Wolfire Games LLC et al v. Valve Corporation, No. 2:2021cv00563 - Document 132 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 131 Stipulated MOTION Concerning Depositions. Signed by U.S. District Judge John C. Coughenour. (SS)

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Wolfire Games LLC et al v. Valve Corporation Doc. 132 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 1 of 16 1 The Honorable John C. Coughenour 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 IN RE VALVE ANTITRUST LITIGATION Case No. 2:21-cv-00563-JCC STIPULATED MOTION CONCERNING DEPOSITIONS 12 13 NOTE ON MOTION CALENDAR: AUGUST 2, 2023 14 15 Plaintiffs Wolfire Games LLC, Dark Catt Studios Holdings Inc., and Dark Catt Studios 16 17 Interactive LLC (collectively “Plaintiffs”), and Defendant Valve Corporation (“Valve” or 18 “Defendant,” and together with Plaintiffs, “Parties”), by and through their undersigned counsel of 19 record, hereby stipulate and agree to the following Stipulated Motion Concerning Depositions 20 (“Deposition Protocol Order”). The Deposition Protocol Order may be modified at any time by 21 agreement of the parties or by order of the Court. All parties reserve all rights to seek relief from 22 the Court from any provision for good cause. 23 24 I. DEPOSITION PROCEDURES AND LIMITS 1. A witness may be deposed only once in his or her individual capacity in these 25 proceedings unless the Parties otherwise agree or the Court otherwise orders. This limitation will 26 not affect the rights of a Party to seek to depose as a fact witness an individual who has been identified as a corporate representative of a party designated under Rule 30(b)(6), or of other STIPULATED MOT. CONCERNING DEPOSITIONS – 1 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Dockets.Justia.com Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 2 of 16 1 parties to object to such depositions. As set forth below a witness who is being deposed as a fact 2 witness and as a corporate representative in a Rule 30(b)(6) deposition will be deposed in a single 3 block on one day (or over consecutive days if (i) the witness so requests, or (ii) if the time on the 4 record would exceed eight (8) hours—see paragraph 6). 5 2. Where a deponent is represented by counsel (individual or firm) who does not 6 already represent a Party to the above-referenced litigation (e.g., a third party or an employee of a 7 Defendant with separate counsel), the noticing party shall provide a copy of this Deposition 8 Protocol Order and the Stipulated Protective Order (Dkt. # 95) to the deponent’s counsel along 9 with the deposition subpoena or notice. 10 3. Plaintiffs and Defendant may each notice up to twenty-five (25) depositions per 11 side 1 under Fed. R. Civ. P. 30(b)(1), up to twenty (20) of which may be Party depositions. The 12 remaining depositions may be third-party depositions, whether of third-party fact witnesses or Rule 13 30(b)(6) depositions of third parties. For purposes of this stipulation, the deposition of a former 14 employee of a Party counts as a Party deposition, even if the former employee must be served via 15 subpoena. As discussed below, Parties may cross-notice third-party depositions, but doing so 16 counts against their deposition limits. The following are not subject to the deposition limits in this 17 paragraph: (1) depositions of third parties solely to authenticate or qualify documents for 18 admission into evidence, and (2) depositions to perpetuate the testimony of a witness expected to 19 be unavailable at the time of trial within the meaning of Fed. R. Civ. P. 32(a)(4), if that 20 unavailability arises after the close of fact discovery. 21 4. Plaintiffs and Defendant may also serve 30(b)(6) deposition notices on the Parties. 22 23 24 25 26 1 For the avoidance of doubt, Plaintiffs are collectively one “side” of the case and Defendant is the other “side.” Accordingly, Plaintiffs may collectively take up to 25 depositions, including up to 20 depositions of Defendant; Defendant may take 25 depositions, including up to 20 depositions of Plaintiffs, collectively. STIPULATED MOT. CONCERNING DEPOSITIONS – 2 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 3 of 16 1 Such notices may include no more than eighteen (18) discrete topics per side 2, which must be 2 sufficiently specific to provide reasonable notice of the scope and subject matter of the topic and 3 may not be overly broad to circumvent these limits. Time for 30(b)(6) depositions of the Parties, 4 however, is limited to eighteen (18) hours on the record per side. 5 5. A Party may designate a party witness (current or former employee) who has been 6 noticed for a 30(b)(1) fact deposition to be a witness as to served 30(b)(6) topics. Any time spent 7 on 30(b)(6) topics with that witness will not count as part of the seven (7) hour on-the-record time 8 for the witness’s 30(b)(1) fact deposition, but will count against the noticing Party’s upper limit of 9 eighteen (18) hours on the record for 30(b)(6) deposition time. The noticing party shall take fact 10 testimony under 30(b)(1) and corporate representative testimony under 30(b)(6) in separate 11 consecutive sessions to clarify the capacity in which testimony is given, with a separate transcript 12 prepared for each session indicating the capacity in which the testimony is given. 