Akaosugi et al v. Benihana, Inc.

Filing 127

ORDER REQUESTING SUPPLEMENTAL BRIEFING [re 88 MOTION for Sanctions Due to Spoliation of Evidence and Self-Help Discovery by Plaintiff Hieu Nguyen, and Memorandum of Points and Authorities in Support Thereof filed by Benihana National Corp]. Please respond by noon on March 13, 2012. Signed by Judge William Alsup on 3/7/2012. (whasec, COURT STAFF) (Filed on 3/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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TETSUO AKAOSUGI, HIEU NGUYEN,
on behalf of themselves and all others
similarly situated,

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No. C 11-01272 WHA

Plaintiffs,
v.

ORDER REQUESTING
SUPPLEMENTAL BRIEFING

BENIHANA NATIONAL CORP.,
Defendant.
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Counsel for both parties should answer the following questions under oath:

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Plaintiffs’ counsel:

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1.

Was any information ever provided to plaintiffs’ counsel by Hieu

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Nguyen after such information was downloaded by him to a USB drive from

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defendant’s computer? If so, what?

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2.

Even if files were not turned over, did Nguyen provide

descriptions of the materials on that computer?
3.

Is Nguyen in possession of the original USB drive provided him

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by defendant?

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Defense counsel:

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1.

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What files, if any, were deleted by Hieu Nguyen from

defendant’s restaurant computer?

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2.

Is your complaint that files were surreptitiously copied and then

the copies were destroyed, or is it that the original files were deleted?
3.

Did Nguyen download any files that he was not authorized to

download?
Responses shall be due by NOON ON MARCH 13.

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IT IS SO ORDERED.

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Dated: March 7, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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