In re LDK Solar Securities Litigation

Filing 301

EIGHTH DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 9/16/2009. (bzsec, COURT STAFF) (Filed on 9/16/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This document relates to: ALL ACTIONS. IN RE LDK SOLAR SECURITIES LITIGATION, ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C07-5182 WHA (BZ) EIGHTH DISCOVERY ORDER Having performed an in camera review of the unredacted notebooks maintained by Dr. Yuepeng Wan, the Court concludes that all of the withheld portions of Dr. Wan's notebook were: a. b. Created by Dr. Wan in anticipation of litigation; and Do not reflect the mental impressions or conclusions of counsel, with the exception of the redacted text on the second page of the October 15, 2007 entry, which shall not be produced. IT IS THEREFORE ORDERED as follows: If defendant still seeks to protect the remaining redacted portions of Dr. Wan's notebook, by September 30, 2009, defendant shall file a brief of no more than 10 pages 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 addressing whether a document prepared by a party's representative in anticipation of litigation which does not contain or reflect any mental impressions or conclusions of counsel is discoverable under Rule 26(b)(3). Any opposition shall be filed by October 8, 2009 and shall be limited to 10 pages. Dated: September 16, 2009 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-REFS\LDK SOLAR SECURITIES LITIGATION\DISC ORD 8.BZ VERSION.wpd 2

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