13 6. A Party seeking a Rule 30(b)(6) deposition must serve a Rule 30(b)(6) notice at 14 least twenty (20) business days before the 30(b)(6) deposition is scheduled. The Party receiving a 15 Rule 30(b)(6) deposition notice from another Party shall identify the name(s) of the witness(es) 16 designated to testify on each listed topic no later than ten (10) business days before the deposition. 17 If a Party designates a given witness for 30(b)(6) topics, the noticing or requesting party will 18 respond with an estimate of how much on-the-record time will be needed to pursue those 30(b)(6) 19 topics and whether the noticing party also intends to take a 30(b)(1) deposition of the designated 20 witness. If the sum of the forecasted 30(b)(1) and 30(b)(6) deposition time (in separate sessions, 21 as described above) exceeds eight (8) hours, unless otherwise agreed between the Parties, the 22 Parties will cooperate on scheduling multiple consecutive days of deposition for the witness. 23 7. As to 30(b)(6) topics not designated for any 30(b)(1) witnesses, the parties will 24 25 26 2 For the avoidance of doubt, Plaintiffs may collectively serve no more than eighteen (18) discrete 30(b)(6) topics on Defendant; Defendant may serve no more than eighteen (18) discrete 30(b)(6) topics on Plaintiffs, collectively. STIPULATED MOT. CONCERNING DEPOSITIONS – 3 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 4 of 16 1 confer in good faith regarding a logical grouping of topics and scheduling of deposition days so 2 that 30(b)(6) depositions proceed in a logical and efficient manner. 3 4 II. ALLOCATION OF DEPOSITION TIME 8. Depositions of 30(b)(1) witnesses noticed by any Party will generally be limited to 5 seven (7) hours of direct examination consistent with Fed. R. Civ. P. 30(d)(1) (except as set forth 6 herein). This stipulation does not inhibit a party’s ability to request additional direct examination 7 time for good cause, or move for court relief in the event of a dispute regarding the proprietary of 8 additional direct examination time. 9 9. For a Rule 30(b)(6) designee, the time spent in deposition as such shall not be 10 counted toward the time limit for a separate deposition of that witness as a 30(b)(1) witness. 11 10. If the witness does not speak English as a native language, the Party representing 12 the witness will provide notice of that fact to the noticing Party within five (5) business days of 13 the noticing party requesting a date for the deposition or noticing the deposition. In such a 14 situation, the Parties shall promptly meet and confer in good faith to determine whether a translator 15 is necessary and, if so, to identify a suitable translator. All costs for a certified translator to appear 16 at and translate the deposition (professional fees, travel expenses, lodging, etc.) shall be borne 17 entirely by the Party who noticed the depositions. If such a translator is required, the time limit 18 for the deposition shall be extended to twice the amount of testimonial time otherwise provided by 19 applicable court rules and this order (e.g., a seven (7) hour deposition may take up to fourteen (14) 20 hours). However, no more than seven (7) hours of deposition time shall occur in a single day for 21 such a witness and any deposition time over seven (7) hours must occur on the next business day, 22 unless otherwise agreed. 23 11. If any technical issues are encountered during depositions, the parties will go off 24 the record, and such time will not count against the time limit on depositions. 25 12. Noticing counsel will have a reasonable amount of time, not to exceed the shorter 26 of the amount of time spent by defending counsel questioning the witness or thirty (30) minutes (one (1) hour if the deposition is translated), to conduct any redirect examination of the witness STIPULATED MOT. CONCERNING DEPOSITIONS – 4 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 5 of 16 1 limited to the scope of defending counsel’s examination, which shall not count towards the seven 2 (7) hour limit for the noticing party’s direct examination. 