Ingram Micro Inc et al v. LG Electronics Inc et al

Filing 76

STIPULATION AND ORDER (2045 in 3:10-md-02143-RS) re: Deadlines for Ingram Micro. Inc's and Synnex Corp.'s Final Production of Documents and Supplemental Responses to Interrogatories. Signed by Judge Richard Seeborg on 12/8/16. (cl, COURT STAFF) (Filed on 12/8/2016)

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JEFFREY L. KESSLER (admitted Pro Hac Vice)
Email: [e-mail]
A. PAUL VICTOR (admitted Pro Hac Vice)
Email: [e-mail]
DAVID L. GREENSPAN (admitted Pro Hac Vice)
Email: [e-mail]
GEORGE E. MASTORIS (admitted Pro Hac Vice)
Email: [e-mail]
WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Panasonic Corporation
and Panasonic Corporation of North America

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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IN RE OPTICAL DISK DRIVE
PRODUCTS ANTITRUST LITIGATION

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This document relates to:
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Ingram Micro Inc., et al.,
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Plaintiffs,
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v.
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LG Electronics, Inc., et al.,
Defendants.

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MDL Docket No. 3:10-md-02143-RS-JCS
Case No.: 3:13-cv-05372-RS-JCS
DEFENDANTS PANASONIC
CORPORATION’S AND PANASONIC
CORPORATION OF NORTH
AMERICA’S AND PLAINTIFFS
INGRAM MICRO INC.’S AND
SYNNEX CORP.’S STIPULATION TO
AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO.
INC’S AND SYNNEX CORP.’S FINAL
PRODUCTION OF DOCUMENTS
AND SUPPLEMENTAL RESPONSES
TO INTERROGATORIES
Hon. Richard Seeborg
Hon. Joseph C. Spero, Magistrate Judge

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MDL NO. 2143 DEFENDANTS PANASONIC CORP.’S AND PANASONIC CORP. OF NORTH AMERICA’S AND
PLAINTIFFS INGRAM MICRO INC.’S AND SYNNEX CORP.’S STIPULATION TO AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO INC.’S AND SYNNEX CORP.’S FINAL PRODUCTION OF DOCUMENTS AND
SUPPLEMENTAL RESPONSES TO INTERROGATORIES

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WHEREAS, Defendant Sony Corporation served Plaintiffs Ingram Micro Inc. (“Ingram”)

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and SYNNEX Corporation (“SYNNEX”) (collectively, “Plaintiffs”) with its first set of
interrogatories and requests for production (collectively, “Sony Requests”) on April 4, 2016;
WHEREAS, Plaintiffs and Defendant Sony Corporation agreed to search terms and

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custodians in response to the Sony Requests on or around August 11, 2016;
WHEREAS, following confirmation from SYNNEX that one of the custodians previously

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negotiated with Sony did not hold a relevant position during the Relevant Time Period, and none
had any responsibility for purchasing ODD Products during the Relevant Time Period, Defendants
Panasonic Corporation and Panasonic Corporation of North America (collectively, “Panasonic”)
requested three replacement document custodians from SYNNEX in response to the Sony Requests
on or around October 13, 2016;
WHEREAS, Panasonic served Plaintiffs with its first set of contention interrogatories (the

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“Interrogatories”) and requests for production (the “Requests”) on August 30, 2016;
WHEREAS, Plaintiffs served responses and objections to the Interrogatories on October 3,

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2016;
WHEREAS, Panasonic and Plaintiffs met and conferred to discuss Panasonic’s position that
Plaintiffs’ responses to the Interrogatories were not sufficient, and Plaintiffs agreed to provide
substantive answers by Friday, October 28, 2016;
WHEREAS, Plaintiffs requested a provisional extension for their responses to Interrogatory
Nos. 21, 22, and 23 to November 4, 2016, and Panasonic agreed to entertain a request for an
extension to November 4, 2016 upon good cause shown for any delay;
WHEREAS, Ingram served its supplemental responses to all Interrogatories on Friday,
October 28, 2016, and SYNNEX served its supplemental responses to Interrogatory Nos. 1 through
20 on October 28, 2016;
WHEREAS, SYNNEX served its supplemental responses to Interrogatory Nos. 21, 22, and
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MDL NO. 2143 DEFENDANTS PANASONIC CORP.’S AND PANASONIC CORP. OF NORTH AMERICA’S AND
PLAINTIFFS INGRAM MICRO INC.’S AND SYNNEX CORP.’S STIPULATION TO AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO INC.’S AND SYNNEX CORP.’S FINAL PRODUCTION OF DOCUMENTS AND
SUPPLEMENTAL RESPONSES TO INTERROGATORIES

