Sony Ericsson Mobile Communications AB v. Delta Electronics (Thailand) Public Company Limited

Filing 101

ORDER RE: RESPONDENT'S WITHDRAWAL OF JURISDICTIONAL ARGUMENTS IN ITS OPPOSITION TO PETITION TO CONFIRM AWARD AND CROSS-MOTION TO DISMISS. Pursuant to the parties' stipulation, the Court has personal jurisdiction over respondent in this case . Within 24 hours of the execution of this order, petitioner shall advise the non-parties identified in the stipulation that petitioner withdraws the subpoenas it has issued to them, and shall provide respondent copies of such withdrawals. Signed by Judge Maxine M. Chesney on June 10, 2009. (mmclc1, COURT STAFF) (Filed on 6/10/2009)

1 SHEPPARD MULLIN RICHTER & HAMPTON LLP 2 3 4 5 6
A Limited Liability Partnership Including Professional Corporations CHARLES S. DONOVAN, Cal. Bar No. 103667 BRIAN R. BLACKMAN, Cal. Bar No. 196996 ELISE SARA, Cal. Bar. No. 253813 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 Telephone: [phone] Facsimile: 415-434-3947 Email: [e-mail] MOBILE COMMUNICATIONS AB

7 Attorneys for Petitioner SONY ERICSSON
David J. Miclean (#115098/[e-mail]) Keeley I. Vega (#259928/[e-mail]) 9 FISH & RICHARDSON P.C. 10 500 Arguello Street, Suite 500 Redwood City, CA 94063 11 Telephone: [phone] Facsimile: [phone]

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Attorneys for Respondent 13 DELTA ELECTRONICS (THAILAND) PUBLIC COMPANY LIMITED

14 15 16 17 18 19 SONY ERICSSON MOBILE
COMMUNICATIONS AB, Case No. 3:09-CV-01326 MMC (BZ) STIPULATION AND ORDER RE RESPONDENT S WITHDRAWAL OF JURISDICTIONAL ARGUMENTS IN ITS OPPOSITION TO PETITION TO CONFIRM AWARD AND CROSSMOTION TO DISMISS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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v.

Petitioner,

DELTA ELECTRONICS (THAILAND) 23 PUBLIC COMPANY LIMITED, "DELT ELECTRONICS PU

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Respondent.

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STIPULATION & ORDER RE JURISDICTION
3:09-CV-01326 MMC (BZ)

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Petitioner and Respondent stipulate: 1. Delta Electronics (Thailand) Public Company Limited ( Delta ) submits to this

3 Court s personal jurisdiction in this case and accordingly withdraws its claims concerning lack of 4 jurisdiction in the pleading titled Respondent s Opposition to And Notice of Cross-Motion and 5 Cross-Motion to Dismiss Petitioner s Petition to Confirm Arbitration Award, (Doc. No. 71). 6 Specifically, Delta withdraws the arguments set forth in Section IV-A of that pleading and the 7 jurisdictional grounds for its motion to dismiss. Delta does not withdraw any other portion of its 8 Opposition or any other ground for relief set forth in its motion to dismiss or stay, including forum 9 non conveniens, international comity, international abstention, and the lack of merit of the 10 underlying award found in sections I, II, III, IV.B IV.D, V, VI, and VII. This stipulation does 11 not preclude Sony from arguing that such issues have already been determined by the Court. 12
2. Sony Ericsson Mobile Communications AB ( Sony ) had sought by subpoena

13 discovery to establish personal or quasi in rem jurisdiction. Upon the Court s execution of the 14 order below, that discovery will be unnecessary. Therefore, effective upon execution, Sony will 15 withdraw its third party subpoenas issued to Delta Products Corporation, DET Logistics (USA) 16 Corporation, Apple, Inc., Wanco, Inc., Brocade Communications Systems, Inc., Hewlett-Packard 17 Company, Sanmina-SCI Corporation, and Hon Hai Precision Industry Co. Ltd. and shall so advise 18 the subpoenaed parties within 24 hours of the Court s execution of the order below. 19 SHEPPARD MULLIN RICHTER & HAMPTON LLP 20 Dated: June 9, 2009 21 By 22 23 24 25
FISH & RICHARDSON P.C. Dated: June 8, 2009 /s/ David J. Miclean DAVID J. MICLEAN Attorneys for Respondent _/s/ Charles S. Donovan _______________ CHARLES S. DONOVAN Attorneys for Petitioner

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STIP. & ORDER RE JURISDICTION
. 3:09-CV-01326 MMC (BZ)

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Having considered the parties stipulation, the Court orders: 1. Pursuant to stipulation, the Court has personal jurisdiction over Respondent

3 in this case. 4
2. Within 24 hours of the Court s execution of this order, Sony shall advise

5 Delta Products Corporation, DET Logistics (USA) Corporation, Apple, Inc., Wanco, Inc., Brocade 6 Communications Systems, Inc., Hewlett-Packard Company, Sanmina-SCI Corporation, and Hon 7 Hai Precision Industry Co. Ltd. that Petitioner withdraws the subpoenas it has issued to them, and 8 shall provide Delta copies of such withdrawals. 9 Dated: June 10, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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___________________________ United States District Judge

-3STIP. & ORDER RE JURISDICTION
. 3:09-CV-01326 MMC (BZ)