Eastman Kodak Company v. Epson Imaging Devices Corporation et al

Filing 18

ORDER re: 15 STIPULATION and [PROPOSED] ORDER Continuing Hearing on Defendants' Joint Motion to Dismiss and Extending Time to File First Amended Complaint and Response Thereto by AU Optronics Corporation, AU Optronics Corporation America, Inc., Eastman Kodak Company. (Foote, John) (Filed on 5/24/2011) (Entered: 05/24/2011 (hearing set 7/8/11) (tf, COURT STAFF) (Filed on 6/7/2011) Modified on 6/8/2011 (ys, COURT STAFF).

1 Karl D. Belgum (CA 122752)
[e-mail]
2 John R. Foote (CA 99674)
[e-mail]
3 Nixon Peabody LLC
One Embarcadero Center, 18th Floor
4 San Francisco, CA 94111
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff
EASTMAN KODAK COMPANY
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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)
11 ANTITRUST LITIGATION
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Master Docket No. 3:07-MD-1827 SI

THIS DOCUMENT RELATES TO:

Case No. 3:10-CV-5452 SI

Case No. 3:10-CV-5452 SI
STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING ON
DEFENDANTS’ JOINT MOTION TO
DISMISS AND EXTENDING TIME TO
FILE FIRST AMENDED COMPLAINT
AND RESPONSE THERETO

EASTMAN KODAK COMPANY

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Plaintiff,

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vs.

Date Action Filed: December 1, 2010

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EPSON IMAGING DEVICES CORPORATION,
19 et al.,
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Defendants.

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Plaintiff and moving Defendants, through the undersigned counsel, request that the Court enter

25 the following order to continue the hearing date and briefing dates on Defendants’ Joint Motion to
26 Dismiss, extend Plaintiff’s time to file a first amended complaint, and extend Defendants’ time to
27 answer or otherwise respond to that first amended complaint.
28

WHEREAS Defendants filed a joint motion to dismiss the Complaint in this action on
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13471921.1

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS’ JOINT MOTION TO DISMISS
AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT AND RESPONSE THERETO

1 May 12, 2011 (“Motion”);
2

WHEREAS the hearing on the Motion is currently scheduled for June 17, 2011;

3

WHEREAS Plaintiff, although it opposes the Motion and believes it to be without

4 merit, intends to exercise its right under Federal Rule of Civil Procedure 15(a) to file a first amended
5 complaint in lieu of filing an opposition to the Motion;
6

WHEREAS pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), Plaintiff has until June 6,

7 2011 to file a first amended complaint, but pursuant to this Court’s Local Rules, its opposition to the
8 Motion is due prior to that date on May 27, 2011;
9

WHEREAS the parties agree that the date of the hearing on the Motion, and associated briefing

10 dates, should be continued such that Plaintiff’s opposition to the Motion is not due prior to the deadline
11 to file a first amended complaint;
12

WHEREAS the parties further agree that Plaintiff may have until June 10 to file a first

13 amended complaint, and Defendants may have 30 days to answer or otherwise respond to a first
14 amended complaint from the date it is filed;
15

THEREFORE, Plaintiff, by its counsel, and Defendants, by the undersigned counsel, who are

16 authorized to execute this stipulation on behalf of all moving Defendants, stipulate and agree as
17 follows:
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1.

Plaintiff’s deadline to file a first amended complaint is extended to June 10, 2011.

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2.

Plaintiff’s deadline to file opposition to the Motion is extended to June 10, 2011.

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3.

Defendants’ deadline to file any reply in support of the Motion is extended to June 24,

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4.

The hearing date for the Motion is to be set for July 8, 2011.

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5.

If Plaintiff files a first amended complaint on or before June 10, 2011, then the Motion

21 2011.

24 shall be withdrawn as moot and the hearing vacated.
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13471921.1

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS’ JOINT MOTION TO DISMISS
AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT AND RESPONSE THERETO

1

6.

Defendants shall have 30 days from the filing of a first amended complaint to answer or

2 otherwise respond to the first amended complaint.
3 DATED: May 20, 2011

/s/ John R. Foote

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Karl D. Belgum (CA Bar No. 122752)
John R. Foote (CA Bar No. 99674)
NIXON PEABODY LLC
One Embarcadero Center, 18th Floor
San Francisco, CA 94111
[phone] (Phone)
[phone] (Facsimile)
[e-mail]
[e-mail]

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Counsel for Plaintiff Eastman Kodak Company

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By:

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/s/ Christopher A. Nedeau
Christopher A. Nedeau (CA Bar No. 81297)
NOSSAMAN LLP
50 California Street, 34th Floor
San Francisco, California 94111-4799
[phone] (Phone)
[phone] (Facsimile)
[e-mail]
Counsel for Defendants AU Optronics Corporation
and AU Optronics Corporation America

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

20 this document has been obtained from the signatories to this document.
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Having considered the foregoing stipulation, and good cause appearing therefor,
PURSUANT TO STIPULATION, IT IS SO ORDERED.

6/7/11
24 Date: ________________
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By: _______________________________________
Judge of the U.S. District Court, N.D. California

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13471921.1

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS’ JOINT MOTION TO DISMISS
AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT AND RESPONSE THERETO