UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON DC
`
`Before the Honorable Clark S. Cheney
`Chief Administrative Law Judge
`
`
`In the Matter of
`
`CERTAIN CRAFTING MACHINES
`AND COMPONENTS THEREOF
`
`
`Inv. No. 337-TA-1426
`
`DISCOVERY STIPULATION
`
`
`
`
`
`Complainant Cricut, Inc. (“Cricut” or “Complainant”) and Respondents Hunan Sijiu
`
`Technology, Co. Ltd., Hunan Sijiu Electronic Technology Co., Ltd., Guangdong Rongtu
`
`Technology Co., Ltd. (collectively, “HTVRont” or “Respondents”) (collectively with
`
`Complainant, the “Private Parties”), by and through their respective counsel, hereby stipulate and
`
`agree as follows:
`
`I.
`
`Service of Documents
`
`1.
`
`The Private Parties agree that electronic service shall be the official form of service
`
`in this Investigation for all documents filed with the Commission, submitted to the Administrative
`
`Law Judge, or that are otherwise served pursuant to Commission Rule 201.16 or the Ground Rules.
`
`Electronic service of documents under 30 megabytes in PDF format to the “Electronic Mail
`
`Service List” addresses designated in Paragraph 3, below, shall be deemed effective for service on
`
`the Private Parties. For documents over 30 megabytes or other documents that cannot be efficiently
`
`served by email, service shall be deemed effective if (a) the Private Party place(s) the documents
`
`on a secure File Transfer Protocol (FTP) host or other similar secure service or site for those Parties
`
`that have consented to service via FTP; or (b) the Private Party delivers the documents in PDF
`
`file(s) on a CD, DVD, Flash Drive, HDD or other electronic media by hand delivery to the
`
`1
`
`

`

`Designated Counsel of Record for Hand Delivery set forth in Paragraph 3, below. For those parties
`
`represented solely by counsel outside the metropolitan Washington, DC area, in lieu of Hand
`
`Delivery service shall be by priority overnight, first available morning or Saturday delivery with
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`the tracking information sent to that counsel.
`
`2.
`
`All discovery requests will be served by electronic mail in a searchable PDF format
`
`and in Word format. The Private Parties further agree that all responses and objections thereto (but
`
`not documents produced pursuant to any such request) shall be served by electronic mail. Service
`
`of discovery requests by 9:00 p.m. EDT/EST constitutes service on the day received. Discovery
`
`requests sent by email after 9:00 p.m. EDT/EST will be considered service the next business day
`
`at the option of the receiving party. Discovery responses that are sent by email at or before 9:00
`
`p.m. EDT/EST shall be deemed to have been served on the day sent. Discovery responses sent by
`
`email after 9:00 p.m. EDT/EST shall be deemed to have been served on the following business
`
`day, although the parties may jointly agree to a later service deadline if desired. All documents
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`produced pursuant to any discovery request shall be served by hand delivery for delivery on the
`
`day of production, by FTP or other similar secure service including electronic links from which
`
`documents may be downloaded, or by overnight mail for delivery the next business day after the
`
`day of production, at the producing party's election. When service is by overnight mail, the
`
`producing party shall send via electronic mail a copy of any cover letter accompanying the
`
`production; such copy shall be transmitted on the same day that the production is mailed.
`
`3.
`
`Electronic service shall be accomplished by sending the documents described in
`
`Paragraphs 1 and 2 as follows:
`
`Party
`Cricut
`
`Service
`cricutitc@mwe.com
`jreiziss@mwe.com
`aott@mwe.com
`
`Counsel
`Jay H. Reiziss
`Alexander P. Ott
`Timothy M. Dunker
`
`2
`
`

