Allagas et al v. BP Solar International, Inc. et al

Filing 128

ORDER directing Defendant to either produce information or file a letter by October 22, 2015 by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL ALLAGAS, et al.,

Case No. 14-cv-00560-SI (EDL)

Plaintiffs,
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v.

ORDER

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BP SOLAR INTERNATIONAL, INC., et
al.,

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Re: Dkt. No. 126

Defendants.

United States District Court
Northern District of California

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In response to this Court’s September 16, 2015 order and Plaintiffs’ September 30, 2015

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letter, on October 1, 2015, Defendant BP offered to produce a random sample of 1,000 warranty

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claims for panels produced at its factories in Madrid and Bangalore. On October 9, 2015,

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Plaintiffs filed a letter indicating that they are “open to accepting a sample, but need some

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summary level information to evaluate the adequacy of the sample size, and to be able to draw

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inferences from the sample.” It appears that at least some of the summary level information

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Plaintiffs seek, such as the total number of claims from which the sample will be drawn and the

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number of panels associated with those claims, would be useful in assessing the merits of

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Defendant’s sampling proposal. It is unclear whether breaking that information down by

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manufacturing site and year would be unduly burdensome compared to its value. Accordingly,

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Defendant is ordered to either produce the requested information or file a letter of no more than
four pages by October 22, 2015 explaining why the production of this information would be
disproportionate.
IT IS SO ORDERED.
Dated: October 19, 2015

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________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge