Nokia Corporation et al v. AU Optronics Corporation et al

Filing 105

ORDER RE: CONTINUANCE OF PENAC'S MOTION TO DISMISS (RESET TO 6/24/11) (tf, COURT STAFF) (Filed on 3/31/2011)

Nokia Corporation et al v. AU Optronics Corporation et al

Doc. 105

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Randall Allen (State Bar No. 264067) ALSTON + BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: [phone] Facsimile: 650-838-2001 Email: [e-mail] Peter Kontio ([e-mail]) Valarie C. Williams ([e-mail]) B. Parker Miller ([e-mail]) Joann E. Johnston ([e-mail]) Lisa K. Bojko ([e-mail]) Donald M. Houser ([e-mail]) ALSTON + BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404-881-7777 Richard W. Stimson ([e-mail]) ALSTON + BIRD LLP Chase Tower, Suite 3601 2200 Ross Avenue Dallas, Texas 75201 Telephone: [phone] Facsimile: 214-922-3899 Attorneys for Plaintiffs Nokia Corporation and Nokia Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION This Document Relates to: Case Nos. 07-MD1827 and 3:09-CV-5609 NOKIA CORPORATION and NOKIA INC., Plaintiffs, v. AU OPTRONICS CORPORATION et al. Defendants. CASE NO: 3:09-CV-5609 MDL FILE NO: M:07-CV-1827-SII STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

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MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609

Dockets.Justia.com

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WHEREAS, on July 23, 2010, Plaintiffs Nokia Corporation and Nokia, Inc. (collectively, "Nokia") filed an amended complaint (the "Amended Complaint") in the above-captioned action; and WHEREAS, on August 27, 2010, Defendant Philips Electronics North America Corporation ("PENAC") filed a motion to dismiss the Amended Complaint (the "Motion to Dismiss"); and WHEREAS, the return date for the Motion to Dismiss originally was designated to be November 3, 2010; and WHEREAS, on October 7, 2010, PENAC and Nokia entered into a standstill and tolling agreement (the "Tolling Agreement") to provide the parties with an opportunity to engage in discussions regarding possible entry into a further tolling agreement and corresponding suspension of the action as against PENAC; and WHEREAS, on October 21, 2010, the Court approved an extension to the briefing schedule and a continuance of the hearing date to allow for the parties to engage in discussions pursuant to the Tolling Agreement; and WHEREAS, the October 21, 2010 Order provided that (1) the hearing set for November 3, 2010 would be continued until January 13, 2011; (2) Nokia would file any opposition to the Motion to Dismiss on or before December 2, 2010; and (3) PENAC would file any reply to Nokia's opposition on or before December 23, 2010; and WHEREAS, on December 1, 2010, the Court approved a second extension to the briefing schedule and a second continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; and WHEREAS, the December 1, 2010 Order provided that (1) the hearing set for January 13, 2011 would be continued until February 18, 2011; (2) Nokia would file any opposition to the Motion to Dismiss on or before December 21, 2010; and (3) PENAC would file any reply to Nokia's opposition on or before January 17, 2011; and WHEREAS, on December 21, 2010, the Court approved a third extension to the briefing schedule and a third continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; and WHEREAS, the December 21, 2010 Order provided that (1) the hearing set for February 18,
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE 2 MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609

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2011 would be continued until February 25, 2011, or as soon thereafter as the Court could hear the matter; (2) Nokia would file any opposition to the Motion to Dismiss on or before January 11, 2011; and (3) PENAC would file any reply to Nokia's opposition on or before February 7, 2011; WHEREAS, on January 10, 2011, the Court approved a fourth extension to the briefing schedule and a fourth continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; WHEREAS, the January 10, 2011 Order provided that (1) the hearing set for February 25, 2011 would be continued until March 25, 2011, or as soon thereafter as the Court could hear the matter; (2) Nokia would file any opposition to the Motion to Dismiss on or before February 10, 2011; and (3) PENAC would file any reply to Nokia's opposition on or before March 7, 2011; WHEREAS, on March 1, 2011, the Court approved a fifth extension to the briefing schedule and a fifth continuance of the hearing date to allow the parties to finalize the terms of their settlement agreement; WHEREAS, the March 1, 2011 Order provided that that (1) the hearing set for March 25, 2011 would be continued until May 6, 2011, or as soon thereafter as the Court could hear the matter; (2) Nokia would file any opposition to the Motion to Dismiss on or before April 1, 2011; and (3) PENAC would file any reply to Nokia's opposition on or before April 22, 2011; WHEREAS, the parties have reached an agreement in principal to settle the matter and are in the final stages of formalizing that agreement; NOW THEREFORE, PENAC and Nokia, by and through their respective counsel, stipulate and agree, subject to the Court's approval, that (1) the above-mentioned hearing currently set for May 6, 2011, shall be continued until June 24, 2011, or as soon thereafter as the Court may hear the matter; (2) Nokia will file any opposition to the Motion to Dismiss on or before May 13, 2011; and (3) PENAC will file any reply to Nokia's opposition on or before June 10, 2011. IT IS SO ORDERED

DATED:

3/31/11

HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

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MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609

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Attestation: The filer of this document attests that the concurrence of the other signatories thereto has been obtained. Dated: March 31, 2011 /s/ B. Parker Miller B. Parker Miller STIPULATED AND AGREED TO BY:

Dated: March 31, 2011

/s/ Brendan P. Cullen Brendan P. Cullen SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Garrard R. Beeney SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004-2498 Telephone: [phone] Facsimile: [phone] Counsel for Defendant Philips Electronics North America Corporation

Dated: March 31, 2011

/s/ B. Parker Miller B. Parker Miller Peter Kontio Valarie C. Williams ALSTON + BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: [phone] Facsimile: [phone] Randall Allen ALSTON + BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff Nokia Corporation and Nokia Inc.

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

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MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609

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Randall Allen (State Bar No. 264067) ALSTON + BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: [phone] Facsimile: 650-838-2001 Email: [e-mail] Peter Kontio ([e-mail]) Valarie C. Williams ([e-mail]) B. Parker Miller ([e-mail]) ALSTON + BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404-881-7777 Richard W. Stimson ([e-mail]) ALSTON + BIRD LLP Chase Tower, Suite 3601 2200 Ross Avenue Dallas, Texas 75201 Telephone: [phone] Facsimile: 214-922-3899 Attorneys for Plaintiffs Nokia Corporation and Nokia Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION This Document Relates to: All Cases NOKIA CORPORATION and NOKIA INC., Plaintiffs, v. AU OPTRONICS CORPORATION et al. Defendants. I hereby certify that on March 31, 2011, I electronically filed the foregoing STIPULATION

CASE NO: 3:09-CV-5609 MDL FILE NO: 3:07-MD-1827-SI CERTIFICATE OF SERVICE

AND

[PROPOSED]

ORDER

CONTINUING

HEARING

DATE

AND

EXTENDING BRIEFING SCHEDULE with the Clerk of Court using the CM/ECF system
which will automatically send email notification to the parties and counsel of record.
CERTIFICATE OF SERVICE 1 MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609

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This 31st day of March, 2011.

By:

/s/ B. Parker Miller B. Parker Miller ALSTON + BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404-881-7777

CERTIFICATE OF SERVICE

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MASTER FILE NO. 07-MD-1827-SI CASE NO. 3:09-CV-5609