Microsystems Development Technologies, Inc. v. Panasonic Corporation et al

Filing 215

STIPULATION AND ORDER. Signed by Judge James Donato on 9/19/2016. (jdlc3S, COURT STAFF) (Filed on 9/19/2016)

Download PDF
1 [Counsel for Stipulating Parties Listed on Signature Pages] 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 In re Resistors Antitrust Litigation 16 ______________________________________ 17 This Document Relates To: 18 Case No. 3:15-cv-03820-JD STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY ALL ACTIONS 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 The parties through their respective counsel of record stipulate to the following regarding the 2 scope of expert discovery in the above-captioned matters and all other matters subsequently 3 consolidated with them (collectively, the “Actions”), subject to approval by the Court as required by 4 the Standing Order for Discovery in Civil Cases before Judge Donato. 5 1. This Stipulation and Order Concerning Expert Discovery (“Stipulation”) does not set 6 or alter the time for any disclosure required by Federal Rule of Civil Procedure 26(a)(2)(B) or the 7 timing of any deposition of any testifying expert. The parties contemplate that they will later submit 8 a stipulation addressing these matters for approval by the Court or the Court will establish a 9 timetable for disclosures and depositions. 10 2. To the extent that this Stipulation imposes limitations on discovery that would 11 otherwise be available under the Federal Rules of Civil Procedure or this Court’s standing orders, the 12 parties have agreed to those limitations to increase the efficiency of their dealings with testifying 13 experts and to minimize discovery disputes regarding testifying experts. Neither the terms of this 14 Stipulation nor the parties’ agreement to them shall be considered an admission by any person that 15 any of the information restricted from discovery by this Stipulation would otherwise be discoverable 16 or admissible. 17 18 19 3. For purposes of the Actions, Rule 26(a)(2)(B)(ii) is modified to read: “the facts, data and other information relied on by the witness in forming them.” 4. Except as provided in paragraphs 6 and 7 below, the following types of information 20 shall not be the subject of any form of discovery and the parties shall not be obligated to preserve 21 such information in any form or include such information on any privilege log: 22 23 a. The content of communications among and between: i. 24 25 firms; ii. 28 counsel and any non-testifying expert consultant and/or the consultant’s staff; 26 27 counsel and the expert and/or the expert’s staff and/or supporting iii. the expert and other experts and/or other non-testifying expert consultants; 1 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 iv. experts and their staff and/or supporting firms; 2 v. non-testifying expert consultants and their staffs; 3 vi. the respective staffs and/or supporting firms of experts or non- 4 testifying expert consultants and the staffs and/or supporting firms of 5 other experts or non-testifying expert consultants. 6 b. Notes, drafts, written communications, preliminary or intermediate 7 calculations, computations or other data runs, or other types of preliminary work created by, for, or 8 at the direction of a testifying expert. 9 5. No party or their experts are obligated to preserve or produce budgets, invoices, bills, 10 receipts or time records concerning testifying or non-testifying expert witnesses or consultants, their 11 staff, assistants, colleagues, or associates, or their companies or organizations. 12 6. The limitations contained in paragraphs 4 and 5 above shall not apply to any 13 communications, documents, data sets, data runs, calculations, computations or other forms of 14 information or work upon which a testifying expert relies as a basis for any of his or her opinions or 15 reports. 