Opinion
No. 02 Civ. 2637 (DLC).
August 26, 2005
Dear Judge Cote:
On behalf of all parties, I write to inform you that the parties plan to submit revised briefing with redactions and excerpts under seal in accordance with the Court's direction by or before September 9, 2005. Defendants have begun their review of the pleadings and exhibits, but have concluded that it will take somewhat longer than we originally anticipated — in part because we needed to contact a number of third parties, including manufacturers, trade associations, service agents and dealers, whose documents and deposition testimony were put at issue in the pleadings.
We have coordinated with the plaintiffs, who have completed their review of materials that they submitted. In their view, all of the materials that they filed should be unsealed. Defendants have not finished reviewing all of plaintiffs' submissions to identify defendants' confidential material that may have been included, but note that plaintiffs' submissions do include transcripts and documents of third parties. Defendants have undertaken to contact these third parties, since they invoked and relied on the protective order in this matter in connection with providing documents or testimony. By or before September 9, 2005, defendants expect to be in a position to resubmit all of their filings. We have asked affected third parties to raise any issues they have in the same time frame.