Larsen v. PTT, LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA RICK LARSEN, individually and on behalf of all others similarly situated, Plaintiff, No. 3:18-cv-05275-TMC v. PRETRIAL ORDER PTT, LLC (d/b/a HIGH 5 GAMES, LLC), a Delaware limited liability company, and HIGH 5 ENTERTAINMENT, LLC, a New Jersey limited liability company, 14 Defendants.

16 JURISDICTION 17 Jurisdiction is vested in this court by virtue of 28 U.S.C. § 1332(d)(2) because (a) at least one member of the class is a citizen of a state different from Defendants, (b) the amount in controversy exceeds $5,000,000, exclusive of interest and costs, and (c) none of the exceptions under that subsection apply to this action.

21 CLAIMS AND DEFENSES 22 Plaintiff will pursue at trial the following claims: (1) violation of Washington’s Recovery of Money Lost at Gambling Act (“RMLGA”), RCW § 4.24.070; and (2) violations of Washington’s Consumer Protection Act (“CPA”), RCW § 19.86.010 et seq.

25 With respect to Plaintiff’s request for treble damages under the CPA, which is a legal issue for the court and should be decided separately from the issues presented to the jury, High 5 Games, LLC (“High 5”), plans to present the defense that its violation of the RMLGA (and thus the CPA) occurred in good faith under a reasonable belief that it was not improper. See, e.g., Young v. Whidbey Island Bd. of Realtors, 638 P.2d 1235, 1239–40 (Wash. 1982).

ADMITTED FACTS The following facts are admitted by the parties: 1. Defendant High 5 Games, LLC (“High 5”) develops and licenses software used in physical gambling machines which are operated in casinos and in online gaming.

2. High 5 also developed social casino game applications.

3. High 5’s social casino game applications were called High 5 Casino and High 5 Vegas.

4. The Court has found that the virtual coins in High 5’s social casino game applications are “things of value” because they extend “the privilege of playing the game.”

5. Plaintiff Larsen represents a class of persons who purchased virtual coins while in Washington while playing High 5 social casino game applications from April 6, 2014 through September 30, 2022.

ISSUES OF LAW The following are the issues of law to be determined by the court: (List 1, 2, 3, etc., and state each issue of law involved. A simple statement of the ultimate issue to be decided by the court, such as “Is the plaintiff entitled to recover?” will not be accepted.) If the parties cannot agree on the issues of law, separate statements may be given in the pretrial order.

The Court has already granted Plaintiff’s motion for summary judgment as to liability, finding that High 5 violated the Recovery of Money Lost in Gambling Act (“RMLGA”) and Consumer Protection Act (“CPA”). See generally Dkt. #408. Therefore, the sole issue remaining for trial is damages.1 The Court previously certified a damages class, which is comprised of Although the Court also previously certified an Injunctive Class, it has recently determined that Plaintiff failed to present any evidence or argument establishing that faced a “sufficiently imminent and substantial” risk of future harm from High 5’s products as of the date he sought to represent the class. See Dkt. #514 at 17. Because Plaintiff therefore lacks standing to seek “[a]ll individuals in Washington who purchased virtual casino chips on either High 5 Casino or High 5 Vegas after April 9, 2014.” Dkt. #170 at 16. The Court recently concluded that Plaintiff Larsen does not have standing to pursue direct claims against High 5 Entertainment, LLC and thus bifurcated Plaintiff’s alter ego and Uniform Voidable Transactions Act claims from the upcoming damages trial. Dkts. ##514–15. Given this ruling, the only damages at issue for the upcoming jury trial are those incurred while High 5 was still operating the social casino games— i.e., until September 30, 2022.

The Damages Class members are entitled to the amount of aggregate damages suffered by the Damages Class and proved by Plaintiff during trial. The Court has already concluded that for the CPA and RMLGA claims: (1) the aggregate damages should be measured by the cumulative value of coins purchased by the Damages Class, and (2) the individual allocations can be handled after trial through a claims procedure after the aggregate amount is proved. Dkt. #408 at 19–20.

Accordingly, the sole remaining issue for trier of fact to determine at the upcoming trial is: 1. Determination of the aggregate value of virtual coins purchased by the Damages Class.

The remaining legal issues for the Court are: 1. Whether Plaintiff and the Class are entitled to an increase in the award of damages, to an amount not more than three times the actual damages sustained, under the Washington CPA?2 Finally, on December 12, 2024, the Court granted Plaintiff leave to amend to add claims and allegations pertaining to High 5 Entertainment LLC’s alter ego liability for pre-October 1, injunctive relief, injunctive relief is no longer on the table. See id. (denying Plaintiff’s motion for permanent injunction).

2 High 5 intends to file a trial brief explaining that, if Plaintiff proves “actual damages”—a precursor to treble damages under the CPA—this issue should be decided in post-trial proceedings.

2022, transactions and a cause of action against Defendants High 5 Games LLC and High 5 Entertainment LLC under the Uniform Voidable Transactions Act. Although issues of law and fact remain to be determined as to such claims, they have been bifurcated from the issues outlined above and their resolution stayed until after the upcoming damages trial.

EXPERT WITNESSES None.

OTHER WITNESSES The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: (a) On behalf of Plaintiff: 1. Rick Larsen 12 c/o Tousley Brain Stephens, PLLC 1200 5th Avenue, Suite 1700 13 Seattle, WA 98101 14 Mr. Larsen may be called to testify concerning the details regarding his purchase of virtual chips from Defendant for use in High 5’s online casino games.