`

`dtobin@mwe.com
`
`HTVRONT
`
`DLA-Sijiu-
`1426@us.dlapiper.com
`
`MCDERMOTT WILL & EMERY LLP
`500 North Capitol Street, NW
`Washington, DC 20001
`Telephone: (202) 756-8000
`
`David J. Tobin
`MCDERMOTT WILL & EMERY LLP
`2501 North Harwood Street Suite 1900
`Dallas, TX 75201
`Telephone: (214) 210-2793
`
`James M. Oehler
`Tessa M. Kroll
`MCDERMOTT WILL & EMERY LLP
`444 West Lake Street, Suite 4000
`Chicago, IL 60606
`Telephone: (312) 372-2000
`
`Helena Kiepura
`DLA Piper LLP (US)
`500 Eighth Street, NW
`Washington, DC 20004
`Tel: 202.799.4000
`Fax: 202.799.5000
`
`Matthew Satchwell
`Paulina Starostka
`DLA Piper LLP (US)
`444 West Lake Street, Suite 900
`Chicago, IL 60606
`Tel: 312.368.4000
`
`Shaobin Zhu
`DLA Piper LLP (US)
`701 Fifth Avenue
`Suite 6900
`Seattle, WA 98104
`Tel: 206.839.4894
`
`Benjamin Yaghoubian
`DLA Piper LLP (US)
`2000 Avenue of the Stars
`Suite 400 North Tower
`Los Angeles, CA 90067
`Tel: 310.595.3000
`
`
`3
`
`

`

`Claire Schuster
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Tel: 617.406.6000
`
`Peter VandeVort
`DLA Piper LLP (US)
`555 Mission St, Suite 2400
`San Francisco, CA 94105
`Tel: 415.836.250
`
`
`The Private Parties agree that only individuals permitted access to documents containing
`
`Confidential Business Information pursuant to the Protective Order issued in this
`
`investigation as Order No. 1 (hereinafter the “Protective Order”) will be included in the
`
`above email distribution addresses.
`
`4.
`
`Each Private Party agrees that, for documents served by electronic mail in
`
`accordance with paragraphs 1 and 2 above that contain Confidential Business Information of
`
`another party, they will not place any restrictions on the documents’ properties (such as restricting
`
`access to print the document, cut and paste, or restricting the ability to save the document in a new
`
`location), but shall treat the use of any appropriately designated documents in accordance with the
`
`Protective Order and any amendments thereto.
`
`5.
`
`Format of Supplemental Discovery Responses. For ease of use, supplemental
`
`discovery responses to a set of discovery shall include all prior responses to that set of discovery,
`
`with the date of each supplemental response identified. As a result, responses to a given set of
`
`discovery will be made in a running document containing all prior responses as opposed to
`
`supplementation in piecemeal fashion in separate documents.
`
`4
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`

`

`II.
`
`Discovery of Expert Materials
`
`6.
`
`The parties agree to the limitations of FRCP 26 with regard to the discovery of
`
`expert materials. Testifying experts shall not be subject to discovery on any draft of their reports,
`
`notes, or outlines for draft reports in this or prior Investigations and such draft reports, notes, or
`
`outlines for draft reports are also exempt from production and discovery. No discovery can be
`
`taken from any non-testifying expert except to the extent that the non-testifying expert has
`
`provided information, opinions, or other materials to a testifying expert who relies upon such
`
`information, opinions, or other materials in forming his or her final report or any opinion in this
`
`Investigation. No conversations or communications between counsel and any testifying or non-
`
`testifying expert, including emails, written agreements, or correspondence, will be subject to
`
`discovery unless the conversations or communications are relied upon by a testifying expert in
`
`formulating his or her final report or any opinion in this Investigation. The Private Parties further
`
`agree that they will not seek discovery or testimony regarding: (1) communications between
`
`retained experts and their staff and consultants; and (2) communications between one retained
`
`expert and another retained expert, except to the extent the communications identify facts or data
`
`that the expert considered in forming the opinions to be expressed or identify assumptions that the
`
`expert relied on in forming the opinions to be expressed. Materials, communications, and other
`
`information exempt from discovery under this Paragraph shall be treated as attorney work product
`
`for the purposes of this Investigation.
`
`III.
`
`Inadvertent Failure to Designate Documents
`
`7.
`
`The Private Parties agree that the inadvertent failure to designate any materials
`
`produced during the course of this Investigation as “Confidential Business Information” will not
`
`be deemed to waive nor prejudice any later claim as to its appropriate confidential nature, or to
`
`5
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`