3 13. In the event a Party cross-notices the deposition of a current or former employee of 4 that Party, the time permitted by the Federal Rules of Civil Procedure shall be extended to eleven 5 (11) hours (or from fourteen (14) to eighteen (18) hours for a translated deposition), with the 6 noticing Party entitled to examine the witness for seven (7) hours and the cross-noticing Party 7 entitled to examine the witness for at least four (4) hours, with the potential for additional time, 8 provided advanced notice is given. To the extent that a Party reasonably believes that more than 9 one (1) of the permitted four (4) hours (or any additional hours beyond four (4)) will be required 10 to examine the witness, the parties shall meet and confer in good faith sufficiently in advance of 11 the deposition to allow any dispute to be brought to the Court for resolution. Such cross-notices 12 will count against the twenty-five (25) deposition limit for the side of the Party serving the cross13 notice. 14 14. To the extent Plaintiffs or Defendant cross-notice a third party for deposition, the 15 Parties shall each have 3.5 hours of on-the-record time at the third-party deposition (seven (7) 16 hours for a translated deposition). If no cross-notice occurs, the non-noticing side (Plaintiffs or 17 Defendant) will have up to two (2) hours of on-the-record time, leaving at least five (5) hours of 18 on-the-record time to the noticing Party (again, the time periods are doubled if the deposition is 19 translated). 20 21 III. SCHEDULING AND LOCATION OF DEPOSITIONS 15. Counsel will consult with one another to coordinate, to the extent practicable, all 22 scheduling, noticing, and taking of depositions. Counsel shall not unilaterally take steps to 23 schedule and notice a Party deposition without consulting in advance with counsel for the witness 24 or the Party that is the current or former employer of the witness. 25 16. A Party may serve a deposition subpoena on a third party without consulting any 26 opposing party; however, the serving party will contemporaneously provide the opposing parties with the as-served copy of the subpoena and will coordinate with the other Parties (as well as the STIPULATED MOT. CONCERNING DEPOSITIONS – 5 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 6 of 16 1 witness or witness’ counsel) in selecting and finalizing the date for the deposition. Service will 2 occur at least fourteen (14) business days before the third party deposition takes place absent 3 agreement of the Parties. 4 17. For third-party depositions, an opposing Party will inform the noticing party within 5 seven (7) business days of service on the opposing party whether the opposing party intends to 6 cross-notice the third party’s deposition. Regardless of whether an opposing Party cross-notices 7 the deposition, the Parties shall coordinate with each other and with the witness (or counsel for the 8 witness), to the extent possible, on scheduling the deposition. 9 18. Plaintiffs or Defendants seeking to schedule the deposition of a third party shall 10 schedule such a deposition only on a date the Plaintiffs or Defendants, respectively, have not 11 already scheduled a deposition. The noticing Party shall serve a copy of this order along with the 12 subpoena to any third party. 13 19. Party depositions shall be noticed pursuant to the Federal Rules of Civil Procedure 14 and this order, and all notices shall be served on all Parties electronically. Any subpoenas for 15 deposition testimony shall be served on witnesses as required by law and this order, but copies 16 may be served electronically on all Parties. 17 18 IV. DEPOSITION PROCEDURES 20. Noticing Depositions: A Party can notice a deposition to be taken via remote 19 means or in person, at its election. At the time of the issuance of the notice of deposition or 20 subpoena, the noticing Party will indicate whether they intend for the deposition to proceed in 21 person or via remote means. Depositions conducted in whole or part via a remote means consistent 22 with this order shall be as admissible and useable in this litigation to the same extent that would 23 otherwise be permissible under the Federal Rules of Civil Procedure, the Federal Rules of 24 Evidence, and other applicable rules or procedures. If a witness has health or safety concerns with 25 an in-person deposition, the parties shall meet and confer in good faith regarding whether the 26 deposition may proceed remotely and the safety protocols to be used if it proceeds in person. 