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

Filing 141

ORDER APPROVING STIPULATION FOR RELEASE OF ATTACHED FUNDS DEPOSITED WITH THE UNITED STATES MARSHALS SERVICE. Signed by Judge Maxine M. Chesney on July 14, 2009. (mmclc1, COURT STAFF) (Filed on 7/14/2009)

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 8 9 10 11 12 SONY ERICSSON MOBILE
COMMUNICATIONS AB, Case No. 3:09-CV-01326 MMC (BZ) STIPULATION AND ORDER FOR RELEASE OF ATTACHED FUNDS DEPOSITED WITH THE UNITED STATES MARSHALS SERVICE AND ORDER THEREON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

13 14 15
v.

Petitioner,

DELTA ELECTRONICS (THAILAND) 16 PUBLIC COMPANY LIMITED,

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Respondent.

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STIP. & ORDER FOR RELEASE OF FUNDS

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Petitioner and Respondent stipulate: 1. Petitioner Sony Ericsson Mobile Communications, AB ("Sony Ericsson") filed a

3 Petition to Confirm Arbitration Award. By Order filed June 26, 2009, the Court granted Sony 4 Ericsson's Petition, directing entry of Judgment in favor of Sony Ericsson and against respondent 5 Delta Electronics (Thailand) Public Company Limited ("Delta") in the amount of $3,657,393.80. 6 The Clerk of the Court entered Judgment in that amount on July 1, 2009. 7
2. During the course of this action, Sony Ericsson also applied for and obtained a right

8 to attach order against accounts receivable and amounts owed to respondent Delta by third parties 9 located in California, including DET Logistics (USA) Corporation ("DET Logistics"), up to the 10 amount of $3,562,737.81. Sony Ericsson levied the Writ of Attachment on DET Logistics on or 11 about June 24, 2009. In response, DET Logistics deposited $3,562,737.81 with the United States 12 Marshals Service, Northern District of California, on June 26, 2009. 13
3. Delta wishes to use these attached funds deposited with the Marshals Service to

14 satisfy, in part, the Judgment entered by the Court. 15
4. Delta and Sony Ericsson stipulate and agree that the Court may enter an order

16 pursuant to Fed. R. Civ. P. 64 and California Code of Civil Procedure 488.730, ordering the 17 release of the attached funds in the amount of $3,562,737.81 to Sony Ericsson by check payable to 18 "Sheppard Mullin Richter & Hampton, LLP, as attorneys for Sony Ericsson Mobile 19 Communications AB". 20
IT IS SO STIPULATED. SHEPPARD MULLIN RICHTER & HAMPTON LLP

21 Dated July 13, 2009 22 23 24 25 Dated: July 13, 2009 26 27 28

By

_/s/ Brian R. Blackman BRIAN R. BLACKMAN Attorneys for Petitioner

_______________

FISH & RICHARDSON P.C. By _/s/ Keeley I. Vega__________________________ KEELEY I. VEGA Attorneys for Respondent

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STIP. & ORDER FOR RELEASE OF FUNDS

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CERTIFICATION I, Brian Blackman, am the ECF User whose identification and password are being used to

3 file this Stipulation And Order For Release Of Attached Funds Deposited With The United States 4 Marshals Service. In compliance with General Order 45.X.B., I hereby attest that Keeley I. Vega 5 has concurred in this filing. 6 Dated July 13, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3W02-WEST:5BB\401653792.1

SHEPPARD MULLIN RICHTER & HAMPTON LLP

By

_/s/ Brian R. Blackman BRIAN R. BLACKMAN

_______________

Attorneys for Petitioner

STIP. & ORDER FOR RELEASE OF FUNDS

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ORDER Having considered the parties' stipulation and in light of the Judgment entered in this

3 matter on July 1, 2009, the Court orders that the United States Marshals Service, Northern District 4 of California, release to petitioner Sony Ericsson Mobile Communications AB the $3,562,737.81 5 deposited with the levying officer by DET Logistics (USA) Corporation on June 26, 2009 in 6 response to a Writ of Attachment levied in this action by issuing a check payable to "Sheppard 7 Mullin Richter & Hampton, LLP, as attorneys for Sony Ericsson Mobile Communications AB". 8 PURSUANT TO STIPULATION, IT IS SO ORDERED.
__ 9 Dated: July 14 , 2009.

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___________________________ United States District Judge

STIP. & ORDER FOR RELEASE OF FUNDS