Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PRESERVATION OF APPELLATE RIGHTS AND INITIAL DISCLOSURES SAMUEL CONTI, District Judge. Plaintiffs Tech Data Corporation and Tech Data Product Management, Inc., (collectively, "Tech Data"); Plaintiffs Dell Inc. and Dell Products L. P. (collectively, "Dell" and together with Tech Data the "Stipulating Plaintiffs"); and Defendants Mitsubishi Electric Corporation, Mitsubishi Electric Visual Solutions America (f/k/a Mitsubishi Digital Electroni
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PRESERVATION OF APPELLATE RIGHTS AND INITIAL DISCLOSURES SAMUEL CONTI, District Judge. Plaintiffs Tech Data Corporation and Tech Data Product Management, Inc., (collectively, "Tech Data"); Plaintiffs Dell Inc. and Dell Products L. P. (collectively, "Dell" and together with Tech Data the "Stipulating Plaintiffs"); and Defendants Mitsubishi Electric Corporation, Mitsubishi Electric Visual Solutions America (f/k/a Mitsubishi Digital Electronic..
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PRESERVATION OF APPELLATE RIGHTS AND INITIAL DISCLOSURES
SAMUEL CONTI, District Judge.
Plaintiffs Tech Data Corporation and Tech Data Product Management, Inc., (collectively, "Tech Data"); Plaintiffs Dell Inc. and Dell Products L. P. (collectively, "Dell" and together with Tech Data the "Stipulating Plaintiffs"); and Defendants Mitsubishi Electric Corporation, Mitsubishi Electric Visual Solutions America (f/k/a Mitsubishi Digital Electronics, America, Inc.). and Mitsubishi Electric US, Inc. (f/k/a Mitsubishi Electric & Electronics, USA, Inc.) (collectively, "Mitsubishi Electric") hereby stipulate as follows:
WHEREAS, on September 9, 2013, Tech Data filed its First Amended Complaint;
WHEREAS, Tech Data's First Amended Complaint purports to bring Sherman Act, Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), California Cartwright Act, and California Unfair Competition claims against Mitsubishi Electric;
WHEREAS, on June 10, 2013, Dell filed its First Amended Complaint;
WHEREAS, on December 30, 2013, Mitsubishi Electric moved to dismiss other Direct Action Plaintiffs' ("DAPs") Complaints (Dkt. 2299);
WHEREAS, on October 7, 2013, the Defendants other than Mitsubishi Electric and Thomson Consumer Electronics, Inc. and Thomson SA, filed a Joint Notice of Motion and Motion to Dismiss Certain Direct Action Plaintiffs' Claims and Memorandum of Law in Support (Dkt [1922] ("Defendants' Joint Motion to Dismiss");
WHEREAS, on March 13, 2014 the Court issued Orders granting in part and denying in part Mitsubishi Electric's Motion to Dismiss the DAPs' Complaints or First Amended Complaints, dismissing certain state law claims, including FDUTPA, California Cartwright Act, and California Unfair Competition claims, but denying the Mitsubishi Electric's motion based on laches and the statute of limitations with respect to the federal claims (Dkt. 2439) and granting in part and denying in part Defendants' Joint Motion to Dismiss, which dismissed Tech Data's FDUTPA, California Cartwright Act, and California Unfair Competition claims (Dkt. 2433); and
WHEREAS, Mitsubishi Electric, Tech Data and Dell seek to avoid the cost and burden of service, and seek to avoid needlessly expending this Court's resources litigating issues already decided by this Court;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between counsel for the Stipulating Plaintiffs and Mitsubishi Electric as follows:
1. This Court's March 13, 2014 Orders shall apply to Tech Data's and Dell's First Amended Complaints as if Mitsubishi Electric's December 20, 2013 Motion to Dismiss was filed concerning the Complaints filed by Tech Data and Dell and as if Mitsubishi joined in the Defendants' Joint Motion to Dismiss in the first instance; in particular:
a. The Court's ruling on Mitsubishi Electric's laches and statute of limitations arguments shall apply to the complaints filed by Tech Data and Dell, and are fully preserved as to those complaints and need not be re-raised in order to present them on appeal;
b. The Court's March 13, 2014 Orders regarding the timeliness of other DAPs and Tech Data's state law claims shall apply to Tech Data's FDUTPA, California Cartwright Act, and California Unfair Competition claims against Mitsubishi Electric, and such claims are hereby stricken;
c. Tech Data may raise on appeal any statute of limitations arguments raised by Tech Data or any other DAP in connection with the March 13, 2014 Orders and such arguments need not be raised anew by Tech Data in order to preserve them.
2. Mitsubishi Electric, Dell and Tech Data shall exchange 26(a)(1) disclosures on May 30, 2014. To the extent that Dell and Tech Data contend that they have produced discovery that satisfies their disclosure obligations, Dell and Tech Data shall each provide a letter that (1) attaches the discovery that meets the disclosure obligations, (2) specifically identifies the 26(a)(1) disclosures satisfied by the attached discovery, and (3) cites to the specific portions of the attached discovery for each category of 26(a)(1) disclosures.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