21. Defending counsel may appear in person with their witness, at the witness’s STIPULATED MOT. CONCERNING DEPOSITIONS – 6 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 7 of 16 1 election, regardless of whether the deposition is conducted in person or remotely, and regardless 2 of whether questioning counsel appears in person or remotely. If Defending counsel will appear 3 in person for a deposition to be conducted remotely, she will provide notice of that at least seven 4 (7) days in advance of the deposition. The noticing party can then switch the deposition to in 5 person within three (3) days at the noticing party’s option. 6 22. If a deposition was previously agreed to be an in-person deposition, the party 7 noticing the deposition, witness, or opposing counsel may request the deposition be changed to a 8 remote deposition. Such a request to change the format for the deposition should be provided as 9 soon as reasonably practicable, but no later than seven (7) days in advance of the deposition. The 10 Parties will work cooperatively and timely to arrange for the necessary logistics required for the 11 change in format of the deposition. 12 23. Objections to Rule 30(b)(6) Topics. The recipient of a Rule 30(b)(6) deposition 13 notice who objects to one or more of the listed topics shall serve written objections within fourteen 14 (14) calendar days of service of the 30(b)(6) deposition notice containing the topic(s) objected to. 15 The noticing party and the objecting party shall meet and confer regarding the objections within 16 ten (10) calendar days of service of written objections. If they are unable to resolve the objections, 17 the Parties shall use the expedited joint motion procedure in LR 37 to submit the objections to the 18 Court for resolution, with the objecting party as the moving party on that motion. The 30(b)(6) 19 deposition shall be scheduled on objected-to topics only after those objections are resolved by 20 agreement of the parties or Court order. 21 24. Real Time Text and Video Feeds. For depositions proceeding remotely, counsel 22 for the witness will ensure that the witness has access to a computer with a camera and microphone 23 capable of utilizing the videoconference platform. If the witness already has the necessary 24 technology, they shall utilize those resources. If the witness does not have the necessary 25 technology, the cost of providing access to the technology shall be borne by the noticing party if 26 the deposition takes place at the witness’ home or at the office of a court reporting service (or other such location), but the cost shall be borne by the witness’s counsel if the witness is deposed in STIPULATED MOT. CONCERNING DEPOSITIONS – 7 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 8 of 16 1 their counsel’s office. The court reporting service will make available a real-time text feed to 2 participants upon request. Any party requesting the additional real time text feed or equivalent 3 electronic reporting shall be responsible for the cost. 4 25. Exhibits for Remote Depositions: For depositions proceeding remotely, any party 5 intending to question the witness will deliver printed hard copies of exhibits that may be used to 6 the deponent, opposing counsel, and the court reporter in advance of the deposition. Such hard 7 copies shall be delivered by 3:00 p.m. local time the day before the deposition. The party sending 8 hard copies shall inform the witness’s counsel that hard copies are being sent, request the delivery 9 address to be used, and provide tracking information for the package. All recipients of a package 10 containing hard copies shall keep the package sealed until the deposition begins and shall unseal 11 the package on the record, on video, and during the deposition when directed to do so by the 12 counsel taking the deposition who sent the hard copies. 13 26. If logistical problems inhibit the delivery of hard copies, or if the questioning 14 attorney in good faith did not know a potential exhibit would be used until shortly before or during 15 the deposition, a party may utilize an electronic exhibit in connection with that deposition so long 16 as the technology used for the remote deposition permits presentment of the electronic exhibit at 17 the deposition to the witness and counsel (whether in the room or participating online) in a manner 18 that enables them to independently and fully access and review each page of the exhibits during 19 the course of the deposition at their discretion and on their own devices (for instance, the witness 20 and counsel each need to be able to independently scroll through all pages of their electronic copy 21 of a PDF or other type of document that constitutes the exhibit). In other words, counsel 22 conducting an examination, when presenting an exhibit to a witness in the circumstances set forth 23 in this paragraph, shall have the exhibit simultaneously made available electronically (i.e., 24 uploaded) for independent access by all others participating in the deposition. 