Free Report and Recommendations - Special Master - District Court of Delaware - Delaware

Case 1 :05-md-01717-JJF Document 626 Filed O9/06/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE INTEL CORP. MDL N0. 05-l7l7—JJF
MICROPROCESSOR ANTITRUST
LITIGATION
PHIL PAUL, 0n behalf 0f himself and C.A. N0. 05-485-JJF
all others similarly situated,
CONSOLIDATED
Plaintiffs, ACTION
v.
INTEL CORPORATION,
Defendant.
SPECIAL MASTER’S REPORT AND RECOMMENDATION
ON INTEL CORPORATION’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS {DM 7[
WHEREAS, 0n August 22, 2007, the parties appeared telephonically before the Special
Master, Vincent J. Poppiti, 0n the motion of Intel Corporation ("Intel") to compel production of
documents in response t0 Requests Nos. 8 and 9 from Intel’s First Set 0f Requests f0r Pr0ducti0n
0f Documents, and Requests Nos. l and 2 from Intel’s Second Set 0f Requests f0r Production
(Discovery Matter N0. 7); and
WHEREAS, the matter has been fully briefed, argued, and submitted t0 the Special
Master; and
WHEREAS, the Requests at issue seek tax returns and other financial information from
the named class representatives; and
WHEREAS, in this jurisdiction, Federal Rule of Civil Procedure 23(a)(4), which
addresses class representatives’ adequacy to represent the class, puts the class representatives’

Case 1:05-md-01717-JJF Document 626 Filed O9/06/2007 Page 2 of 3
financial capacity [— and thus their financial records —] at issue, particularly in a case such as
this one, where there is a substantial alleged class with an expectation of substantial costs going
forward (see In re ML-Lee Acquisition Fund IL L.P., 149 F.R.D. 506 (D. Del. 1993) (Farnan,
J .)); and
WHEREAS, although the class representatives have not provided specific information
regarding their fee arrangement with class counsel, it appears to provide that costs and expenses
of litigation are advanced by class counsel as they are incurred and repayment is contingent on
the outcome of the matter; and
WHEREAS, where there is an opportunity in any litigation for the prevailing defendant
to apply to the Court for costs, the Court appropriately can entertain issues with respect to
whether the class is able to satisfy any and all obligations as this issue relates to the prosecution
of the lawsuit; and
WHEREAS, in this jurisdiction, the 2003 amendments to Federal Rule of Civil Procedure
23(g) [do not affect the relevance under Rule 23(a)(4) of the class representatives’ financial
capacity, because the additional duties of class counsel under Rule 23(g)] do not obviate
concerns of coercion of class representatives by class counsel (see ML-Lee, supra).
NOW, THEREFORE, IT IS HEREBY RECOMMENDED that:
1. 1ntel’s motion to compel production of documents in response to Requests Nos. 8
and 9 from Intel’s First Set of Requests for Production of Documents, and Requests Nos. 1 and 2
from Intel’s Second Set of Requests for Production of Documents is granted.
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Case 1:05-md-01717-JJF Document 626 Filed O9/06/2007 Page 3 of 3
2. Class plaintiffs shall produce all documents responsive to the above Requests by
not later than thirty (30) days from the date when the Special Master’s Order becomes the Order
of the Court.
This Special Master’s Order will become a final order of the Court unless objection
is taken in accordance with any Order by the Court on the Stipulation and Proposed Order
Modifying Time for a Party to File Objection to, or a Motion to Adopt or Modify, the
Special Master’s Order, Report or Recommendation (attached hereto as Exhibit A) on
Discovery Matter No. 7.
ENTERED this [day of September 2007.
Special Master
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