Brazil et al v. Dell Inc.

Filing 103

ORDER 100 Regarding Discovery. Signed by Judge Ronald M. Whyte on 10/14/08. (jg, COURT STAFF) (Filed on 10/14/2008)

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Michael W. Sobol (State Bar No. 194857) Roger N. Heller (State Bar No. 215348) Allison S. Elgart (State Bar No. 241901) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Rachel J. Geman (NY Bar No. RG 0998) (Pro Hac Vice) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 780 Third Avenue, 48th Floor New York, NY 10017-2024 Telephone: [phone] Facsimile: [phone] Daniel M. Hattis (State Bar No. 232141) Angelo Salvatore Parise (State Bar No. 165690) LAW OFFICES OF ANGELO SALVATORE PARISE 16870 West Bernardo Drive, Suite 400 San Diego, CA 92127 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

*E-FILED - 10/14/08*

CHAD BRAZIL and STEVEN SEICK, individually and on behalf of all others similarly situated, Plaintiffs, v. DELL INC. and Does 1-10, Defendant.

Case No. C-07-01700 RMW [] ORDER REGARDING DISCOVERY

783868.1

[] ORDER REGARDING DISCOVERY Case No. C-07-01700 RMW

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ORDER On September 26, 2008, this matter came to be heard upon a Status Conference at which counsel for all parties appeared. After the Status Conference, the parties submitted a Stipulation Regarding Discovery. After consideration thereof, it is hereby ORDERED as follows: 1. Pending the Court's ruling on Defendant Dell Inc.'s Motion for Order

Dismissing Plaintiffs' Second Amended Complaint ["SAC"] With Prejudice and Striking Plaintiffs' Class Allegations ("Motion to Dismiss SAC"), discovery shall be limited to: a. relevant marketing documents and general marketing guidelines for

the product models Plaintiffs purchased, which shall expressly include documents concerning Defendant's general marketing policies relevant to the price-discounting practices alleged in the SAC, including without limitation, Defendant's references to list prices, mail-in rebates, and offers of free products and services; and b. the deposition of Defendant pursuant to Fed. R. Civ. P. 30(b)(6) on

the subjects of: (i) the definitions and meanings of the terminology, acronyms, and abbreviations contained in the documents produced in the litigation, as they relate to Defendant's marketing of its products and services at issue in the SAC; and (ii) the identity of documents comprising or evidencing Defendant's general marketing policies or guidelines relevant to the price-discounting practices alleged in the SAC, including without limitation, Defendant's references to list prices, mail-in rebates, and offers of free products and services. 2. Subsequent to the Court's Ruling on the Motion to Dismiss the SAC,

discovery shall proceed as follows: a. In the event the Court's ruling on the Motion to Dismiss the SAC

leaves Plaintiffs with one or more of putative class claims, or at such time as the Court rules that Plaintiffs may go forward with one or more of their putative class claims, then discovery will be opened at that time with respect to all such claim(s), subject to the parameters of Fed. R. Civ. P. 26.

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[] ORDER REGARDING DISCOVERY Case No. C-07-01700 RMW

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b.

If the Court strikes the class definition or takes any other action that

leaves Plaintiffs without a putative class claim, the parties shall meet and confer regarding the proper scope of discovery and, to the extent they cannot reach an agreement, jointly request a further case management conference seeking the Court's guidance with regard to the proper scope of discovery. 3. The parties shall continue to, in good faith, focus discovery prior to the

filing of the class certification motion on issues related to class certification. IT IS SO ORDERED.

10 Dated: October __, 2008

Hon. Ronald M. Whyte United States District Judge

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[] ORDER REGARDING DISCOVERY Case No. C-07-01700 RMW