`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 12-574-LPS
`(CONSOLIDATED)
`
`ROBERT BOSCH LLC,
`
`v.
`
`Plaintiff,
`
`ALBEREE PRODUCTS, INC., API KOREA CO.,
`LTD., SA VER AUTOMOTIVE PRODUCTS,
`INC., and COSTCO WHOLESALE
`CORPORATION
`
`Defendants.
`
`COSTCO WHOLESALE CORPORATION,
`
`Counter-Plaintiff,
`
`v.
`
`ROBERT BOSCH LLC and ROBERT BOSCH
`GMBH,
`
`Counter-Defendants.
`
`ORDER
`
`· At Wilmington this 24th day of January, 2017:
`
`For the reasons set forth in the Memorandum Opinion issued this date, IT IS HEREBY
`
`ORDERED that:
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`1.
`
`Defendant Costco Wholesale Corporation's ("Costco") Motion to Dismiss
`
`Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure 37(b)(2) (D.I. 372) is
`
`DENIED.
`
`A.
`
`The Court will not dismiss this case based on Costco' s Motion.
`
`1
`
`
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`Case 1:12-cv-00574-LPS Document 396 Filed 01/24/17 Page 2 of 2 PageID #: 13201
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`B.
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`However, the Court orders Robert Bosch LLC ("BLLC") to pay the
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`reasonable attorney's fees Costco incurred that were caused by BLLC' s discovery misconduct.
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`C.
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`The Court further orders that BLLC provide Costco all responsive,
`
`appropriate discovery.
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`D.
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`The Court will also consider, in connection with motions in limine,
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`imposing evidentiary sanctions, if requested.
`
`2.
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`3.
`
`The Court's Order (D.I. 356 ~ 3, first sentence) staying this case is VACATED.
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`The parties shall meet and confer and submit a joint proposed scheduling order,
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`including their proposals for additional discovery and for briefing issues relating to the
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`determination of the appropriate amount of attorney's fees to order BLLC to pay, no later than
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`February 8, 2017.
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`4.
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`No later than January 25, 2017, the parties shall meet and confer and submit a
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`joint proposed redacted version of the Memorandum Opinion issued this date.
`
`HON. LEONARD P. STA
`UNITED STATES DISTRICT COURT
`
`2
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`