2. Shawn Davis 17 c/o Tousley Brain Stephens, PLLC 1200 5th Avenue, Suite 1700 18 Seattle, WA 98101 19 Mr. Davis will testify concerning his knowledge of the summaries and calculations he prepared on the data provided by the non-party platforms and High 5, including: (i) the number of virtual chip purchase transactions reflected in the data, (ii) the number of unique purchasers reflected in the data, (iii) the total revenue minus any refunds reflected in the data, and (iv) spending group breakdowns reflected in the data.

24 3. Custodian of records for non-party Apple, Inc., including Robin Goldberg or another custodian of records for Apple, Inc. Such custodian may be called to authenticate and provide a foundation for the admission of documents produced by non-party Apple, Inc. at trial.

1 4. Custodian of records for non-party Google LLC, including Jordan Zuccarello or another custodian of records for Google LLC.

Such custodian may be called to authenticate and provide a foundation for the admission of documents produced by non-party Google LLC at trial.

5. Custodian of records for non-party Meta Platforms, Inc., including Matt Daley or 5 another custodian of records for Meta Platforms, Inc. 6 Such custodian may be called to authenticate and provide a foundation for the admission of documents produced by non-party Meta Platforms, Inc. at trial.

6. Custodian of records for non-party Amazon.com, Inc., including Theresa Nixon or 9 another custodian of records for Amazon.com, Inc. Such custodian may be called to authenticate and provide a foundation for the admission of documents produced by non-party Amazon.com, Inc. at trial.

12 7. Anthony Singer c/o Holland & Hart, LLP 13 555 17th Street, Ste 3200 Denver, CO 80202 Mr. Singer may be called to testify regarding High 5’s operations and practices, the dollar value of virtual chips High 5 sold to Plaintiff and Class members, and the dollar value of virtual chips that Plaintiff and Class members lost playing at High 5’s online casino. Mr. Singer may also be called to testify by deposition.

8. Gino Fratto c/o Holland & Hart, LLP 20 555 17th Street, Ste 3200 Denver, CO 80202 Mr. Fratto may be called to testify regarding High 5’s operations and practices, the dollar value of virtual chips High 5 sold to Plaintiff and Class members, and the dollar value of virtual chips that Plaintiff and Class members lost playing at High 5’s online casino. Mr. Fratto may also be called to testify by deposition.

9. Karl Tangara c/o Holland & Hart, LLP 17th Street, Ste 3200 Denver, CO 80202 Mr. Tangara may be called to testify regarding High 5’s operations and practices, the dollar value of virtual chips High 5 sold to Plaintiff and Class members, and the dollar value of virtual chips that Plaintiff and Class members lost playing at High 5’s online casino. Mr. Tangara may also be called to testify by deposition.

10. Deanna Ishikawa 6 c/o Holland & Hart, LLP 17th Street, Ste 3200 7 Denver, CO 80202 8 Mr. Ishikawa may be called to testify regarding High 5’s operations and practices, the dollar value of virtual chips High 5 sold to Plaintiff and Class members, and the dollar value of virtual chips that Plaintiff and Class members lost playing at High 5’s online casino. Ms. Ishikawa may also be called to testify by deposition.

11. Any witness designated by Defendant High 5 Games, LLC 13 c/o Holland & Hart, LLP 17th Street, Ste 3200 14 Denver, CO 80202 15 Plaintiff and the Class reserve the right to call any witness identified, designated, and/or called by Defendant High 5 Games, LLC on any subject on which they have been designated, disclosed, and previously testified by deposition.

18 (b) On behalf of Defendant High 5 Games, LLC: (follow same format).

19 (As to each witness, expert or others, indicate “will testify,” or “possible witness only.” Also indicate which witnesses, if any, will testify by deposition. Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named.)

22 1. Rick Larson c/o Tousley Brain Stephens, PLLC 1200 5th Avenue, Suite 1700 24 Seattle, WA 98101 Possible witness only Mr. Larson may be called to testify concerning his social casino game habits, his virtual coin purchases, and other issues related to his play on High 5 Casino and other social casino apps.

1 2. Sean Wilson c/o Tousley Brain Stephens, PLLC 2 1200 5th Avenue, Suite 1700 Seattle, WA 98101 Possible witness only 4 Mr. Wilson may be called to testify by live testimony or deposition concerning his social casino game habits, his virtual coin purchases, and other issues related to his play on High 5 Casino and other social casino apps, all as included in Defendant’s deposition designations for Mr. Wilson.

9 3. Anthony Singer c/o Holland & Hart LLP 10 555 17th Street, Ste, 3200 Denver, DO 80202 Mr. Singer will be called to testify concerning High 5’s formation, its operations and practices, the differences between High 5’s real money gaming operations and its social casino apps, High 5’s attempts to make its social casino apps unavailable in the State of Washington, High 5’s revenue and inability to track revenue received from play in any geographic area including the State of Washington, and all other aspects of the case.

4. Gino Fratto c/o Holland & Hart LLP 18 555 17th Street, Ste, 3200 Denver, DO 80202 19 Possible witness only 20 Mr. Fratto may be called to testify concerning High 5’s operations and practices, its content development, its business model, and the High 5 Casino and High 5 Vegas player experience.

23 4. Chris Armes c/o Holland & Hart LLP 17th Street, Ste, 3200 25 Denver, DO 80202 Possible witness only Mr. Armes may be called to testify to explain High 5’s internal revenue tracking procedures, its attempts to utilize IP-address-based geolocation, and the shortfalls of the technology. (As to each witness, expert or others, indicate “will testify,” or “possible witness only.” Also indicate which witnesses, if any, will testify by deposition. Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named.)

