The State of California by its Attorney General Bill Lockyer and the City and County of San Francisco Ex Rel Dennis J. Herrera and the Los Angeles Unified School District on Behalf of all other Politi et al v. Infineon Technologies AG et al

Filing 468

ORDER Granting re (467 in 3:06-cv-04333-PJH) Joint Stipulation To Extend Time to Answer Interrogatories filed by The State of Rhode Island by Patrick C. Lynch in his Capacity as Attorney General. Signed by Judge Joseph C. Spero on 10/2/08. (fj, COURT STAFF) (Filed on 10/2/2008)

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Attorney for Plaintiff STATE OF RHODE ISLAND EDMUND F. MURRAY, JR. (S.B. #3096) [e-mail] RHODE ISLAND DEPARTMENT OF ATTORNEY GENERAL 150 South Main Street Providence, RI 02903 Telephone: [phone] ext. 2401 Facsimile: [phone] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THE STATE OF CALIFORNIA et al.,

Case No.: C 06-4333 PJH Related to MDL No. 1486 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER INTERROGATORIES

Plaintiffs,

v. INFINEON TECHNOLOGIES AG et al., Defendants.

Now comes the State of Rhode Island, by and through the Attorney General, and Defendants Hynix Semiconductor, Inc. and Hynix Semiconductor America, Inc. and hereby agree to stipulate to an extension of time in which the State of Rhode Island shall provide answers to Defendant Hynix's interrogatories. Pursuant to a previous order of this court, Rhode Island's answers, as well as other states' answers, are due on October 7, 2008. After discussions with Steven Bergman, Hynix' counsel, Hynix has no objection to this Court granting Rhode Island an extension until November 7, 2008 in which to answer Hynix' interrogatories. As a basis for said Stipulation Rhode Island states the following:

_______________________________________________ State of California, et al., vs. Infineon Technologies, AG Case No. C06-4333 PJH

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1.

The information requested in Hynix' interrogatories relates to a period (19982002) when the State had changed from Rhode Island Financial and Accounting System (RIFANS) to Rhode Island State Automated Information Link (RISAIL);

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Many, if not all, of the State employees who were previously working in the Division of Purchasing, IT and/or Accounts and Control are either no longer employed by the State or are employed in different State departments; Providing the requested information is time consuming in that the answers require a determination of what relevant DRAM was in equipment that was purchased by the Department of Administration and other state agencies; Retrieving the information requested for purchases prior to RISAIL (i.e. prior to 2002) is labor intensive in that the information is contained in purchase orders, invoices and statements. These documents are not segregated in any meaningful way with respect to the issues in this case. Therefore, personnel must read each document in order to determine if it relates to the purchase of a product containing DRAM. This is the most time consuming aspect of the State's search and retrieval of relevant information. The State of Rhode Island is attempting to eliminate a five hundred million dollar ($500,000,000) budget deficit. In doing so, many State employees (approximately 9%) will have left State service by October 1, 2008. This makes finding additional personnel who are available to review documents impossible.

WHEREFORE, the State of Rhode Island and Defendants Hynix Semiconductor Inc. and Hynix Semiconductor America, Inc. agree and stipulate that the state of Rhode Island shall have an Extension until November 7, 2008 to Answer Defendant Hynix' Interrogatories.

DATED: October 2, 2008

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State of California, et al., vs. Infineon Technologies, AG Case No. C06-4333 PJH

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Respectfully Submitted, State of Rhode Island, By Its Attorney, PATRICK C. LYNCH ATTORNEY GENERAL O'MELVENY & MYERS LLP KENNETH R. O'ROURKE MICHAEL F. TUBACH STEVEN H. BERGMAN JANE Y. CHANG

By: /Edmund F. Murray, Jr./______ Edmund F. Murray, Jr. (#3096) Special Assistant Attorney General Pro Hac Vice Rhode Island Department of Attorney General 150 South Main Street Providence, RI 02903-2907 Tel: [phone] x 2401 Fax: [phone] [e-mail]

By:

/Steven H. Bergman/ Steven H. Bergman

Attorneys for Defendants HYNIX SEMICONDUCTOR INC. and HYNIX SEMICONDUCTOR AMERICA INC and with respect to this Stipulation only.

ORDER THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

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DATED:

October 2, 2008

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State of California, et al., vs. Infineon Technologies, AG Case No. C06-4333 PJH

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