16 7. Notwithstanding the limitations contained in paragraphs 4 and 5 above, an expert may 17 be asked: (a) to identify and generally describe investigations or modeling (including any regression 18 analyses) that the expert attempted but rejected, (b) to describe the reasons for rejecting any such 19 investigations or modeling, (c) to respond to reasonable questions regarding the hourly rates of the 20 expert and his or her staff, the amount of time an expert or that expert’s staff has spent on the 21 expert’s report and associated work, and the amount of money billed for the report and associated 22 work. 23 8. Within three business days of any party serving any expert report and/or expert 24 declaration pursuant to Fed. R. Civ. P. 26(a)(2)(B) or otherwise, the party or parties proffering the 25 expert witness shall produce: the data or other information relied upon by the expert witness in 26 forming the expert witness’s opinions; any exhibits that will be used to summarize or support the 27 expert witness’s opinions; any work product (including but not limited to, analyses, spreadsheets, 28 graphs, and charts) relied upon by the expert witness that is based on the output from any computer 2 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 programs that are produced; the expert witness’s qualifications, including a list of all publications 2 authored in the previous 10 years; a list of all other cases in which, during the previous four years, 3 the expert witness has testified as an expert at trial or by deposition; and a statement of the hourly 4 rate to be paid for the expert witness’s time in the case. “Data or other information relied upon” 5 shall be deemed to include, but will not be limited to, underlying data, spreadsheets, computerized 6 regression analysis and/or other underlying reports and schedules sufficient to reconstruct the work, 7 calculations, and/or analyses upon which the expert witness is relying for his or her opinions. 8 9. The information required by paragraph 8 above to be produced shall be produced 9 electronically (via email, disc or FTP site) where feasible. Data, statistical analyses, or other 10 information (including any calculation or exhibit) upon which an expert relies for any of his or her 11 opinion(s) in this matter shall be provided in machine readable format, including any data that has 12 been cleaned, reformatted, or modified in any way from the form in which it may have been 13 provided to the expert. All other documents, data, and other information relied upon shall be 14 provided in a format as agreed to by the parties, along with any software and instructions required to 15 read them, but no party need produce computer software that is reasonably and commercially 16 available (e.g., Microsoft Word, Excel). Documents that are publicly available need not be produced 17 absent specific request if they are identified with sufficient specificity to allow the opposing side to 18 locate and obtain the document. Documents that have previously been produced during discovery 19 need not be produced if they are identified by Bates number. 20 10. Paragraph 8 above is not intended to limit the ability of any party to prepare and use 21 demonstrative exhibits, including demonstrative exhibits that may relate to an expert’s testimony, 22 during the course of any hearing or trial. The admissibility of any such demonstrative exhibits shall 23 be subject to the Federal Rules of Evidence, the Rules of Civil Procedure, and this Court’s Local 24 Rules, unless otherwise provided by order of the Court. 25 11. No subpoenas (for depositions or documents) need be served on any testifying expert 26 from whom a report or declaration is provided. Instead, the party proffering such expert will (a) be 27 responsible for producing all materials and information relied on by the expert, and (b) make the 28 expert available for deposition at a time mutually agreed to by the parties and consistent with the 3 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 Court’s scheduling orders. Nothing in this Stipulation shall permit a party or a testifying expert to 2 withhold any proposition, fact, belief or other data, information or material on which the expert 3 relies in support of her or his opinion(s) in this matter. 