U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
The YoVille TOS was amended in May 2009, but the provisions relevant to this dispute werenot changed at that time. Compare Hanley Decl. Ex. A p. 16-17 with Ex. B p. 17.
Plaintiff has filed a motion to seal Exhibits A-D to the Parker Declaration on grounds thatDefendants designated them “Confidential” pursuant to the parties’ stipulated protective order.Defendants, as the designating party, have complied with Local Rule 79-5(d) and the Motion to Sealis GRANTED.3special offers at issue), the YoVille TOS
Seabolt Decl. Ex. A;Reply at 2 (image of screen shot). There is no record of whether Plaintiff or anyone else everclicked on the blue hyperlinked YoVille Terms of Service, which Zynga’S 30(b)(6) witness testifiedit did not track. Parker Decl. Ex. E at 85-86, 92, 112, 126.
Case3:09-cv-05443-EDL Document94 Filed08/04/11 Page3 of 17