25 27. Hard Copy Exhibits for In-Person Depositions: With respect to any hard copy 26 exhibit used in an in-person deposition, deposing counsel shall at their own expense provide three (3) hard copies to attending counsel (in addition to any copies provided to the witness and/or court STIPULATED MOT. CONCERNING DEPOSITIONS – 8 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 9 of 16 1 reporter), unless deposing counsel knows in advance of the deposition that fewer (or more) copies 2 will be needed for those attending. In all events, examining counsel, defending counsel, and all 3 other counsel attending the deposition shall cooperate in good faith so that counsel for each party 4 attending the deposition will have adequate access during the deposition to an exhibit used by 5 examining counsel during the deposition, such as stating the Bates number for each exhibit on the 6 record so counsel may view such documents electronically in their document review software. 7 28. Remote Administration of the Oath: The Parties agree that a court reporter may 8 administer the oath to a deponent remotely, even if the court reporter is not in the physical presence 9 of the witness. Further, if a court reporter is not authorized to take oaths in the place of examination 10 pursuant to Fed. R. Civ. P. 28, the parties agree to the administration of such oaths remotely and 11 that the transcripts may be used by or against all parties in this litigation to the same extent that 12 would otherwise be permissible under the Federal Rules of Civil Procedure, the Federal Rules of 13 Evidence, and other applicable rules or procedures. 14 29. Videoconferencing: For remote depositions, the videoconferencing platform must 15 allow for the deponent, attending counsel, deposing counsel, defending counsel, court reporter, 16 and videographer (and translator, if applicable) to participate in a deposition without attending the 17 deposition in person. The noticing Party is responsible for ensuring that the remote means utilized 18 for a deposition allow for the court reporter to accurately record the deponent’s testimony. Should 19 technical issues prevent the court reporter from reliably hearing or transcribing the testimony at 20 any deposition taken remotely pursuant to this order and such technical issue cannot be remedied 21 in a timely manner, deposing counsel, defending counsel, and attending counsel shall meet, confer, 22 and cooperate with one another to address the problem, including but not limited to rescheduling 23 the deposition if unable through reasonable efforts to secure a substitute court reporter. Either the 24 noticing Party or defending counsel may elect to have a technical specialist attend a deposition 25 taken by remote means to ensure that technical issues are dealt with in a timely manner, the costs 26 of which will be borne solely by the party electing to do so. 30. The video conferencing for remote depositions shall be set up in such a way that STIPULATED MOT. CONCERNING DEPOSITIONS – 9 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 10 of 16 1 counsel attending the deposition remotely can see the witness and the witness’s face clearly. There 2 should be separate cameras for the witness and defending counsel in the event that defending 3 counsel is defending the witness in person. Details regarding the video conferencing service will 4 be made available to all parties at least five (5) business days before the deposition. The noticing 5 Party and defending counsel shall, if necessary, meet, confer, and cooperate to ensure that the 6 deponent has technology sufficient to attend a deposition via remote means. 7 31. In addition to recording deposition testimony by stenographic means, the noticing 8 party may arrange for the deposition to be recorded via video by a videographer. The examining 9 attorney, at their election, may make a video recording of their own examination of the witness in 10 addition to a certified video recording of the witness alone made by a certified videographer. 11 V. 12 LEGAL STANDARDS AND CONDUCT OF DEPOSITIONS 32. Regardless of location or whether the deposition is taken in-person or remotely, all 13 depositions shall be conducted in accordance with applicable Federal Rules of Civil Procedure, 14 Federal Rules of Evidence, the Local Rules of the United States District Court for the Western 15 District of Washington, the Court’s Order Regarding Depositions and Discovery (Dkt. #20), 16 applicable standing orders regarding attorney conduct, ethical rules governing conduct of 17 attorneys, rulings of courts in the United States District Court for the Western District of 18 Washington, and this order. Counsel shall act in good faith to ensure compliance with these rules 19 and all applicable ethical obligations and may seek appropriate relief for violations. 