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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 TETSUO AKAOSUGI, HIEU NGUYEN, on behalf of themselves and all others similarly situated, 12 13 14 15 No. C 11-01272 WHA Plaintiffs, v. ORDER REQUESTING SUPPLEMENTAL BRIEFING BENIHANA NATIONAL CORP., Defendant. / 16 17 Counsel for both parties should answer the following questions under oath: 18 Plaintiffs’ counsel: 19 1. Was any information ever provided to plaintiffs’ counsel by Hieu 20 Nguyen after such information was downloaded by him to a USB drive from 21 defendant’s computer? If so, what? 22 23 24 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 25 by defendant? 26 Defense counsel: 27 1. 28 What files, if any, were deleted by Hieu Nguyen from defendant’s restaurant computer? 1 2 3 4 5 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. 6 7 IT IS SO ORDERED. 8 9 Dated: March 7, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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