EXHIBITS Identify each exhibit with a number, which becomes the number for the exhibit at the trial and appears on the exhibit tag with the following information in table format: 10 Plaintiff’s Exhibits 11 Ex. # Description Authenticity Admissibility Objection Admitted Data produced by Disputed Disputed E, F, MIL; Apple Inc. [APL- FRE 403, 602, 13 WILSON_00220265 801, 803, 901, ] 1006 Data produced by Disputed Disputed E, F, MIL; 15 Apple Inc. [APL- FRE 403, 602, WILSON_00220267 801, 803, 901, 16 ] 1006 17 3 Data produced by Disputed Disputed E, F, MIL; Apple Inc. [APL- FRE 403, 602, 18 WILSON_00220268 801, 803, 901, ] 1006 Data produced by Disputed Disputed E, F, MIL; 20 Apple Inc. [APL- FRE 403, 602, WILSON_00220269 801, 803, 901, 21 ] 1006 22 5 D ata produced by Disputed Disputed E, F, MIL; Google Inc. FRE 403, 602, 23 [GOOGLE- 801, 803, 901, LARSEN_000001] 1006 Data produced by Disputed Disputed E, F, MIL; 25 Meta Platforms, Inc. FRE 403, 602, [META- 801, 803, 901, LARSEN_000001] 1006 1 7 D ata produced by Disputed Disputed E, F, MIL; Meta Platforms, Inc. FRE 403, 602, 2 [META- 801, 803, 901, LARSEN_000005] 1006 Data produced by Disputed Disputed E, F, MIL; 4 Amazon FRE 403, 602, [AMAZON- 801, 803, 901, LARSEN_000001] 1006 6 9 Data produced by Disputed Disputed E, F, MIL; Amazon FRE 403, 602, [AMAZON- 801, 803, 901, 8 LARSEN_000002] 1006 Data produced by Disputed Disputed E, F, MIL; Amazon FRE 403, 602, 10 [AMAZON- 801, 803, 901, LARSEN_000005] 1006 Data produced by Disputed Disputed E, F, MIL; 12 Amazon FRE 403, 602, [AMAZON- 801, 803, 901, 13 LARSEN_000006] 1006 14 12 1/19/2024 Disputed Disputed E, F, MIL; Declaration of FRE 403, 602, 15 Shawn Davis [Dkt. 801, 803, 901, 278] 1006 5/24/2024Third Disputed Disputed E, F, MIL; 17 Supplemental FRE 403, 602, Declaration of 801, 803, 901, 18 Shawn Davis [Dkt. 1006 437-12] Transaction data Disputed Disputed E, F, MIL; 20 [HIGH5_000036] FRE 403, 602, 801, 803 Transaction data Disputed Disputed E, F, MIL; 22 [HIGH5_000037] FRE 403, 602, 801, 803 1/19/2024 Disputed Disputed E, F, MIL; 24 Declaration of FRE 403, 602, Records Custodian 801, 803, 901, for Amazon [Dkt. 1006 277-21] 1/19/2024 Disputed Disputed E, F, MIL; Declaration of FRE 403, 602, 1 Records Custodian 801, 803, 901, for Apple [Dkt. 275- 1006 2 8] 3 18 1/19/2024 Disputed Disputed E, F, MIL; Declaration of FRE 403, 602, 4 Records Custodian 801, 803, 901, for Google [Dkt. 1006 277-15] 6 19 1/19/2024 Disputed Disputed E, F, MIL; Declaration of FRE 403, 602, Records Custodian 801, 803, 901, 8 for Meta [Dkt. 275- 1006 10] 4/24/2024 Second Disputed Disputed E, F, MIL; 10 Declaration of FRE 403, 602, Records Custodian 801, 803, 901, 11 for Amazon 1006 12 21 7/25/2024 Disputed Disputed E, F, MIL; Supplemental FRE 403, 602, 13 Declaration of 801, 803, 901, Records Custodian 1006 14 for Meta [Dkt. 437- 11] iPad containing copy Disputed Disputed FRCP 26 16 of Social Casino game, lodged with the Court on 18 7.27.2020. [Dkt.

