Korea Kumho Petrochemical Co Ltd v. Flexsys America LP et al

Filing 118

ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT. Defendants' opposition shall be filed no later than October 28, 2008, and plaintiff's reply shall be filed no later than November 12, 2 008. The October 31, 2008 hearing is vacated, and will be reset after the Court makes its determination as to whether a suggestion of remand is appropriate. Signed by Judge Maxine M. Chesney on October 8, 2008. (mmclc1, COURT STAFF) (Filed on 10/8/2008)

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Gibson, Dunn & Crutcher LLP

GIBSON, DUNN & CRUTCHER LLP DANIEL G. SWANSON, SBN 116556 [e-mail] ANDREW Z. EDELSTEIN, SBN 218023 [e-mail] 333 South Grand Avenue Los Angeles, California 90071-3197 Telephone: [phone] Facsimile: [phone] GIBSON, DUNN & CRUTCHER LLP D. JARRETT ARP, pro hac vice [e-mail] ADAM J. DI VINCENZO, pro hac vice [e-mail] 1050 Connecticut Avenue, N.W. Washington, D.C. 20036-5306 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants FLEXSYS AMERICA L.P. and FLEXSYS N.V. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE RUBBER CHEMICALS ANTITRUST LITIGATION

CASE NO. M:04-cv-01648-MMC STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT

THIS DOCUMENT RELATES TO: C-07-1057-MMC

STIPULATION WHEREAS, on September 23, 2008 Plaintiff Korea Kumho Petrochemical Co., Ltd. filed a Notice of Motion and Motion for Leave to File a Supplemental Complaint (07-1057 ECF Doc. # 111; 04-1648 ECF Doc. # 715) (the "Motion"); WHEREAS, Defendants intend to oppose the Motion and their Opposition is currently due on or before Friday, October 10, 2008; WHEREAS, the parties have met and conferred and agreed on a mutually convenient briefing schedule for the Motion as follows: Defendants' Opposition to the Motion shall be due on or before
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT MASTER DOCKET: 04-1648-MMC/RELATES TO: 07-1057-MMC

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October 28, 2008; and Plaintiff's Reply in Support of the Motion shall be due on or before November 12, 2008; WHEREAS, in addition to the Motion, the Court currently has pending before it a determination of whether a suggestion of remand to the JPML is appropriate and has deferred ruling on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint pending that determination; and WHEREAS, the parties respectfully request that the Court defer setting a hearing date for the Motion until such time as the Court makes its determination as to whether a suggestion of remand to the JPML is appropriate. IT IS THEREFORE AGREED AND STIPULATED THAT: The Parties propose that: (1) Defendants' Opposition to the Motion be due on or before October 28, 2008; (2) Plaintiff's Reply in Support of the Motion be due on or before November 12, 2008; and (3) the hearing on the Motion be deferred until after the Court makes its determination as to whether a suggestion of remand to the JPML is appropriate. [PROPOSED] ORDER OF THE COURT PURSUANT TO STIPULATION, IT IS ORDERED

October 8, 2008 DATED:__________________

____________________________________ U.S. District Court Judge

Respectfully submitted, DATED: October 8, 2008 GIBSON, DUNN & CRUTCHER LLP By: /s/ Andrew Z. Edelstein

Attorneys for Defendants FLEXSYS AMERICA L.P. and FLEXSYS N.V. 2

Gibson, Dunn & Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT MASTER DOCKET: 04-1648-MMC/RELATES TO: 07-1057-MMC

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Gibson, Dunn & Crutcher LLP

DATED: October 8, 2008

HELLER EHRMAN LLP WILLIAM H. FORMAN, SBN 150477 [e-mail] JEFFREY A. RICHMOND, SBN 155808 [e-mail] HELEN H. CHO, SBN 240531 [e-mail] BETHANY L. MARVIN, SBN 245672 [e-mail] 355 South Hope Street Los Angeles, CA 90071-3043 Telephone: [phone] Facsimile: [phone] /s/ William H. Forman

ROBERT G. BADAL [e-mail] WILMER CUTLER PICKERING HALE & DOOR LLP 350 South Grand Avenue, Suite 2100 Los Angeles CA 90071 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff KOREA KUMHO PETROCHEMICAL CO., LTD.

Per General Order No. 45, Rule X, I hereby attest that concurrence in the filing of this document has been obtained from William H. Forman. By:
100534192_1.DOC

/s/ Andrew Z. Edelstein

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT MASTER DOCKET: 04-1648-MMC/RELATES TO: 07-1057-MMC