`

`stop the producing party from designating such information as confidential at a later date, provided
`
`that the producing party notifies the receiving party in writing promptly after discovery of such
`
`inadvertent production. A receiving Private Party shall not be in breach of the Administrative
`
`Protective Order for using undesignated material before the receiving Private Party received notice
`
`of the inadvertent failure to designate. Newly designated Confidential Business Information must
`
`be treated by the receiving party according to the new designation from the time the receiving
`
`party is notified in writing of the change in the designation. If material is designated as containing
`
`Confidential Business Information subsequent to production or disclosure, the producing Private
`
`Party shall reproduce the material with the correct designation. Upon receiving the material with
`
`the correct designation, the receiving Private Party shall return or securely destroy all copies that
`
`were not properly designated. Any Private Party desiring to change the designation of any
`
`previously produced material may do so at any time under the provisions of this section.
`
`8.
`
`Deposition testimony may be retroactively designated as “Confidential Business
`
`Information” (1) under the terms specified in paragraph 7 if retroactively designated within ten
`
`(10) days of the date of deposition, (2) if the parties consent, or (3) if the ALJ, Commission, or
`
`other body with authority so orders.
`
`IV. No Discovery of Communication with Support Staff
`
`9.
`
`There shall be no discovery sought or information offered into evidence relating to
`
`communications with translators, document imaging personnel, trial consultants, graphics
`
`personnel, or other like litigation support personnel working under the direction of counsel. This
`
`provision does not supersede obligations under any orders of the ALJ or the Commission, or
`
`obligations under Ground Rule 6.8 to produce copies of any pre-existing English language
`
`translations of discoverable documents.
`
`6
`
`

`

`V.
`
`Logging of Privileged Materials
`
`10.
`
`The Private Parties agree they are not required to log materials subject to attorney-
`
`client privilege, work product, and/or other immunity for discovery except for (1) materials that
`
`are produced as partially redacted based on such immunity; (2) materials that are returned or
`
`destroyed by the receiving Party pursuant to Section VI below; and (3) materials for which a
`
`dispute arises as to the privileged nature of such materials, for which the provisions of paragraph
`
`12 below apply.
`
`11.
`
`In the event a dispute arises as to the privileged nature of any material, the Private
`
`Party claiming such privilege shall provide a privilege log that complies with Ground Rule 6.9.1
`
`within 5 business days of the parties reaching an impasse regarding such dispute.
`
`VI.
`
`Inadvertent Production of Privileged Information
`
`12.
`
`The Private Parties agree that Rule 210.27(e)(2) governs the inadvertent production
`
`of privileged information.
`
`VII. Form of Document Production
`
`13.
`
`All document production shall be in electronic format unless otherwise agreed to
`
`in advance by the Private Parties.
`
`14.
`
`The Private Parties shall each produce imaged copies of responsive and
`
`nonprivileged electronic and paper documents electronically, Bates-stamped, using Tagged Image
`
`(“TIFF”) format or searchable PDF format. If using TIFF format, it shall be produced as single-
`
`page TIFF Group IV images, in color, at 300 x 300 dpi resolution with a standard delimited
`
`concordance format (DAT file) and Opticon (OPT file) format, including document breaks and
`
`page counts. TIFF or searchable PDF files shall be named with a unique production number
`
`followed by the appropriate file extension (e.g., ABC000001.TIFF). If color images are produced,
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`7
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`

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`they shall be produced as single-page JPEG files or searchable PDF files. If a document is more
`
`than one page, the unitization of the document and any attachments and/or affixed notes shall be
`
`maintained as they existed in the original document. The parties agree to produce documents in
`
`text-searchable format to the extent they are maintained in that form or to the extent reasonably
`
`possible. A single multi-page text file shall be provided for each document, and the filename
`
`should match its respective TIFF image or searchable PDF filename. A commercially acceptable
`
`technology for optical character recognition (“OCR”) shall be used for all scanned, hard copy
`
`documents written in English or other Latin-character language. When possible, the text of native
`
`files should be extracted directly from the native file. Text files will not contain the redacted
`
`portions of the documents and OCR text files will be substituted instead of extracted text files for
`
`redacted documents.
`
`15.
`
`16.
`
`All productions shall be Unicode compliant.
`
`A party is required to produce only a single copy of a responsive document and a
`
`party may de-duplicate responsive ESI (based on MD5 or SHA-1 hash values at the document
`
`level) across custodians at the family level. To the extent that a party has propounded a specific
`
`request for email and shown good cause in compliance with this stipulation, the hash value will be
`
`generated based on the parent/child document grouping for emails with attachments. A party may
`
`also de-duplicate “near-duplicate” email threads as follows: In an email thread, only the final-in-
`
`time document need be produced, assuming that all previous emails in the thread are contained
`
`within the final message. Where a prior email contains an attachment, that email and attachment
`
`shall not be removed as a “near-duplicate.” To the extent that de-duplication through MD5 or
`
`SHA-1 hash values is not possible, the parties shall meet and confer to discuss any other proposed
`
`method of de-duplication.
`
`8
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`