437-11] 12/18/2013 Email Stipulated Disputed E, F, MIL 20 chain between Gino FRE 401, 403, Fratto, Elaine 701, 702, 801, 21 Ogden, Anurag 803, 805 Sharma and others 22 re: Unable to block player from coin store 24 [HIGH5_00001718– HIGH5_001719] 04/16/2014 Email Stipulated Disputed FRE 401, 403 chain between Patrick Benson, Anthony Singer, 1 Deanna Ishikawa, and others re: 2 Targeting Slotomania Monetizers (1 4 attachment) [HIGH5_00145089– 5 HIGH5_145096] 6 25 03/10/2015 Email Stipulated Disputed MIL, FRE chain between Gian- 401, 403 7 Mical Gallerani, Gino Fratto, Patrick 8 Benson, and Drazen Pantic re: 1.23 Coin Store Issue 10 [HIGH5_02539119 –HIGH5_02539119] 12/03/2015 Email Stipulated Disputed FRE 401, 403 12 chain between Michael Grundvig, 13 Gian-Mical Galleranie, Brian 14 Nakamura, Lorin Jameson, Gino Fratto and others re: 16 Economy Changes and Much More 17 [HIGH5_02532327 –HIGH5_02532336] 12/11/2015 Email Stipulated Disputed E, F, MIL 19 chain between FRE 401, 403, Patrick Benson, Karl 701, 702, 801, Tangara, Deanna 803, 805 Ishikawa, and others re: Fradulent 22 Charges on Mastercard ending 23 in 0690 [HIGH5_00146738– HIGH5_146742] 25 28 12/29/2015 Task Stipulated Disputed MIL, FRE Email from Deanna 401, 403 Ishikawa to Kori Valz re: [JIRA] {DM-48} Minnows, 1 Dolphins, & Whales Information 2 [HIGH5_02671276 –HIGH5_02671276] 01/08/2016 Email Stipulated Disputed F, MIL 4 chain between FRE 401, 403, Patrick Benson, 801, 803 Brian Nakamura, 6 Deanna Ishikawa, and Karina 7 Avellaneda re: Android 8 [HIGH5_02671306 –HIGH5_02671307] 01/08/2016 Stipulated Disputed FRE 401, 403, 10 Compilation of User 801, 803 Profiles [HIGH5_02671869 12 –HIGH5_02671873] 02/18/2016 Draft Stipulated Disputed FRE 401, 403 Agenda for High 5 14 Games Executive Team Summit on 15 February 22 and 23 [HIGH5_03871507 16 –HIGH5_03871511] 17 32 03/28/2016 Club Stipulated Disputed FRE 401, 403 High 5 Proposal 18 [HIGH5_00002202– HIGH5_002214] 05/11/2016 Email Stipulated Disputed FRE 401, 403, 20 chain between Brian 801, 803 Noto, Anthony Singer, and Graham 22 Fuchs re: eCommerce Market 23 Convergence in Action: Social 24 Casinos and Real Money Gambling [HIGH5_00002033– HIGH5_002034] 1 34 08/31/2016 Email Stipulated Disputed MIL, FRE chain between 401, 403 2 Deanna Ishikawa, Ivan Rankenburg and Deanna 4 Ishikawa re: Whale report 5 [HIGH5_02672429 –HIGH5_02672430] 09/29/2016 Email Stipulated Disputed MIL, FRE 7 from Ivan 401, 403 Rankenburg to 8 Patrick Benson, and copying Deanna Ishikawa re: Whale 10 report [HIGH5_02671771 11 –HIGH5_02671772] 12 36 12/20/2016 Email Stipulated Disputed FRE 401, 403 chain between Ivan 13 Rankenburg, Patrick Benson, Oleg 14 Simonov, and others re: High 5 Vegas Coin Store 16 [HIGH5_02539397– HIGH5_02539403] 01/19/2017 Zendesk Stipulated Disputed E, F, MIL, 18 message from FRE 401, 403, Customer requesting 701, 702, 801, 19 closure of account 803, 805 due to gambling addiction [HIGH5_03245025 –HIGH5_03245026] 22 38 02/03/2017 Email Stipulated Disputed MIL, FRE from Mariya Padalk 401, 403 to Carolina Ocampo, 24 Cathering Conde, Gino Fratto and 25 others re: Campaign Brain Storms (Meeting Minutes 2/3/17) 1 [HIGH5_02540416 –HIGH5_02540417] 02/08/2017 Email Stipulated Disputed FRE 401, 403 3 chain between Patrick Benson, 4 Carolina Ocampo and others re: RevOps Update for 6 Review (2 attachments) 7 [HIGH5_00144197 –HIGH5_144202] 02/08/2017 Email Stipulated Disputed FRE 401, 403 9 chain between Gian- Mical Gallerani, 10 Patrick Benson, Mariya Padalk, and Deanna Ishikawa re: 12 RevOps Status 001 [HIGH5_02671379 13 –HIGH5_02671380] 14 41 02/08/2017 Email Stipulated Disputed FRE 401, 403 from Patrick Benson 15 to Mariya Padalko, Gian-Mical 16 Gallerani and Carolina Ocampo, and copying Deanna 18 Ishikawa and Lori Poalillo re: RevOps 19 Update for Review (1 attachment) [HIGH5_02870046 –HIGH5_02870049] 02/16/2017 Task Stipulated Disputed MIL, FRE 22 email from Carolina 401, 403 Ocampo to Deanna Ishikawa re: [JIRA] 24 {REVOPS-246} Engagements: $10 25 package gift for 30D+ state monets/60D+ stale monet whales 1 [HIGH5_02671441 –HIGH5_02671442] 02/22/2017 Task Stipulated Disputed MIL, FRE 3 email from 401, 403 Christopher Bate 4 (Jira) to Danna Ishikawa re: [JIRA] {REVOPS-246} 6 Engagement: $10 package gift for 7 30D+ state montes/60D+ stale 8 monet whales [HIGH5_02671438 –HIGH5_02671438] 10 44 02/24/2017 Email Stipulated Disputed MIL, FRE from Louis 401, 403 Costantini to 12 Catherine Conde, and Gian-Mical 13 Gallerani, copying Karina Avellaneda 14 re: Email Apprval for Today [HIGH5_02665592 16 –HIGH5_02665595] 03/30/2017 Email Stipulated Disputed MIL, FRE chain between 401, 403 18 Anthony Singer and Patrick Benson, and 19 copying Deanna Ishikawa re: Tournament Winners [HIGH5_02671377 22 –HIGH5_02671378] 07/19/2017 Email Stipulated Disputed FRE 401, 403, chain between Brian 801, 803, 805 24 Noto, Susan Stein, Anthony Singer, and 25 others re: High 5 Strategy - Director's Meeting 1 [HIGH5_00002437– HIGH5_002440] 09/25/2017 Email Stipulated Disputed FRE 401, 403 3 chain between Patrick Benson, 4 Anthony Singer and others re: A Couple of Follow Ups 6 [HIGH5_00142342– HIGH5_142344] 03/22/2018 High5 Stipulated Disputed FRE 401, 403 8 Games RevOps Social Casino 9 Report [HIGH5_00029192 10 –HIGH5_029214] 11 49 07/27/2018 Email Stipulated Disputed MIL, FRE from Laura Pai to 401, 403 12 Deanna Ishikawa, and copying Linday Choy re: Stale 14 Whale Monetizers (Gift Effort) (2 15 attachments) [HIGH5_02668713 16 –HIGH5_02668725] 17 50 10/17/2018 Email Stipulated Disputed MIL, FRE chain between 401, 403 18 Patrick Benson, Gino Fratto, and others re: Social 20 Monetization [HIGH5_02673839 21 –HIGH5_02673841] 22 51 11/08/2018 High 5 Stipulated Disputed FRE 401, 403 Casino B2C Annual 23 Operational Plan 2019 24 [HIGH5_03178064 –HIGH5_03178086] 03/06/2019 Memo Stipulated Disputed FRE 401, 403 re: Responsible Gambling 1 [HIGH5_03864507– HIGH5_03864510] 07/26/2019 Task Stipulated Disputed F, MIL, FRE 3 Email from 401, 403 Christopher Bate 4 (Jira) to Samanth Wood re: [JIRA] {DM-2428} Pull 6 User ID and Monetization for 7 canvas users with a 10K spend or higher 8 that have not logged into H5C since 7/23/19 10 [HIGH5_02665116 –HIGH5_02665116] 08/08/2019 Email Stipulated Disputed MIL, FRE 12 from Gino Fratto to 401, 403 Brian Nakamura, 13 Kelli Trogani, Janine Cotter, Brian 14 Abrams and others re: B2C Revenue Workshop Tableau 16 Charts [HIGH5_02539642 17 –HIGH5_02539643] 18 55 08/08/2019 Email Stipulated Disputed MIL, FRE from Gino Fratto to 401, 403 19 Brian Nakamura, Kelli Trogani, Janine Cotter, Brian Abrams and others re: B2C Weekly 22 Revenue Workshop Tableau Charts 23 [HIGH5_02540328 –HIGH5_02540328] 08/22/2019 Email Stipulated Disputed F, MIL, FRE 25 from Samantha 401, 403 Wood to Laura Pai and Deanna Ishikawa re: Whale Device Replacement 1 Activity (1 attachment 2 [HIGH5_02671568 –HIGH5_02671571] 09/03/2019 Email Stipulated Disputed MIL, FRE 4 chain between David 401, 403, 801, Evans, Samantha 803, 805 Wood, Gino Fratto 6 and others re: Whales who 7 received Device Replacement 8 [HIGH5_02539604 –HIGH5_02539607] 09/10/2019 Email Stipulated Disputed F, MIL, FRE 10 from Laura Pai to 401, 403 Deanna Ishikawa re: tableau chart 12 [HIGH5_02672195 –HIGH5_02672195] 09/01/2020 Email by Stipulated Disputed F, MIL, FRE 14 Laura Pai re: Social 401, 403 Whale Projects 15 [HIGH5_02668273 –HIGH5_02668273] 09/06/2020 Zendesk Stipulated Disputed E, F, MIL, 17 message from FRE 401, 403, Customer requesting 701, 702, 801, 18 closure of account 803, 805 due to gambling addiction 20 [HIGH5_02917351 –HIGH5_02917351] 10/02/2020 Task Stipulated Disputed F, MIL, FRE 22 Email from Laura 401, 403 Pai (Jira) to Timothy 23 Markowicz re: [JIRA] Updates for 24 DM-3287: Whale List to Send High Min Bet Exclusive Game [HIGH5_02668599 –HIGH5_02668600] 1 62 10/12/2020 Email Stipulated Disputed F, MIL, FRE chain between Diego 401, 403 2 Rainis and Laura Pai re: Whales - inactive (1 attachment) 4 [HIGH5_02668299 –HIGH5_02668303] 10/12/2020 Email Stipulated Disputed F, MIL, FRE 6 from Yana 401, 403 Tsyganova to Laura 7 Pai, and copying Diego Rainis ree: 8 Whales - inactive [HIGH5_02668921 –HIGH5_02668921] 10 64 10/16/2020 Email Stipulated Disputed F, MIL, FRE chain between Laura 401, 403 Pai, Timothy 12 Markowicz, and Diego Rainis re: 13 Whale Campaign: Serve Exclusive 14 Game [HIGH5_02668935 –HIGH5_02668944] 16 65 10/26/2020 Task Stipulated Disputed F, MIL, FRE Email from Caitlin 401, 403 O'Malley to Timothy 18 Markowicz re [JIR]} Updates for DM- 19 3338: List: Serve Games to Whale Monetizers [HIGH5_02667328 –HIGH5_02667329] 22 66 10/28/2020 Email Stipulated Disputed F, MIL, FRE from Caitlin 401, 403 O'Malley to 24 Samantha Wood and Denise Castillo, and 25 copying Laura Pai re: High Roller Serve Games to Whale Monetizers Promotion 1 [HIGH5_03124026 –HIGH5_03124027] 12/03/2020 Task Stipulated Disputed F, MIL, FRE 3 Email from Caitlin 401, 403 O'Malley to Adam 4 Steele re [JIRA] Updates for DM- 3414: List: Serve 6 Games to Whale Monetizers 12/00 7 [HIGH5_01477847 –HIGH5_01477848] 12/22/2021 Email Stipulated Disputed MIL, FRE 9 from Nicholas Chin 401, 403 to Anthony Singer, 10 Carl Hallam, Husniye Temocin, and Joe Centineo re: 12 Reward access / Whale boosted spins 13 - 11/22 1045 am [HIGH5_02670337 14 –HIGH5_02670337] 15 69 03/08/2023 Chat Stipulated Disputed F, MIL, FRE between Alina 401, 403, 801, 16 Shymanska, Dmytro 803, 805 Skilarov re: disabling customer's 18 ability to buy credits due to gambling 19 addiction [HIGH5_03387037– HIGH5_03387038] 21 70 08/11/2023 Chat Stipulated Disputed E, F, MIL, between Naigell FRE 401, 403, 22 Beckford, Claudia V 701, 702, 801, (Lila), and Lisa 803, 805 Husniye re: 24 customer's request for a refund because 25 of gambling addiction [HIGH5_03388486– HIGH5_03388500] 1 71 11/05/2023 Chat Stipulated Disputed FRE 401, 403 between Husniye 2 Lisa, Diego Raini, and Anthony Singer re: removal of limit 4 [HIGH5_03379830 –HIGH5_03379834] Defendant’s Exhibits Ex. # Description Authenticity Admissibility Objection Admitted 500 Washington State Disputed Disputed FRE 401, 402, Gambling Commission 702, 801, 802, 9 Guidance to Online F, Social Gaming High 5 Games, LLC Stipulated Stipulated 11 and Subsidiary Consolidated Financial Statements December 13 31, 2014 and 2013 [HIGH5_04012146- HIGH5_04012167] 15 502 High 5 Games, LLC Stipulated Stipulated and Subsidiary Consolidated Financial 17 Statements December 31, 2015 and 2014 [HIGH5_00936725- 19 HIGH5_00936745] High 5 Games, LLC Stipulated Stipulated and Subsidiary 21 Consolidated Financial Statements December 22 31, 2016 and 2015 23 [HIGH5_00936746- HIGH5_00936764] High 5 Games, LLC Stipulated Stipulated and Subsidiary Consolidated Financial Statements December 31, 2017 and 2016 1 [HIGH5_00936765- HIGH5_00936784] 4/17/2018 Washington Disputed Disputed FRE 401, 402, 3 State Gambling 702, 801, 802, Commission Article - F, E 4 "Director's statement regarding Ninth Circuit Court of 6 Appeals' published decision in Kater v. 7 Churchill Downs" 506 High 5 Games, LLC Stipulated Stipulated and Subsidiaries 9 Consolidated Financial Statements December 10 31, 2018 and 2017 11 [HIGH5_00936785- HIGH5_00936804] 8/25/2019 - 8/26/2019 Stipulated Stipulated 13 Payment confirmations to High 5 Casino Real 14 Slots 15 [LARSEN_000002] 16 508 10/23/2019 Sean Disputed Disputed FRE 401, 402, Wilson Tweet 403, 801, 802 11/1/2019 Sean Disputed Disputed FRE 401, 402, 18 Wilson Tweet 403, 801, 802 High 5 Games, LLC Stipulated Stipulated and Subsidiaries 20 Consolidated Financial Statements December 21 31, 2019 and 2018 [HIGH5_00936805- HIGH5_00936824] 23 511 High 5 Games, LLC Stipulated Stipulated and Subsidiaries Consolidated Financial 25 Statements for December 31, 2020 and 2019 1 [HIGH5_00936825 – HIGH5_00936844] 8/21/2022 Zendesk Disputed Disputed FRE 401, 402, 3 Ticket #438816 re “I 801, 802, F don’t live in 4 Washington” 5 [HIGH_151152 – HIGH5_151154 10/3/2022 Zendesk Disputed Disputed FRE 401, 402, 7 Ticket #440508 re 801, 802, F "Why can't I play some 8 games" 9 [HIGH5_151378- HIGH5_151379] 10/21/2022 Zendesk Disputed Disputed FRE 401, 402, 11 Ticket #441009 re 801, 802, F “Unable to make 12 purchases” 13 [HIGH5_151233 – HIGH5_151235] 11/3/2022 Zendesk Disputed Disputed FRE 401, 402, 15 Ticket #441294 re 801, 802 “Unable to make 16 purchases” 17 [HIGH5_151261] 11/10/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #441584 re "not 801, 802 19 able to log in" [HIGH5_151240- HIGH5_151242] 21 517 11/13/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #441799 re 801, 802, F “Live in Oregon” 23 [HIGH5_151224 – HIGH5_151225] 11/15/2022 Zendesk Disputed Disputed FRE 401, 402, 25 Ticket #441941 re 801, 802, F “Oregon” [HIGH5_151630 – HIGH5_151631] 519 11/15/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #441918 re 801, 802, F 2 “Playing games” 3 [HIGH5_151633] 520 11/20/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #442140 re 801, 802, F 5 "Can't sign in" 6 [HIGH5_151390] 11/20/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #442150 re 801, 802, F "High five casino disabled in my 9 region?" [HIGH5_151579] 11/25/2022 Zendesk Disputed Disputed FRE 401, 402, 11 Ticket #442381 re "No 801, 802, F access to High 5 casino" 13 [HIGH5_151609- HIGH5_151610] 12/2/2022 Zendesk Disputed Disputed FRE 401, 402, 15 Ticket #442635 re 801, 802, F "high 5 game" [HIGH5_151264] 12/15/2022 Zendesk Disputed Disputed FRE 401, 402, 18 Ticket #442986 re 801, 802, F “Some problems” [HIGH5_151355 – 20 HIGH5_151356] 21 525 12/16/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #443031 re 801, 802, F 22 “Not allowed to play after 12 years of 23 playing.”

