ERIC H. SAIKI (SBN 155762) email@example.com RADCLIFF & SAIKI LLP 21515 Hawthorne Blvd. Suite 650 Torrance, CA 90503 Telephone: (310) 698-0600 Facsimile: (310) 698-0601 Attorneys for Plaintiff, PINNACLE ARMOR, INC.
STIPULATION RE DISCOVERY AND ORDER
IT IS HEREBY STIPULATED by and between Plaintiff on the one hand, and Defendant, on the other hand, by and through their counsel of record, that:
1. On February 12, 2013, the Court issued its Order re Plaintiff's Motion to Supplement the Administrative Record (ECF 81). The Order allowed Plaintiff to file a very narrow motion for discovery to uncover whether the National Institute of Justice ("NIJ") considered additional data from the Army or DOD, and set the deadline for filing said motion for March 1, 2013
2. Accordingly, counsel for Plaintiff and Defendant met and conferred over a stipulation as to the nature of any discovery and/or to supplement the Revised Administrative Record ("RAR") with Army or DOD data.
3. On February 28, 2013, the Court issued an Order, based on the stipulation of the parties, extending the deadlines for the filing of the discovery motion and response, to March 29, 2013, and April 5, 2013, respectively.
4. Due to the continuing discussions of the parties, additional time was required to attempt to resolve the remaining discovery issues in order to obviate the need for a discovery motion. Accordingly, on April 4, 2013, the Court issued a further Order based on the stipulation of the parties, extending the deadlines for the filing of the discovery motion and response to April 19, 2013, with the response deadline continued accordingly to April 26, 2013.
5. The parties were subsequently able to stipulate to some, but not all of, the information sought by Plaintiff.
6. With respect to the information sought, Plaintiff requested that the NIJ provide documents and/or information regarding:
a. Any and all documents sent by the Army and/or the Department of Defense ("DoD") to the NIJ or its affiliated offices regarding Pinnacle Armor, Inc.'s products during the years 2006 and 2007;
b. Any and all documents sent by the NIJ or its affiliated offices to the Army and/or DoD regarding Pinnacle Armor Inc.'s products during the years 2006 and 2007;
c. Any and all documents received by the NIJ or its affiliated offices from any source which it is aware was also provided to or possessed by the Army and/or DoD regarding Pinnacle Armor Inc.'s products during the years 2006 and 2007;
d. Any and all transmittal letters, cover sheets, or the like which accompanied any of the material in items [a through c] above;
7. In response to these four requests, the NIJ responded that the only documents it had that were responsive to these requests were already in the Revised Administrative Record. Accordingly, the parties stipulate and agree that formal written discovery would not result in the production of any additional documents that were not already in the Revised Administrative Record.
8. Plaintiff also requested information on the nature and substance of any conversations that took place between the NIJ, on the one hand, and the Army/DOD, on ...