`

`17.
`
`Files not conducive to production in TIFF or searchable PDF format shall be
`
`produced in native format (e.g. Excel files, multi-media files, database files, etc). The parties shall
`
`meet and confer about any files not conducive to production in image format which require
`
`redaction. A party that receives a document produced in TIFF or searchable PDF format may
`
`make a reasonable request to receive the document in its native format, and upon receipt of such a
`
`request, the producing party, if reasonable, shall produce the document in its native format. For
`
`documents that are produced as native files, the producing party shall endeavor to include in the
`
`set of image (TIFF or PDF) documents a slipsheet where the native file would otherwise have been
`
`produced indicating the production number of the native file or other document and the
`
`confidentiality designation. In addition, native files shall be produced using a name that bears the
`
`production number (e.g. ABC000002.xls). The DAT file shall also include a path to the native file.
`
`18.
`
`The parties shall respond to reasonable requests for the production of higher-
`
`resolution images. The producing party shall not object to reasonable requests for higher resolution
`
`images if the document as originally produced is illegible or difficult to read. The producing party
`
`shall have the option of producing the native-file version of the documents in response to such
`
`requests. Documents reproduced at a higher resolution shall bear the same production number(s)
`
`as the document originally produced document where practicable and shall be produced in JPEG
`
`or searchable color PDF.
`
`19.
`
`Absent a showing of good cause, ESI productions shall not include metadata except
`
`that the following fields shall be included in the production if such fields exist and are reasonably
`
`available to the producing party:
`
`Metadata Field
`BEGBATES
`
`Description
`Number stamped on first image page of document
`
`9
`
`

`

`Metadata Field
`ENDBATES
`
`BEGATTACH
`
`ENDATTACH
`
`CBI
`
`FILENAME
`
`Description
`Number stamped on last image page of document
`
`Number stamped on first image page of attachment(s)
`
`Number stamped on last image page of attachment(s)
`
`Indicates whether a document has been designated as
`Confidential Business Information pursuant to the Protective
`Order (Order No. 1)
`File name of an electronic document or attachment
`
`NATIVEFILELINK
`
`For documents produced as native file, link to that file
`
`TEXTFILELINK
`
`Link to text file produced with document or attachment
`
`DATE
`
`DOCAUTHOR
`
`DATEMODIFIED
`
`Date the corresponding draft, or document was created
`
`If available, the person(s) who created, wrote, reviewed,
`signed, or approved the document. If no author is present, a
`default value of “None” will be coded.
`Date the corresponding draft, or document was last modified
`
`
`
`20.
`
`To the extent that any email productions take place pursuant to Paragraph 22 of this
`
`stipulation, the requesting and producing party shall meet and confer regarding the possible
`
`inclusion of additional fields.
`
`21.
`
`Paper documents included in a Private Party’s production shall be scanned to
`
`imaged copies and produced in the same manner specified above. The imaged copies of scanned
`
`paper documents will be logically unitized (i.e., to preserve page breaks between documents and
`
`otherwise allow separate documents to be identified).
`
`VIII. Electronic Discovery
`
`22.
`
`The Private Parties agree that no email, voicemail, instant messages, text messages,
`
`or materials that may be archived and/or retained in tape, floppy disc, optical disc or similar media
`
`for backup or disaster recovery shall be searched for or produced unless good cause for the
`
`10
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`

