Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11293 Filed 10/10/14 Page 1 of 7
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11294 Filed 10/10/14 Page 2 of 7
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`IN RE AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`[PART]
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`THIS DOCUMENT RELATES TO:
`END-PAYOR ACTIONS
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`Master File No. 12-md-02311
`Honorable Marianne O. Battani
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`Case No.
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`END-PAYOR PLAINTIFFS’ FIRST SET OF INTERROGATORIES
`TO [DEFENDANT]
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure,
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`Plaintiffs, through their counsel, request that [Defendant] respond to the
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`following interrogatory within (30) days of service and thereafter supplement
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`such interrogatory response as may be necessary to comply with the requirements
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`of Rule 26(e) of the Federal Rules of Civil Procedure.
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`DEFINITIONS
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`The following Definitions apply to these Interrogatories:
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`“Each” includes “all” and “any.”
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`“Make” means motor vehicle original equipment manufacturer
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`2.
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`(“OEM”).
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11295 Filed 10/10/14 Page 3 of 7
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`3.
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`“Model Name” means a particular brand of motor vehicle sold under
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`a make by an OEM.
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`4.
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`“Model Number” means an alphabetical and/or numerical code used
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`in reference to a particular brand of motor vehicle during the research and
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`development phase.
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`5.
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`“Model Platform” refers to motor vehicle models of the same model
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`year or different model years that share common design, engineering, production,
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`and/or manufacturing characteristics, including but not limited to, identical
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`automotive parts at the component or sub-component level.
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`6.
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`“Model Year” refers to the first year that a motor vehicle model is
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`officially available for purchase in a specific market. Note that some models may
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`be unofficially available for purchase in specific markets before their model year.
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`7.
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`The use of the singular herein also includes the plural, the
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`masculine, and the feminine, as appropriate in the context. The use of any tense
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`of any verb shall include also within its meaning all other tenses of the verb.
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`INSTRUCTIONS
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`1.
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`If a response to the interrogatory, or part thereof, is withheld on a
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`claim of privilege, identify the privilege asserted and state in detail sufficient
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`facts to establish the basis for the privilege. State whether the information
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`requested has ever been provided to any governmental entity or any other
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11296 Filed 10/10/14 Page 4 of 7
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`party other than Defendant or its attorneys.
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`2.
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`If any information requested is withheld based on a claim that
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`such information constitutes attorney work-product, please provide all the
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`information described in Instruction No. 1 and identify the litigation in
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`connection with which the information was obtained and/or prepared.
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`3.
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`The obligation to respond to this interrogatory is continuing
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`pursuant to Rule 26(e) of the Federal Rules of Civil Procedure. If at any time
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`after responding to this interrogatory you discover additional information that
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`will make your response to this interrogatory more complete or correct,
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`supplement or amend your responses in accordance with the Rule.
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`4.
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` If you respond to the interrogatory by reference to business
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`records pursuant to Federal Rule of Civil Procedure 33(d), identify such
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`records by Bates number and the name of the employee certifying the
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`documents as business records for purposes of answering the interrogatory.
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`INTERROGATORY NO. 1:
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`INTERROGATORIES
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`Identify each vehicle model, including but not limited to Make, Model
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`Name, Model Number, Model Platform, and Model Year, affected by the collusion
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`or coordination described in your plea agreement with the Antitrust Division of the
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`United States Department of Justice (Ex. 1).
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11297 Filed 10/10/14 Page 5 of 7
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`RESPONSE:
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`Date: October 10, 2014
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`Respectfully submitted,
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`/s/ Steven N. Williams
`Frank C. Damrell
`Steven N. Williams
`Adam J. Zapala
`Elizabeth Tran
`COTCHETT, PITRE & McCARTHY,
`LLP
`San Francisco Airport Office Center
`840 Malcolm Road, Suite 200
`Burlingame, CA 94010
`Telephone: (650) 697-6000
`Facsimile: (650) 697-0577
`fdamrell@cpmlegal.com
`swilliams@cpmlegal.com
`azapala@cpmlegal.com
`etran@cpmlegal.com
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`/s/ Hollis Salzman
`Hollis Salzman
`Bernard Persky
`William V. Reiss
`ROBINS, KAPLAN, MILLER & CIRESI
`L.L.P.
`601 Lexington Avenue, Suite 3400
`New York, NY 10022
`Telephone: (212) 980-7400
`Facsimile: (212) 980-7499
`hsalzman@rkmc.com
`bpersky@rkmc.com
`wvreiss@rkmc.com
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11298 Filed 10/10/14 Page 6 of 7
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`/s/ Marc. M. Seltzer
`Marc M. Seltzer
`Steven G. Sklaver
`SUSMAN GODFREY L.L.P.
`1901 Avenue of the Stars, Suite 950
`Los Angeles, CA 90067-6029
`Telephone: (310) 789-3100
`Facsimile: (310) 789-3150
`mseltzer@susmangodfrey.com
`ssklaver@susmangodfrey.com
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`Terrell W. Oxford
`Warren T. Burns
`SUSMAN GODFREY L.L.P.
`901 Main Street, Suite 5100
`Dallas, Texas 75202
`Telephone: (214) 754-1900
`Facsimile: (214)754-1933
`toxford@susmangodfrey.com
`wburns@susmangodfrey.com
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`Interim Co-Lead Class Counsel for the
`Proposed End-Payor Plaintiffs Classes
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`/s/ E. Powell Miller
`E. Powell Miller
`Adam T. Schnatz
`THE MILLER LAW FIRM, P.C.
`The Miller Law Firm, P.C.
`950 W. University Dr., Ste. 300
`Rochester, Michigan 48307
`epm@millerlawpc.com
`ats@millerlawpc.com
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`Attorneys for Plaintiffs and Interim Liaison
`Counsel for the Proposed End-Payor
`Plaintiffs Classes
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`Case 2:12-md-02311-SFC-RSW ECF No. 837-1, PageID.11299 Filed 10/10/14 Page 7 of 7
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`CERTIFICATE OF SERVICE
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`I, Steven N. Williams, hereby certify that I caused a true and correct copy of
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`the END-PAYOR PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO
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`ALL DEFENDANTS to be served via e-mail upon all registered counsel of record
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`via the Court’s CM/ECF system on October 10, 2014.
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`/s/ Steven N. Williams
`Steven N. Williams
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