20 33. The parties agree that one objection by a Plaintiff or Defendant can be relied upon 21 by all Plaintiffs or Defendants respectively. 22 34. The court-reporter service shall maintain a total running time for actual time on the 23 record during each deposition to measure compliance with the time limitations and the time 24 allocation provisions above. 25 26 VI. DEPARTING DOCUMENT CUSTODIANS AND FORMER EMPLOYEES 35. In response to a request for deposition, if the witness is a former employee of any Party and is not currently represented by counsel for that Party, counsel for that Party shall within STIPULATED MOT. CONCERNING DEPOSITIONS – 10 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 11 of 16 1 seven (7) business days of the deposition notice provide the date of departure and last known 2 contact information of the former employee, whether counsel can accept service of the notice, and 3 whether counsel will be representing that Party for the deposition. 4 36. In response to a request for deposition, if the witness is a departing designated 5 document custodian who intends to leave his or her employment before the deposition would 6 occur, counsel for the Party shall within five (5) business days of the deposition notice request that 7 the deponent appear for deposition at a date, place, and time convenient for the Parties and the 8 deponent, consistent with the local rules and this Deposition Protocol Order, without the need for 9 service of a third-party subpoena or other formal judicial process on the deponent, and inform the 10 noticing party of the deponent’s response to such request. If a departing deponent agrees to appear 11 without the need for service of a subpoena or other formal judicial process on the deponent, the 12 procedures for scheduling the deposition of a current employee of a party shall apply and the 13 deposition will be counted as a Party deposition. 14 15 VII. DEPOSITION TRANSCRIPTS 37. The following paragraphs will apply to all depositions taken in this action (and any 16 subsequent cases filed that are deemed by the Court to be consolidated with or related to this 17 matter) and shall be included in each transcript by the court reporter. 18 38. Transcripts of depositions will be delivered from court reporters to counsel for the 19 witness and all parties who have ordered a transcript. Counsel shall promptly forward it to the 20 witness for review, correction, and signature under penalty of perjury. Within sixty (60) days of 21 receiving the final transcript from the court reporter, the witness’s counsel shall then forward the 22 original transcript plus corrections to the court reporter, who will promptly notify all counsel of its 23 receipt and any errata. 24 39. If the witness is not represented by counsel, the original transcript will be sent to 25 the witness by the court reporter. After review, correction, and signature under penalty of perjury 26 within thirty (30) days from the date of receipt of the final transcript, the witness shall return the original transcript to the court reporter, who will notify all counsel of its receipt and any errata STIPULATED MOT. CONCERNING DEPOSITIONS – 11 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 12 of 16 1 submitted by the witness. If the transcript is not returned, a certified copy may be used in lieu of 2 the original for all purposes. 3 40. Any witness who submits errata must do so in accordance with Fed. R. Civ. P. 4 30(e)(1). 5 41. The court reporter will provide the original transcript to the first examining 6 attorney. If, for any reason, the original is lost, misplaced, not returned, not signed, or unavailable, 7 a certified copy may be used in its place for all purposes. 8 9 VIII. USE OF DEPOSITIONS 42. The depositions taken by any Party pursuant to this Deposition Protocol Order may 10 be made available and used in any subsequent cases filed that are deemed by the Court to be 11 consolidated with this matter to the extent authorized under the Stipulated Protective Order (Dkt. 12 # 95). Nothing in this paragraph prevents a party from objecting to the use of, or moving to exclude 13 the use of, a deposition from any subsequently-related matter in that party’s case. 14 43. The Parties agree that the transcript and/or recording of any deposition taken by 15 any party pursuant to this Deposition Protocol Order by remote means shall be admissible in any 16 proceeding in this matter (or any consolidated matter) to the same extent and as if the deposition 17 were taken in-person. 