`

`production can be shown, and further subject to the producing party’s claim of undue burden or
`
`cost. The Private Parties shall meet and confer as to good cause on this issue.
`
`IX.
`
`Third-Party Discovery
`
`23.
`
`The Private Parties shall serve upon each other and the Commission Investigative
`
`Staff all materials received pursuant to any third-party subpoena within three (3) business days of
`
`receipt from the third-party. Such service may be made by email, in accordance with Paragraph 1
`
`above.
`
`X.
`
`Substantial Completion of Production
`
`24.
`
`The Private Parties agree to substantially complete the production of documents by
`
`March 7, 2025.
`
`XI. Depositions
`
`25.
`
`The Parties agree that, absent prior agreement, depositions will be limited to seven
`
`hours of testimony per day, provided that Staff is given ample time to question the witness. The
`
`Parties agree that personal depositions will be limited to seven hours of testimony on one day
`
`unless otherwise agreed, provided that Staff is given ample time to question the witness. The
`
`Parties will meet and confer concerning the duration of corporate depositions. For depositions of
`
`witnesses for which a translator is required, the Parties agree that the depositions will be limited
`
`to ten hours of testimony, provided that Staff is given ample time to question the witness. However,
`
`to avoid undue burden on translated witnesses, no witness shall be required to sit for more than
`
`seven hours of time on the record in a single day unless by prior agreement. The Parties also agree
`
`that, if a witness will be deposed both in his or her personal capacity and on behalf of a party, both
`
`depositions will be conducted together, absent prior agreement.
`
`11
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`

`

`XII. Discovery Committee Meetings
`
`26.
`
`The Private Parties agree to convene discovery committee teleconferences every
`
`other Wednesday at 3:30 pm ET or at any other time mutually agreed to by the parties.
`
`Complainant and Respondents will each distribute an agenda of items they wish to discuss on the
`
`discovery committee conference at least 24 hours before the discovery teleconference.
`
`XIII. Joint Report on Mediation
`
`27.
`
`Pursuant to Ground Rule 10, the Parties are required to submit a Joint Report on
`
`Mediation within 7 days of completing the required one-day mediation session. Accordingly,
`
`following the mediation session, Complainant’s counsel shall prepare and circulate to the
`
`participating Respondent’s counsel a draft report no fewer than two business days before the report
`
`is due. Counsel for the parties shall meet and confer in good faith regarding any disputes about the
`
`contents of the draft report. The parties shall be jointly responsible for timely submission of the
`
`final Joint Report on Mediation.
`
`XIV. Communication with the Commission Investigative Staff
`
`28.
`
`The Private Parties agree not to seek discovery of any communication between any
`
`of the Private Parties, the Office of Unfair Import Investigations (“OUII”), and the Commission
`
`Investigative Staff. The private parties agree not to propound discovery requests on OUII or to
`
`seek discovery on any communications with OUII. OUII does not oppose the entry of this
`
`Stipulation. OUII is not a party to this stipulation and, to the extent the stipulation imposes
`
`obligations or limits on the private parties that are not already imposed under the Commission
`
`Rules or Ground Rules, such obligations or limits shall not be imposed on OUII.
`
`
`
`12
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`

`

`STIPULATED AND AGREED TO BY
`
`
`
`Dated: January 9, 2025
`
`
`
`
`
`/s/ Jay H. Reiziss
`Jay H. Reiziss
`Alexander P. Ott
`Timothy M. Dunker
`MCDERMOTT WILL & EMERY LLP
`500 North Capitol Street, NW
`Washington, DC 20001
`Telephone: (202) 756-8000
`
`David J. Tobin
`MCDERMOTT WILL & EMERY LLP
`2501 North Harwood Street Suite 1900
`Dallas, TX 75201
`Telephone: (214) 210-2793
`
`James M. Oehler
`Tessa M. Kroll
`MCDERMOTT WILL & EMERY LLP
`444 West Lake Street, Suite 4000
`Chicago, IL 60606
`Telephone: (312) 372-2000
`
`Counsel for Complainant
`
`/s/ Helena Kiepura
`Helena Kiepura
`DLA Piper LLP (US)
`500 Eighth Street, NW
`Washington, DC 20004
`Tel: 202.799.4000
`Fax: 202.799.5000
`
`Matthew Satchwell
`Paulina Starostka
`DLA Piper LLP (US)
`444 West Lake Street, Suite 900
`Chicago, IL 60606
`Tel: 312.368.4000
`
`Shaobin Zhu
`DLA Piper LLP (US)
`701 Fifth Avenue
`Suite 6900
`Seattle, WA 98104
`
`
`
`13
`
`

