Filed: Oct. 22, 2014
Latest Update: Oct. 22, 2014
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE MOTION TO COMPEL TOSHIBA TO RESPOND TO DIRECT ACTION PLAINTIFFS AND INDIRECT PURCHASER PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION SAMUEL CONTI, District Judge. This Stipulation and Proposed Order Extending the Deadline to File Motion to Compel Toshiba to Respond to Direct Action Plaintiffs and Indirect Purchaser Plaintiffs' First Set of Requests for Admission between the Direct Action Plaintiffs in the cases listed abov
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE MOTION TO COMPEL TOSHIBA TO RESPOND TO DIRECT ACTION PLAINTIFFS AND INDIRECT PURCHASER PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION SAMUEL CONTI, District Judge. This Stipulation and Proposed Order Extending the Deadline to File Motion to Compel Toshiba to Respond to Direct Action Plaintiffs and Indirect Purchaser Plaintiffs' First Set of Requests for Admission between the Direct Action Plaintiffs in the cases listed above..
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE MOTION TO COMPEL TOSHIBA TO RESPOND TO DIRECT ACTION PLAINTIFFS AND INDIRECT PURCHASER PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION
SAMUEL CONTI, District Judge.
This Stipulation and Proposed Order Extending the Deadline to File Motion to Compel Toshiba to Respond to Direct Action Plaintiffs and Indirect Purchaser Plaintiffs' First Set of Requests for Admission between the Direct Action Plaintiffs in the cases listed above and Indirect Purchaser Class (collectively "Plaintiffs"), on the one hand, and defendants Toshiba Corporation; Toshiba America, Inc.; Toshiba America Consumer Products, L.L.C.; Toshiba America Electronic Components, Inc.; Toshiba America Information Systems, Inc. (collectively, the "Toshiba Defendants"), on the other hand, is made with respect to the following facts and recitals:
WHEREAS, on March 21, 2014, the Court entered a scheduling order setting the close of fact discovery for September 5, 2014. See Dkt. No. 2459;
WHEREAS, the deadline to file any motion to compel after the discovery cut-off was September 12, 2014 (L.R. 37-3);
WHEREAS, on August 1, 2014, the Plaintiffs served their First Set of Requests for Admission on the Toshiba Defendants;
WHEREAS, on September 5, 2014, Toshiba served its Responses to Plaintiffs' First Set of Requests for Admission and stated objections on various grounds;
WHEREAS, counsel for the undersigned parties have held multiple telephonic meet and confers to discuss purported deficiencies in the Toshiba Defendants' responses identified by Plaintiffs and have a bona fide intent to continue doing so;
WHEREAS, the Plaintiffs and the Toshiba Defendants have conferred by and through their counsel and, subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS:
1. The Plaintiffs will provide the Toshiba Defendants with a list of 94 documents produced by the Toshiba Defendants in this litigation by October 10, 2014.
2. The Toshiba Defendants will provide the Plaintiffs with a list of 94 documents produced by the Plaintiffs in this litigation by October 10, 2014.
3. The Toshiba Defendants will review the list provided by Plaintiffs and inform the Plaintiffs by October 17, 2014 whether they will stipulate that any such documents are authentic and, separately, that any such documents are business records within the meaning of Rule 803(6) of the Federal Rules of Evidence.
4. Plaintiffs will review the list of documents provided by the Toshiba Defendants and inform the Toshiba Defendants by October 17, 2014 whether they will stipulate that any such documents are authentic and, separately, that any such documents are business records within the meaning of Rule 803(6) of the Federal Rules of Evidence.
5. The undersigned parties agree to extend the deadline for the Plaintiffs to file a motion to compel relating to the Plaintiffs' First Set of Requests for Admission, to the extent one is deemed necessary by Plaintiffs, to October 24, 2014. The Toshiba Defendants reserve all of their rights in responding to any such motion, including withdrawing any agreement or response they have made with respect to the list of 94 documents provided by the Plaintiffs.
6. No response by the Toshiba Defendants to the Plaintiffs' list of 94 documents shall be deemed a response to any of the requests in the Plaintiffs' First Set of Requests for Admission.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