4 5 12. The parties agree to comply with this Stipulation pending the Court’s approval. DATED: September 19, 2016 6 HAGENS BERMAN SOBOL SHAPIRO LLP COHEN MILSTEIN SELLERS & TOLL PLLC By By 7 8 9 10 11 12 13 14 15 16 17 18 19 20 /s/ Jeff D. Friedman JEFF D. FRIEDMAN Shana E. Scarlett (217895) Benjamin Siegel (256260) 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 jefff@hbsslaw.com shanas@hbsslaw.com bens@hbsslaw.com Steve W. Berman (pro hac vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com /s/ Kit A. Pierson KIT A. PIERSON Daniel A. Small (pro hac vice) Emmy L. Levens (pro hac vice) Robert H. Braun (pro hac vice) Laura Alexander (255485) 1100 New York Ave. NW, Suite 500, West Tower Washington, DC 20005 Telephone: (202) 408-4600 kpierson@cohenmilstein.com dsmall@cohenmilstein.com elevens@cohenmilstein.com rbraun@cohenmilstein.com lalexander@cohenmilstein.com Co-Lead Counsel for Direct Purchaser Plaintiffs 21 Co-Lead Counsel for Direct Purchaser Plaintiffs 22 CROWELL & MORING LLP WINSTON & STRAWN LLP 23 By By 24 25 26 27 28 /s/ Jason C. Murray JASON C. MURRAY Emily Tomoko Kuwahara Robert B. McNary Jordan Lee Ludwig 515 South Flower Street , 40th Floor Los Angeles, CA 90071 Telephone: (213) 622-4750 /s/ Jeffrey L. Kessler JEFFREY L. KESSLER Jeffrey L. Kessler Eva W. Cole Erica C. Smilevski WINSTON & STRAWN LLP 200 Park Avenue New York, NY 10166 4 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 2 3 Facsimile: (213) 622-2690 jmurray@crowell.com ekuwahara@crowell.com rmcnary@crowell.com jludwig@crowell.com Telephone: (212) 294-4698 Facsimile: (212) 294-4700 jkessler@winston.com ewcole@winston.com esmilevski@winston.com Katie Michelle Yablonka CROWELL & MORING LLP 275 Battery St., 23rd Floor San Francisco, CA 94111 Telephone: (415) 365-7250 kyablonka@crowell.com Ian L. Papendick WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111 Telephone: (415) 591-6905 Facsimile: (415) 591-1400 ipapendick@winston.com 4 5 6 7 8 9 Counsel for KOA Corp. and KOA Speer Electronics, Inc. 10 11 12 13 Counsel for Panasonic Corp. and Panasonic Corp. of North America 14 15 Brandon W Duke WINSTON & STRAWN LLP 1111 Louisiana Street 25th Floor Houston, TX 77002 Telephone: (713) 651-2636 bduke@winston.com O’MELVENY & MYERS LLP COTCHETT, PITRE & MCCARTHY LLP By By 16 17 18 19 20 21 22 23 24 25 26 27 /s/ Michael F. Tubach MICHAEL F.TUBACH Two Embarcadero Center , 28th Floor San Francisco, CA 94111-3305 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 mtubach@omm.com Kenneth Ryan O’Rourke O’MELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 korourke@omm.com Counsel for Rohm Co. Ltd. and Rohm Semiconductor U.S.A., LLC /s/ Steven N. Williams STEVEN N. WILLIAMS Joseph W. Cotchett Adam John Zapala Demetrius Xavier Lambrinos Joyce Chang Elizabeth Tran 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-6340 jcotchett@cpmlegal.com swilliams@cpmlegal.com azapala@cpmlegal.com dlambrinos@cpmlegal.com jchang@cpmlegal.com etran@cpmlegal.com Counsel for Indirect Purchaser Plaintiffs 28 5 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820 1 BARNES & THORNBURG LLP LATHAM & WATKINS LLP 2 By By 3 4 5 6 7 8 /s/ Kendall Millard KENDALL MILLARD Todd A. Dixon Bradley R. Love 11 South Meridian Street Indianapolis, IN 46204-3535 Telephone: (317) 236-1313 Facsimile: (317) 231-7433 kendall.millard@btlaw.com tdixon@btlaw.com blove@btlaw.com /s/ Ashley M. Bauer ASHLEY M. BAUER Belinda S Lee 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 Telephone: (415) 395-8138 belinda.lee@lw.com ashley.bauer@lw.com Counsel for Kamaya, Inc. and Kamaya Electric Co., Ltd. 9 10 11 12 13 14 15 16 Roya Rahmanpour BARNES & THORNBURG LLP 2029 Century Park East, Suite 300 Los Angeles, CA 90067 Telephone: (310) 284-3892 Facsimile: (310) 284-3894 roya.rahmanpour@btlaw.com Counsel for Hokuriku Electric Industry Co. and HDK America, Inc. E-FILING ATTESTATION 17 JEFF D. FRIEDMAN 22 *** PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 a to es Don d ge J a m Ju HONORABLE JAMES DONATO ER United States District Court Judge C NO September 19, 2016 DATED: ________________________ H LI RT 25 VED APPRO 26 A 23 UNIT ED 21 RT U O S DISTRICT TE C /s/ Jeff D. Friedman TA identified above has concurred in this filing. S 20 document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that each of the signatories R NIA 19 I, Jeff D. Friedman, am the ECF User whose ID and password are being used to file this N 27 FO 18 F D IS T IC T O R 28 6 STIPULATION AND [PROPOSED] ORDER CONCERNING EXPERT DISCOVERY CASE NO. 3:15-CV-03820

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?