18 19 20 21 22 23 24 25 26 STIPULATED MOT. CONCERNING DEPOSITIONS – 12 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 13 of 16 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED this August 2, 2023. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 /s/ Alicia Cobb Alicia Cobb, WSBA #48685 QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 Telephone (206) 905-7000 Fax (206) 905-7100 aliciacobb@quinnemanuel.com /s/ Stephanie L. Jensen Stephanie L. Jensen, WSBA #42042 WILSON SONSINI GOODRICH & ROSATI P.C. 701 Fifth Avenue, Suite 5100 Seattle, WA 98104-7036 Telephone (206) 883-2500 Fax (206) 883-2699 sjensen@wsgr.com Steig D. Olson (pro hac vice) David LeRay (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue New York, New York 10010 Telephone (212) 849-7231 Fax (212) 849-7100 steigolson@quinnemanuel.com Kenneth R. O’Rourke (pro hac vice) Scott A. Sher (pro hac vice) Allison B. Smith (pro hac vice) WILSON SONSINI GOODRICH & ROSATI, P.C. 1700 K Street, NW, Suite 500 Washington, DC 20006 Telephone (202) 973-8800 Fax (202) 973-8899 korourke@wsgr.com ssher@wsgr.com allison.smith@wsgr.com Adam Wolfson (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 S. Figueroa St., 10th Floor Los Angeles, California 90017 Telephone (213) 443-3285 Fax (213) 443-3100 adamwolfson@quinnemanuel.com Charles Stevens (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California St., 22nd Floor San Francisco, CA 94111 Telephone (415) 875-6600 Fax (415) 875-6700 charliestevens@quinnemanuel.com W. Joseph Bruckner (pro hac vice) Joseph C. Bourne (pro hac vice) LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue S, Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 Fax: (612) 339-0981 wjbruckner@locklaw.com jcbourne@locklaw.com Interim Co-Lead Counsel Interim Co-Lead Counsel 23 24 25 26 STIPULATED MOT. CONCERNING DEPOSITIONS – 13 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 14 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 David Golden (pro hac vice) CONSTANTINE CANNON LLP 1001 Pennsylvania Ave., 22nd Floor Washington, D.C. 20004 Telephone (202) 204-4527 Fax (202) 204-3501 dgolden@constantinecannon.com /s/ Gavin W. Skok Gavin W. Skok, WSBA #29766 FOX ROTHSCHILD LLP 1001 Fourth Avenue, Suite 4400 Seattle, WA 98154 Telephone: (206) 624-3600 gskok@foxrothschild.com A. Owen Glist (pro hac vice) Ankur Kapoor (pro hac vice) Jeffrey I. Shinder (pro hac vice) CONSTANTINE CANNON LLP 335 Madison Avenue, 9th Floor New York, NY 10017 Telephone (212) 350-2700 Fax (212) 350-2701 oglist@constantinecannon.com Kristen Ward Broz FOX ROTHSCHILD LLP 2020 K. St. NW, Ste. 500 Washington, DC 20006 Telephone (202) 794-1220 kbroz@foxrothschild.com Interim Co-Lead Counsel Kenneth J. Rubin (pro hac vice) Timothy B. McGranor (pro hac vice) Kara M. Mundy (pro hac vice) VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street Columbus, Ohio 43215 Telephone (614) 464-6400 Fax (614) 719-4796 kjrubin@vorys.com tbmcgranor@vorys.com kmmundy@vorys.com 20 Thomas N. McCormick (pro hac vice) VORYS, SATER, SEYMOUR AND PEASE LLP 4675 MacArthur Court, Suite 700 Newport Beach, California 92660 Phone (949) 526-7903 Fax (949) 383-2384 tnmccormick@vorys.com 21 Interim Executive Committee Member 18 19 Nathan M. Buchter FOX ROTHSCHILD LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103 Telephone (215) 299-3010 nbuchter@foxrothschild.com Charles B. Casper (pro hac vice) Peter Breslauer (pro hac vice) Robert E. Day (pro hac vice) Jessica Rizzo (pro hac vice) MONTGOMERY McCRACKEN WALKER & RHOADS LLP 1735 Market Street, 21st Floor Philadelphia, PA 19103 Telephone (215) 772-1500 ccasper@mmwr.com pbreslauer@mmwr.com rday@mmwr.com jrizzo@mmwr.com Attorneys for Defendant Valve Corporation 22 23 24 25 26 STIPULATED MOT. CONCERNING DEPOSITIONS – 14 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 15 of 16 1 IT IS SO ORDERED. 2 DATED this 2nd day of August 2023. 3 A 4 5 6 John C. Coughenour UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOT. CONCERNING DEPOSITIONS – 15 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000 Case 2:21-cv-00563-JCC Document 132 Filed 08/02/23 Page 16 of 16 1 CERTIFICATE OF SERVICE I hereby certify that on August 2, 2023, I caused a true and correct copy of the foregoing 2 3 to be filed in this Court’s CM/ECF system, which sent notification of such filing to counsel of 4 record. 5 DATED August 2, 2023. 6 7 /s/ Alicia Cobb Alicia Cobb, WSBA #48685 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOT. CONCERNING DEPOSITIONS – 16 (2:21-CV-00563-JCC) QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 (206) 905-7000

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