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27. The video games at issue that EA purchased were
manufactured in Puerto Rico, except to the extent they were
manufactured in the Dominican Republic.
We refuse to allow respondent to unilaterally reform the
filed stipulation in this matter. We do not accept respondent’s
unilateral explanation that the stipulation means so much less
than it appears to mean.
We conclude that there is no genuine issue as to the
material fact of Puerto Rican manufacture of the relevant video
games.
ii. Control Over Manufacturing Process
Respondent contends as follows:
3. There is a factual dispute as to whether EAPR had any
control over the manufacturing process. According to
Alvarado, there were significant conflicts between EA
and PPI because EA did not want the video games to be
manufactured at PPI’s plant in the Dominican Republic.
Alvarado Decl. �� 34-35. The manufacturing was done by
PPI workers in the Dominican Republic because it was
cheaper. Alvarado Decl. � 22. Obviously, if EA (or
EAPR) had been in control of the manufacturing process,
the video games would not have been manufactured in the
Dominican Republic by PPI against EA’s wishes. Whether
EAPR had any control over the manufacturing process is
directly related to the issue of whether EAPR
controlled and supervised the PPI employees. [Fn. ref.
omitted.]
This asserted genuine issue of material fact is bottomed on
the contention of Dominican Republic manufacture. As we have
pointed out supra, i. Place of Manufacture, the parties’
stipulation has foreclosed this contention. Thus, this
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