24 [HIGH5_151591 – HIGH5_151592] 12/21/2022 Zendesk Disputed Disputed FRE 401, 402, Ticket #443157 re 801, 802, F “Cannot Access High 5” 1 [HIGH5_151269 – HIGH5_151270] High 5 Games, LLC Stipulated Stipulated 3 and Subsidiaries Consolidated Financial 4 Statements December 31, 2022 and 2021 [HIGH5_00936541 – 6 HIGH5_00936560] 528 1/11/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #443727 re 801, 802, F 8 “Not available in my area” [HIGH5_151246] 1/15/2023 Zendesk Disputed Disputed FRE 401, 402, 11 Ticket #443834 re 801, 802, F “High five sasino 12 disabled in my region?” [HIGH5_151643 – 14 HIGH5_151644] 15 530 1/19/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #443979 re 801, 802, F 16 “Can’t login to your game” [HIGH5_151375] 2/11/2023 Zendesk Disputed Disputed FRE 401, 402, 19 Ticket #444847 re "I 801, 802, F am unable to login to 20 High 5 Casino" 21 [HIGH5_151369- HIGH5_151370] 4/16/2023 Zendesk Disputed Disputed FRE 401, 402, 23 Ticket #461283 re 801, 802, F “Washington state” [HIGH5_04010905] 25 533 4/17/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #461743 re 801, 802, F “game will not load on pc and phone” 1 [HIGH5_151491] 534 4/23/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #464993 re 801, 802, F 3 "Sign up" 4 [HIGH5_151223] 5/5/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #468828 re 801, 802, F 6 “Locked” [HIGH5_151272] 5/6/2023 Zendesk Disputed Disputed FRE 401, 402, 8 Ticket #469467 re 801, 802, F “Shut out” [HIGH5_151244] 5/27/2023 Zendesk Disputed Disputed FRE 401, 402, 11 Ticket #477784 re 801, 802, F “Your game states I 12 cannot play due to region” [HIGH5_151619] 6/7/2023 Zendesk Disputed Disputed FRE 401, 402, 15 Ticket #481345 re 801, 802, F “Purchasing” [HIGH5_151357 – 17 HIGH5_151369] 6/16/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #484255 re 801, 802, F 19 “Can’t play” [HIGH5_151255] 6/20/2023 Zendesk Disputed Disputed FRE 401, 402, 21 Ticket #485373 re 801, 802, F “GC an SC unavailable after I went into 23 Washington st.” [HIGH5_151647] 7/19/2023 High 5 Stipulated Disputed FRE 401, 402, 25 Games email to 801, 802, F [email protected] re "Wow 3 BILLON 1 Surprise Gift Coins For You!" [LARSEN_000236 – 3 LARSEN_000243] 542 7/25/2023 Responsible Disputed Disputed FRE 401, 402, Social Gameplay 801, 802, F 5 Policy 543 7/29/2023 Zendesk Disputed Disputed FRE 401, 402, Ticket #501440 re 801, 802, F 7 “Casino” [HIGH5_151603] 10/6/2023 Plaintiff's Stipulated Disputed FRE 401, 402 Objections and Responses to Defendant High 5 11 Games, LLC's First Set of Interrogatories to 12 Plaintiff Rick Larsen 13 545 2/9/2024 Declaration Stipulated Stipulated of Shawn Davis 2/16/2024 Stipulated Disputed FRE 401, 402 15 Supplemental Declaration of Shawn 16 Davis 17 547 2/22/2024 Zendesk Disputed Disputed FRE 401, 402, Ticket #593409 801, 802, F [HIGH5_151567] 19 548 4/19/2024 Plaintiff's Stipulated Disputed FRE 401, 402 Objections and Responses to 21 Defendant High 5 Entertainment LLC's 22 First set of Interrogatories to 23 Plaintiff Rick Larsen 24 549 5/7/2024 Defendant Stipulated Disputed FRE 401, 402, High 5 Entertainment 801, 802 25 LLC's Supplemental Responses to Plaintiff's First Set of Requests for Production 550 5/8/2024 Second Stipulated Disputed FRE 401, 402 Supplemental 2 Declaration of Shawn Davis IP Address Disputed Disputed FRE 401, 402, 4 Spreadsheet 801, 802, F 5 (HIGH5_03862058) 552 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862059) 553 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862060) IP Address Disputed Disputed FRE 401, 402, 11 Spreadsheet 801, 802, F (HIGH5_03862061) IP Address Disputed Disputed FRE 401, 402, 13 Spreadsheet 801, 802, F 14 (HIGH5_03862062) 15 556 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F 16 (HIGH5_03862063) 17 557 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862064) IP Address Disputed Disputed FRE 401, 402, 20 Spreadsheet 801, 802, F (HIGH5_03862065) IP Address Disputed Disputed FRE 401, 402, 22 Spreadsheet 801, 802, F 23 (HIGH5_03862066) IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F 25 (HIGH5_03862067) IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F 1 (HIGH5_03862068) 562 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862069) 563 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862070) IP Address Disputed Disputed FRE 401, 402, 7 Spreadsheet 801, 802, F (HIGH5_03862071) IP Address Disputed Disputed FRE 401, 402, 9 Spreadsheet 801, 802, F 10 (HIGH5_03862072) 11 566 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862073) 13 567 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862074) IP Address Disputed Disputed FRE 401, 402, 16 Spreadsheet 801, 802, F (HIGH5_03862075) IP Address Disputed Disputed FRE 401, 402, 18 Spreadsheet 801, 802, F 19 (HIGH5_03862076) 20 570 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862077) 22 571 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862078) IP Address Disputed Disputed FRE 401, 402, 25 Spreadsheet 801, 802, F (HIGH5_03862079) IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F 1 (HIGH5_03862080) 574 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862081) 575 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862082) IP Address Disputed Disputed FRE 401, 402, 7 Spreadsheet 801, 802, F (HIGH5_03862083) IP Address Disputed Disputed FRE 401, 402, 9 Spreadsheet 801, 802, F 10 (HIGH5_03862084) 11 578 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862085) 13 579 IP Address Disputed Disputed FRE 401, 402, Spreadsheet 801, 802, F (HIGH5_03862086) 5/24/2024 Expert Stipulated Stipulated 16 Report of Shawn Davis 5/24/2024 Shawn Stipulated Stipulated Davis CV 18 582 Sean Wilson User Disputed Disputed FRE 401, 402, Profile 801, 802, F [HIGH5_000001 – 20 HIGH5_000007] 21 583 Spreadsheet of Sean Disputed Disputed FRE 401, 402, Wilson's accessed 801, 802, F 22 lobby spins in High 5 Casino games [HIGH5_000014] Spreadsheet of Sean Disputed Disputed FRE 401M 25 Wilson's spins 402, 801, 802, F [HIGH5_000016] 585 Sean Wilson's Disputed Disputed FRE 401, 402, LinkedIn page 801, 802, F Rick Larsen Payment Stipulated Stipulated 3 History 4 [LARSEN_000003 – LARSEN_000233] High 5 Games LLC's Disputed Disputed FRE 401, 402, 6 Terms of Use 801, 802 [HIGH5_000029 – HIGH5_000034] 588 High 5 Casino website Stipulated Disputed FRE 401, 402 - Unable to Login [LARSEN_000001] Rick Larsen bank Stipulated Stipulated 11 statements - Payments made to Facebook [LARSEN_000234 – 13 LARSEN_000235] Rick Larsen User Stipulated Stipulated Profile 15 [HIGH5_151083 – HIGH5_151087] Rick Larsen High 5 Stipulated Stipulated as 17 Purchases as to PDF to PDF provided provided 18 [HIGH5_04016766] Rick Larsen Stipulated Stipulated Transaction History 20 (redacted version) [LARSEN 000285- LARSEN_000462] 22 593 Screenshot of High 5 Disputed Disputed FRE 401, 402, Casino player 801, 802, F registration page 24 showing Washington removed from drop 25 down menu [HIGH5_151213] 594 High 5 Casino Disputed Disputed FRE 401, 402, Screenshot F High 5 Vegas Disputed Disputed FRE 401, 402, 3 Screenshot F 596 Double Da Vinci Disputed Disputed FRE 401, 402, Diamonds Screenshot F High 5 Games' Game Disputed Disputed FRE 401, 402, 6 Library F Screenshot of Double Disputed Disputed FRE 401, 402, DaVinci Diamonds F 8 game in Demo Play Mode Screenshot of App in Disputed Disputed FRE 401, 402, 10 Demo Play F Screenshot of "Golden Disputed Disputed FRE 401, 402, Peony" game in F 12 "Demo Play" mode IP Data Spreadsheet Disputed Disputed FRE 401, 402, 602, 801, 802, 14 E, F, High 5's FAQ webpage Disputed Disputed FRE 401, 402, "How do I get free 801, 802, F 16 coins" High 5's FAQ webpage Disputed Disputed FRE 401, 402, "Daily Bonus" 801, 802, F 18 604 High 5's FAQ webpage Disputed Disputed FRE 401, 402, "Is there a reward for 801, 802, F playing every day?"