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23 on November 11, 2016;
WHEREAS, Plaintiffs have agreed to provide further supplemental responses to the
Interrogatories;
WHEREAS, Panasonic and Plaintiffs agreed that Plaintiffs would respond to the Requests
(including the Sony Requests) through a rolling production of documents with a final production
deadline of November 4, 2016;
WHEREAS, SYNNEX’s production of documents from the files of one new document
custodian requested by Panasonic on or around October 13, 2016 was not complete as of November
18, 2016;
WHEREAS, Panasonic and Plaintiffs met and conferred on November 18, 2016 concerning
Plaintiffs’ supplemental interrogatory responses, document productions and depositions;
NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned
counsel for the parties, that:
1) By Wednesday, December 7, 2016, Plaintiffs will provide full and complete supplemental
Interrogatory responses, based on information currently available to Plaintiffs, including a
response to Interrogatory Nos. 1, 5, 6, 8, 10, 16, 21, and 22; and
a. With respect to Interrogatory No. 1, Plaintiffs will include a chart or list of any specific
meetings referenced in Paragraph 122 of Plaintiffs’ Amended Complaint (ECF No.
1298);
2) If Panasonic does not find those supplemental Interrogatory responses to be satisfactory, the
parties will have a final meet-and-confer, and, if necessary, will exchange initial motion to
compel inserts no later than Wednesday, December 21, 2016 with an exchange of final inserts
the following day; and
3) SYNNEX will conclude its final production to Panasonic of any documents for any and all
custodians with responsive documents to the Requests (including the Sony Requests) by
Friday, December 2, 2016.
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MDL NO. 2143 DEFENDANTS PANASONIC CORP.’S AND PANASONIC CORP. OF NORTH AMERICA’S AND
PLAINTIFFS INGRAM MICRO INC.’S AND SYNNEX CORP.’S STIPULATION TO AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO INC.’S AND SYNNEX CORP.’S FINAL PRODUCTION OF DOCUMENTS AND
SUPPLEMENTAL RESPONSES TO INTERROGATORIES

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4) In the event that the parties are unable to confirm deposition dates for Plaintiffs’ and
Panasonic’s fact and 30(b)(6) witnesses prior to the close of fact discovery on December 9,
2016, the parties agree that depositions of Ingram Micro and SYNNEX requested by
Panasonic or other Defendants, and the fact and 30(b)(6) depositions of Panasonic requested
by Ingram Micro and SYNNEX, will occur following the close of fact discovery at times
mutually agreed to by the parties.

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DATED: November 23, 2016

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By: /s/ Jeffrey L. Kessler
JEFFREY L. KESSLER (admitted pro hac vice)
Email: [e-mail]
A. PAUL VICTOR (admitted pro hac vice)
Email: [e-mail]
DAVID L. GREENSPAN (admitted pro hac vice)
Email: [e-mail]
GEORGE E. MASTORIS (admitted pro hac vice)
Email: [e-mail]
WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANTS PANASONIC
CORPORATION AND PANASONIC
CORPORATION OF NORTH AMERICA

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By: /s/ Daniel A. Sasse
Daniel A. Sasse (CSB No. 236234)
[e-mail]
CROWELL & MORING LLP
3 Park Plaza, 20th Floor
Irvine, CA 92614-8505
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs Ingram Micro Inc. and Synnex
Corporation
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MDL NO. 2143 DEFENDANTS PANASONIC CORP.’S AND PANASONIC CORP. OF NORTH AMERICA’S AND
PLAINTIFFS INGRAM MICRO INC.’S AND SYNNEX CORP.’S STIPULATION TO AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO INC.’S AND SYNNEX CORP.’S FINAL PRODUCTION OF DOCUMENTS AND
SUPPLEMENTAL RESPONSES TO INTERROGATORIES

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IT IS SO ORDERED.

Dated: ________________________
12/8/16

______________________________
Hon. Richard Seeborg
United States District Judge

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MDL NO. 2143 DEFENDANTS PANASONIC CORP.’S AND PANASONIC CORP. OF NORTH AMERICA’S AND
PLAINTIFFS INGRAM MICRO INC.’S AND SYNNEX CORP.’S STIPULATION TO AND [PROPOSED] ORDER FOR
DEADLINES FOR INGRAM MICRO INC.’S AND SYNNEX CORP.’S FINAL PRODUCTION OF DOCUMENTS AND
SUPPLEMENTAL RESPONSES TO INTERROGATORIES