Dell Inc. et al v. Sharp Corporation et al

Filing 187

ORDER by Judge Judge Illston granting (5050) Stipulation in case 3:07-md-01827-SI; granting (183) Stipulation in case 3:10-cv-01064-SI (tfS, COURT STAFF) (Filed on 3/8/2012)

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CHRISTOPHER A. NEDEAU (SBN 81297)
[e-mail]
CARL L. BLUMENSTEIN (SBN 124158)
[e-mail]
JAMES A. NICKOVICH (SBN 244969)
[e-mail]
NOSSAMAN LLP
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.398.2438

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Attorneys for Defendants
AU Optronics Corporation and
AU Optronics Corporation America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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IN RE: TFT-LCD (FLAT PANEL) ANTITRUST
LITIGATION

Case No. 3:10-cv-01064 SI

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This document Related to
Individual Case No. 3:10-cv-01064 SI

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DELL INC. and DELL PRODUCTS L.P.,

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Case No. 3:07-md-1827 SI
MDL No. 1827

STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
MOTIONS TO COMPEL

Plaintiffs,
v.
SHARP CORPORATION, et al.,
Defendants.

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WHEREAS, AU Optronics Corporation and AU Optronics Corporation America (collectively,

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“AUO”) propounded its Second Set of Special Interrogatories and Second Set of Requests for

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Production of Documents on Dell, Inc. and Dell Products L.P. (collectively, “Dell”) (“AUO’s Settlement

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Discovery Requests”) on November 4, 2011;

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WHEREAS, Dell responded to AUO’s Settlement Discovery Requests on February 7, 2012;

SF_IMAN_267398_1.DOC

Case No. 3:10-cv-01064
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Case No. 3:07-md-1827 SI
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR MOTIONS TO COMPEL

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WHEREAS, the Special Master in the MDL entered an Order re: Hannstar Display

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Corporation’s Motion to Compel Best Buy to Respond Further to Document Request No. 45 on

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February 15, 2012 (Dkt. 4825) (the “Special Master’s February 15, 2012 Order”);

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WHEREAS, the Special Master’s February 15, 2012 Order addresses legal issues germane to
AUO’s request that Dell supplement its responses to AUO’s Settlement Discovery Requests;
WHEREAS, the Special Master granted a motion brought by Best Buy Direct Action Plaintiffs
and Samsung Defendants to stay the Special Master’s February 15, 2012 Order until February 29, 2012;
WHEREAS, Best Buy and Samsung filed an Objection to the Special Master’s February 15,
2012 Order on February 29, 2012 (Dkt. 4964) (the “Best Buy and Samsung Objection”);
WHEREAS, the Best Buy and Samsung Objection is set for hearing before Judge Illston on
April 6, 2012;
WHEREAS, AUO’s deadline to move to compel Dell to supplement its responses to AUO’s
Settlement Discovery Requests is March 8, 2012;
WHEREAS, Dell and AUO would like to wait until the Best Buy and Samsung Objection is

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resolved before beginning the meet and confer process regarding AUO’s Settlement Discovery

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Requests;

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WHEREAS, Dell propounded its First Set of Requests for Admission to AUO Defendants
(“Dell’s Requests for Admission”) on November 4, 2011;

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WHEREAS, AUO responded to Dell’s Requests for Admission on February 6, 2012;

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WHEREAS, Dell’s objections to AUO’s responses to Dell’s Requests for Admission are based

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in part on AUO’s invocation of its employees’ assertions of the Fifth Amendment;
WHEREAS, AUO’s employees assertions of their Fifth Amendment rights could change after
judgment is entered in United States v. AU Optronics, et al., Case # 3:09-cr-00110 (N.D. Cal.);
WHEREAS, Dell’s deadline to move to compel AUO to supplement its responses to Dell’s
Requests for Admission is March 7, 2012;

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NOW, THEREFORE, AUO and Dell, through their undersigned respective counsel, stipulate
and agree as follows:
Case No. 3:10-cv-01064
SF_IMAN_267398_1.DOC
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Case No. 3:07-md-1827 SI
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR AUO TO MOVE TO COMPEL DELL TO SUPPLEMENT ITS RESPONSES TO
AUO’S SECOND SET OF INTERROGATORIES AND SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

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The deadline for AUO to move to compel Dell to supplement its responses to the AUO

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Settlement Discovery Requests shall be extended to fourteen days after the entry of an Order by Judge

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Illston regarding the Best Buy and Samsung Objection to the Special Master’s February 15, 2012 Order.

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The deadline for Dell to move to compel AUO to supplement its responses to Dell’s Requests for

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Admission shall be extended to fourteen days after the entry of judgment in United States v. AU

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Optronics, et al., Case # 3:09-cr-00110 (N.D. Cal.).

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Dated: March 6, 2012
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Debra D. Bernstein, Esq.
Rodney J. Ganske, Esq.
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, GA 30309
[phone] (telephone)
[e-mail]

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By:

/s/ Debra D. Bernstein
Debra D. Bernstein
Attorneys for Plaintiffs Dell Inc. and Dell Products L.P.

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Dated: March 6, 2012

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Christopher A. Nedeau, Esq.
Carl L. Blumenstein, Esq.
James A. Nickovich, Esq.
NOSSAMAN LLP
50 California Street, 34th Floor
San Francisco, CA 94111
[phone] (telephone)
[e-mail]

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By:

/s/ Carl L. Blumenstein
Carl L. Blumenstein
Attorneys for Defendants AU Optronics Corporation
and AU Optronics Corporation America

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Attestation: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this

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document has been obtained from each of the signatories.

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ORDER

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IT IS SO ORDERED.
Dated:

3/8/12
The Honorable Susan Illston
Judge of the United States District Court

Case No. 3:10-cv-01064
SF_IMAN_267398_1.DOC
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Case No. 3:07-md-1827 SI
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR AUO TO MOVE TO COMPEL DELL TO SUPPLEMENT ITS RESPONSES TO
AUO’S SECOND SET OF INTERROGATORIES AND SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS