Washington State v. AU Optronics Corporation et al

Filing 59

ORDER GRANTING SHORTEN TIME (tf, COURT STAFF) (Filed on 12/21/2010)

Washington State v. AU Optronics Corporation et al

Doc. 59

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Garrard R. Beeney (NY Reg. No. 1656172) ([e-mail]) SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004-2498 Telephone: [phone] Facsimile: [phone] Brendan P. Cullen (SBN 194057) ([e-mail]) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Philips Electronics North America Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Master File No. M07-1827 SI MDL No. 1827 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE Judge: The Hon. Susan Illston Courtroom: 10, 19th Floor Hearing Date: February 18, 2011 Hearing Time: 9:00 a.m.

IN RE TFT-LCD (FLAT PANEL) 14 ANTITRUST LITIGATION 15 This Document Relates To: Case No. 09-5609 16 17 18 v. 19 AU OPTRONICS CORPORATION, et al., 20 21 22 23 24 25 26 27 28
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NOKIA CORPORATION and NOKIA, INC., Plaintiffs,

Defendants.

STIPULATION & [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE MASTER FILE NO. M 07-1827 SI

Dockets.Justia.com

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SULLIVAN & CROMWELL LLP

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; WHEREAS, the parties, having made progress towards an agreed resolution of the matter, continue to engage in constructive discussions regarding Nokia's claims against PENAC, and

STIPULATION & [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE MASTER FILE NO. M 07-1827 SI

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believe that they would benefit from an additional, limited extension of time to engage in these discussions; 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 February 18, 2011, shall be continued until February 25, 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 January 11, 2011; and (3) PENAC will file any reply to Nokia's opposition on or before February 7, 2011. IT IS SO ORDERED DATED: HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

STIPULATION & [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE MASTER FILE NO. M 07-1827 SI

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Attestation: The filer of this document attests that the concurrence of the other signatories

2 thereto has been obtained. 3 Dated: December 20, 2010 4 5 6 7 8 9 10 11 12 13 14 15 16 Dated: December 20, 2010 17 18 19 20 21 22 23 24 25 26 27 28
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/s/ Brendan P. Cullen Brendan P. Cullen STIPULATED AND AGREED TO BY: Dated: December 20, 2010 /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 /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 & [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE MASTER FILE NO. M 07-1827 SI