20 605 High 5's FAQ webpage Disputed Disputed FRE 401, 402, "Daily Wheel" 801, 802, F High 5's FAQ webpage Disputed Disputed FRE 401, 402, 22 "Can I play any of the 801, 802, F casinos for real money?"

24 607 Sean Wilson's Spin Disputed Disputed FRE 401, 402, History 403, 801, 802, F 608 Apple Billing Reports Disputed Disputed Illegible, FRE 401, 402, 801 2 [HIGH5_03245487 – 802 HIGH5_03245488] Amazon – Apple – Disputed Disputed FRE 401, 402, 4 Google – Facebook 801 802, F Earnings 2021 [HIGH5_03245489] 610 Amazon – Apple – Disputed Disputed FRE 401, 402, Google – Facebook 801 802, F Earnings 2022 8 [HIGH5_03245490] 611 Amazon – Apple – Disputed Disputed FRE 401, 402, Google – Facebook 801 802, F 10 Earnings 2023 11 [HIGH5_03245491] Revenue by Product Disputed Disputed FRE 401, 402, Type - Google 801 802, F 13 [HIGH5_03245492] 14 613 Meta Remittance Disputed Disputed FRE 401, 402, 403, 801, 802, [HIGH5_03245493] 15 F 16 614 4/2/2018 Retention Stipulated Disputed FRE 401, 402, Agreement between 403, 801, 802, 17 Sean Wilson and F Edelson PC 19 Statement as to Electronic Format 20 Defendant plans to present its exhibits in electronic format to the jurors.

