2019 TRELL & MANELLA LLP LOS ANGELES 3 s/ Craig Varnen CRAIG VARNEN (170263) 4 ALAINA BIRD (318044) SPENCER NEUMANN ° IT IS SO ORDERED. 3 DATED: 10/1/2019 Chty Mock 10 ALEXANDER F. MacKINNON 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _17- 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, __________________ [print or type full name], of ________________ 4 [print or type full address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the United 6 States District Court for the Central District of California on [date] in the case of 7 Hamano, et al. v. Activision Blizzard, Inc., et al., Case No. 2:19-CV-03788-SVW- 8 AFM. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject 12 to this Stipulated Protective Order to any person or entity except in strict compliance 13 with the provisions of this Order. I further agree to submit to the jurisdiction of the 14 United States District Court for the Central District of California for enforcing the 15 terms of this Stipulated Protective Order, even if such enforcement proceedings 16 occur after termination of this action. 17 I hereby appoint _____________ [print or type full name] of 18 ______________ [print or type full address and telephone number] as my California 19 agent for service of process in connection with this action or any proceedings related 20 to enforcement of this Stipulated Protective Order. 21 Date: 22 City and State where sworn and signed: 23 24 Printed name: 25 Signature: 26 27