Mendez -v- Intel Corporation

Filing 76

STIPULATION AND ORDER re 75 Production of Documents. Signed by Judge Patricia V. Trumbull on 4/15/10. (pvtlc1) (Filed on 4/15/2010)

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RAOUL D. KENNEDY (CA Bar No. 40892) JAMES P. SCHAEFER (CA Bar No. 250417) JOAN E. SHREFFLER (CA Bar No. 245629) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Four Embarcadero Center, Suite 3800 San Francisco, California 94111-4144 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail] JOSEPH E. MAIS (CA Bar No. 103756) ANTHONY L. MARKS (AZ Bar No. 012258) TIMOTHY J. FRANKS (CA Bar No. 197645) DAN L. BAGATELL (CA Bar No. 218879) PERKINS COIE BROWN & BAIN P.A. 2901 North Central Avenue Post Office Box 400 Phoenix, AZ 85001-0400 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail]; [e-mail] PHILIP A. LEIDER (CA Bar No. 229751) PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, California 94111-4131 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant INTEL CORPORATION UNITED STATES DISTRICT COURT

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STIPULATION AND ORDER
20336-1273/LEGAL17373013.4

IN RE INTEL LAPTOP BATTERY LITIGATION

CASE NO. 5:09-cv-02889-JW (PVT) STIPULATION AND ORDER REGARDING THE PRODUCTION OF DOCUMENTS

5:09-CV-02889-JW (PVT)

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WHEREAS, the Parties have agreed upon a protocol for production of Intel Corporation's documents to plaintiffs that will consist of (1) the production from five Intel custodians of all non-privileged documents dated prior to June 25, 2009, that contain one or more agreed search terms, and (2) the production of non-privileged materials from the Skold v. Intel and Barbara's Sales v. Intel cases, and (3) the production of non-privileged documents dated prior to June 25, 2009, that are in the possession, custody or control of the Business Application Performance Co. ("BAPCo") and that contain one or more agreed search terms ("First Production Materials"); WHEREAS, the First Production Materials are voluminous, and the Parties are anxious to produce those materials to plaintiffs' counsel as quickly as possible to meet the current case management schedule; WHEREAS, Intel and BAPCo have taken measures they believe are reasonable in the circumstances to identify privileged materials within the First Production Materials; WHEREAS, in producing the First Production Materials, the Parties do not intend for Intel or BAPCo to waive their right to assert the attorney-client privilege, work product immunity, or any other applicable privilege or immunity as to any documents produced; WHEREAS, the Parties seek to create a mechanism to provide for the return of documents protected from disclosure by the attorney-client privilege, work product immunity, or any other applicable privilege or immunity should Intel or BAPCo inadvertently or unintentionally disclose any such documents in the First Production Materials; NOW THEREFORE, the Parties stipulate as follows: 1. Intel and BAPCo do not waive, and are not estopped from asserting, the attorney-

client privilege, work product immunity, or any other applicable privilege or immunity by producing documents or things, or making them available for inspection, in the First Production Materials. If the Producing Party becomes aware of any inadvertent or unintentional disclosure, it may designate such documents as within the attorney-client privilege, work product immunity or any other applicable privilege or immunity, and request in writing return of such documents to the Producing Party. Upon request by the Producing Party, the Receiving Party shall (a) refrain from any further examination or disclosure of such document(s); (b) immediately retrieve and return all
STIPULATION AND ORDER
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copies of such document(s) (including summaries and excerpts) to counsel for the Producing Party; and (c) not use such document(s) for any purpose until further order of the Court. The Producing Party must retain a copy of any document(s) that are returned until any disputes concerning such documents have been resolved. 2. If a Receiving Party reasonably believes that a Producing Party has inadvertently

produced any documents, data or information that is potentially privileged, the Receiving Party shall (a) refrain from any further examination or disclosure of such material; (b) promptly notify the Producing Party and specifically identify the information (by document number or other equally precise description); and (c) give the Producing Party ten (10) days to respond as to whether the material was, in fact, inadvertently produced. If the Producing Party makes a claim of inadvertent production, the provisions of paragraph (1) above shall apply. 3. Nothing herein shall prevent the Receiving Party from challenging the propriety of

the attorney-client privilege, work product immunity, or other applicable privilege or immunity designation by filing a written motion filed under seal with the Court; provided, however, that such challenge shall not assert as a ground for challenge the fact of the initial production or inspection of the documents later designated as attorney-client privileged, work product, or subject to another applicable privilege or immunity. 4. Pursuant to Fed. R. Evid. 502(e), this agreement is binding on third-parties,

provided that it has been entered by the Court.

IT IS SO STIPULATED. DATED: April 14, 2010 GIRARD GIBBS LLP By: /s/ Geoffrey A. Munroe Geoffrey A. Munroe Interim Class Counsel for Plaintiffs

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DATED: April 14, 2010

PERKINS COIE BROWN & BAIN P.A. By: /s/ Timothy J. Franks Timothy J. Franks Attorneys for Defendant INTEL CORPORATION

DATED: April 14, 2010

NARANCIC & KATZMAN, PC By: /s/ Perry J. Narancic Perry J. Narancic Attorneys for Defendant BUSINESS APPLICATIONS PERFORMANCE CORPORATION ORDER

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STIPULATION AND ORDER
20336-1273/LEGAL17373013.4

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: April 15, 2010

____________________________________ The Honorable Patricia V. Trumbull United States Magistrate

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