Page:United States Statutes at Large Volume 113 Part 1.djvu/221

 PUBLIC LAW 106-37-JULY 20, 1999 113 STAT. 197 (2) WILLINGNESS TO ENGAGE IN ADR.— The written statement shall state whether the prospective defendant is willing to engage in alternative dispute resolution. (3) INADMISSIBILITY. — A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations. (4) PRESUMPTIVE TIME OF RECEIPT.— For purposes of paragraph (1), a notice under subsection (a) is presumed to be received 7 days after it was sent. (5) PRIORITY.—^A prospective defendant receiving more than one notice under this section may give priority to notices with respect to a product or service that involves a hesdth or safety related Y2K failure. (d) FAILURE TO RESPOND.—I f a prospective defendant— (1) fails to respond to a notice provided pursuant to subsection (a) within the 30 days specified in subsection (c)(1); or (2) does not describe the action, if any, the prospective defendant has taken, or will teike, to address the problem identified by the prospective plaintiff", the prospective plaintiff" may immediately commence a legal action against that prospective defendant. (e) REMEDIATION PERIOD. — (1) IN GENERAL. — If the prospective defendant responds and proposes remedial action it will take, or offers to engage in alternative dispute resolution, then the prospective plaintiff shall allow the prospective defendant an additional 60 days from the end of the 30-day notice period to complete the proposed remedial action or alternative dispute resolution before commencing a legal action against that prospective defendsint. (2) EXTENSION BY AGREEMENT. —The prospective plaintiff and prospective defendant may change the length of the 60- day remediation period by written agreement. (3) MULTIPLE EXTENSIONS NOT ALLOWED.—Except as provided in paragraph (2), a defendant in a Y2K action is entitled to no more than one 30-day period and one 60-day remediation period under paragraph (1). (4) STATUTES OF LIMITATION, ETC., TOLLED.— Any applicable statute of limitations or doctrine of laches in a Y2K action to which paragraph (1) applies shall be tolled during the notice £Uid remediation period under that paragraph. (f) FAILURE TO PROVIDE NOTICE. —I f a defendant determines that a plaintiff" has filed a Y2K action without providing the notice specified in subsection (a) or without awaiting the expiration of the appropriate waiting period specified in subsection (c), the defendant may treat the plaintiff's complsdnt as such a notice by so infonning the court and the plaintiff" in its initial response to the plaintiff. If any defendant elects to treat the complaint as such a notice— (1) the court shall stay all discovery and all other pro- Courts. ceedings in the action for the appropriate period Eifl^er filing of the complaint; and (2) the time for filing answers and all other pleadings shall be tolled during the appropriate period.

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