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In re Intel Laptop Battery Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 30, 2010

IN RE INTEL LAPTOP BATTERY LITIGATION

The opinion of the court was delivered by: Judge: Honorable James Ware

STIPULATION REGARDING EXPERT DISCOVERY AND ORDER

Complaint Filed: June 26, 2009 Trial Date: None

Discovery Cutoff: February 28, 2011 and defendants Intel Corporation and Business Applications Performance Corporation (collectively "the parties"), through their respective counsel of record, that it is in the interest of the parties and the Court to avoid consuming unnecessary time and resources on potential discovery disputes relating to experts. In recognition of that fact, the parties have agreed to certain limitations on the scope of expert discovery. These limitations are as follows: retaining him or her need produce, or answer deposition questions or interrogatories about, the following:

(a) any communications between the expert and counsel for the party retaining him or her (including notes and memoranda memorializing the same) unless the expert witness relied upon those communications in forming opinions in this matter; and expert, the expert shall produce no later than seven business days prior to his/her deposition (a) copies of any non-publicly available materials that the expert relied on in forming opinions in this matter and (b) a list identifying any publicly available materials that the expert relied on in forming opinions in this matter but that are not identified in his/her report. The requested documents will be produced without the need for service upon the expert of a document subpoena.

IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Barry Wachsler

1. With respect to testifying-expert discovery, neither the expert witness nor the party (b) any draft reports prepared by, for, or at the direction of an expert witness.

2. Upon proper service on opposing counsel of a notice of deposition of a party's expert, the expert shall produce no later than seven business days prior to his/her deposition (a) copies of any non-publicly available materials that the expert relied on in forming opinions in this matter and (b) a list identifying any publicly available materials that the expert relied on in forming opinions in this matter but that are not identified in his/her report. The requested documents will be produced without the need for service upon the expert of a document subpoena.

3. For purposes of this Stipulation, the terms "expert", "testifying-expert", and "expert witness" do not include present and/or former employees.

4. Neither the terms of this Stipulation nor the parties' agreement to them implies that any of the information restricted from discovery in this Stipulation would otherwise be discoverable.

5. The Court retains jurisdiction to make such amendments, modifications, or additions to this Stipulation and the proposed order as it may from time to time deem appropriate or may consider upon the motion of any party.

6. The parties agree to comply with this Stipulation pending the Court's approval and entry of the proposed order.

IT IS SO STIPULATED.

20100330

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