`

`
`
`Tel: 206.839.4894
`
`Benjamin Yaghoubian
`DLA Piper LLP (US)
`2000 Avenue of the Stars
`Suite 400 North Tower
`Los Angeles, CA 90067
`Tel: 310.595.3000
`
`Claire Schuster
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Tel: 617.406.6000
`
`Peter VandeVort
`DLA Piper LLP (US)
`555 Mission St, Suite 2400
`San Francisco, CA 94105
`Tel: 415.836.250
`
`Counsel for HTVRont Respondents
`
`
`14
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that, on January 9, 2025, a true and correct copy of the foregoing was
`served upon the following, in the manner indicated below:
`
`
`☒Via EDIS
`☐Via Hand Delivery
`☐Via Overnight Courier
`☐Via Email
`☐Via EDIS
`☐Via Hand Delivery
`☐Via Overnight Courier
`☒Via Box
`☒Via Email
`☐Via EDIS
`☐Via Hand Delivery
`☐Via Overnight Courier
`☒Via Email
`
`☐Via EDIS
`☐Via Hand Delivery
`☐Via Overnight Courier
`☒Via Email
`
`☐Via EDIS
`☐Via Hand Delivery
`☐Via Overnight Courier
`☒Via Email
`
`☐Via EDIS
`☐Via Hand Delivery
`☒Via Overnight Courier
`☐Via Email
`☐Via EDIS
`☐Via Hand Delivery
`☒Via Overnight Courier
`☐Via Email
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, D.C. 20436
`The Honorable Clark S. Cheney
`Chief Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, SW
`Washington, D.C. 20436
`Cheney1426@usitc.gov
`Yoncha Kundupoglu, Esq.
`Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, SW
`Washington, D.C. 20436
`yoncha.kundupoglu@usitc.gov
`Respondents Hunan Sijiu Technology, Co. Ltd.,
`Hunan Sijiu Electronic Technology Co., Ltd., and
`Guangdong Rongtu Technology Co., Ltd.
`Helena D. Kiepura
`DLA Piper LLP (US)
`500 Eighth Street, NW
`Washington, DC 20004
`DLA-Sijiu-1426@us.dlapiper.com
`Respondent SainStore Technology Co., Ltd
`John M. Augustyn
`Leydig, Voit & Mayer, Ltd.
`180 N. Stetson Avenue, Suite 4900
`Chicago, IL 60601
`SainStore-ITC1426@leydig.com
`SainStore-1426@bartkowskipllc.com
`Respondent LiPing Zhan
`No. 187, Yanglinguan Street,
`Xingou Town, Jianli County,
`Jingzhou, China 433300
`Respondent Shanghai Sishun E-commerce Co.,
`Ltd.
`5th Floor, Building 6, Lane 958, Jinsha Jiangxi Road
`Jiading District, Shanghai, China 201824
`
`
`
`

`

`Respondent Bozhou Wanxingyu Technology Co.
`Ltd.
`No. 26, Guangming Rd., Qiaocheng Dist.
`Bozhou, Anhui, China, 236800
`Respondent Bozhou Zhongdaxiang Technology
`Co., Ltd.
`No. 41, Zhaoyangzhuang Vil., Dawang Xingzheng
`Vil., Niuji Town, Qiaocheng Dist.
`Bozhou, Anhui, China 236800
`
`☐Via EDIS
`☐Via Hand Delivery
`☒Via Overnight Courier
`☐Via Email
`☐Via EDIS
`☐Via Hand Delivery
`☒Via Overnight Courier
`☐Via Email
`
`/s/ Ethan Song
`Ethan Song
`
`
`
`
`
`
`
`
`
`