21 The Parties’ Objection Code: E Exhibit is objectionable because it constitutes attempted expert testimony from a 23 person who was not designated as an expert (Fed. R. Civ. P. 26) 24 F Lack of foundation 25 MIL Subject of Motion in Limine In the Authenticity and Admissibility columns, indicate “Stipulated” or “Disputed”. If “Disputed”, identify the objection in the Objection column. An objection based on a Fed. R. Evid. should reference the rule number; additional objections should be referenced by a code that the parties include with the exhibit list. The “Admitted” column is for use by the Court. > (No party is required to list any exhibit which is listed by another party, or any exhibit to be used for impeachment only. See LCR 16 for further explanation of numbering of exhibits).

7 ACTION BY THE COURT (a) This case is scheduled for trial before a jury on February 3, 2025, at 9:00 a.m. ? (b) Trial briefs shall be submitted to the court on or before January 13, 2025.

10 (c) Jury instructions requested by either party shall be submitted to the court on or before i January 13, 2025. Suggested questions of either party to be asked of the jury by the court 12 on voir dire shall also be submitted to the court on or before January 13, 2024.

13 (d) (Insert any other ruling made by the court at or before pretrial conference.)

M4 This order has been approved by the parties as evidenced by the signatures of their 1S counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

20 Dated this 29th day of January, 2025.

Ce ae 23 United States District Judge