T-Mobile U.S.A., Inc. v AU Optronics Corporation, et al

Filing 162

Notice of Motion/Stipulation Filed in MDL Master Case by T-Mobile USA Inc re Letter from Messrs. Murray and Foran re Summary Judgment on Track 2 Cases (MDL Dkt. No. 7213) (Attachments: # 1 Proposed Order Re Summary Judgment On Track 2 Cases)(Taylor, Brooke) (Filed on 11/20/2012)

Case3:07-md-01827-SI Document7213 Filed11/20/12 Page1 of 2

CROWELL & MORING
425 MARKET STREET
SAN FRANCISCO
CALIFORNIA 94105-2482

515 SOUTH FLOWER ST., 40TH FLOOR
LOS ANGELES, CA 90017
TELEPHONE: [phone]
FACSIMILE: 213.622.2690
WWW.CROWELL.COM

TELEPHONE: [phone]
FACSIMILE: 415.268.7522
WWW.MOFO.COM

Derek F. Foran
Morrison Foerster
425 Market Street
San Francisco, CA 94105
[e-mail]

Jason C. Murray
Crowell & Moring
515 South Flower St., 40th Floor
Los Angeles, CA 90017
[e-mail]
November 20, 2012

VIA OVERNIGHT DELIVERY AND ELECTRONIC CASE FILING
Honorable Susan Illston, Judge
United States District Court, N.D. California
450 Golden Gate Avenue
Courtroom 10, 19th Floor
San Francisco, CA 94102
Re:

In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 3:07-md-1827-SI;
Individual Case No. 10-cv-1064-SI

Your Honor:
Per the Court’s instructions at the November 7, 2012 CMC, defendants and plaintiffs
have discussed the process for filing summary judgment motions in the Track 2 cases,
and now submit the following proposal for the Court’s consideration.
The Track 2 schedule (like the class and Track 1 schedules before it) includes disclosure
dates for the parties to “provide one paragraph description[s] of each issue/subject of
summary judgment motions.” (See Stipulated Order re Revised Pretrial Schedule For
Track 2 Cases, MDL ECF No. 7139.) Experience has taught us, however, that these
disclosures have not provided the Court or the parties with meaningful guidance
regarding the scheduling of summary judgment motions.
The parties have therefore met and conferred and now jointly propose amendments to the
Track 2 pretrial order to make the summary judgment disclosures more meaningful. The
amendments are set forth in the attached Proposed Order. Specifically, the parties agree
that following an initial exchange of the required descriptions of proposed summary
judgment motions, the parties will jointly meet and confer in good faith regarding the
proposed motions, and thereafter submit to the Court a joint proposed list of summary
judgment motions they expect to file, together with a schedule for briefing and hearing on
those motions. Any disputes concerning proposed motions or the schedule can be
Draft
Attorney-Client Privilege
Attorney Work Product
LAACTIVE-601082889.1

Case3:07-md-01827-SI Document7213 Filed11/20/12 Page2 of 2
Honorable Susan Illston, Judge
November 20, 2012
Page 2

presented to the Court at that time, but we emphasize that the goal is to make a joint
submission of proposed motions to the Court in an effort to minimize disputes. At the
close of expert discovery, the parties would have an opportunity to supplement the joint
list of summary judgment motions to include summary judgment issues based upon new
information or issues raised in the reply expert reports.
By requiring the parties to meet and confer in good faith regarding the substance and
schedule of the proposed motions and to provide the Court with a plan specifying the
number and schedule for proposed motions, we believe this process will avoid the filing
of duplicative motions, will allow the parties to identify motions that may be resolved by
stipulation, will assist the Court in establishing an orderly and predictable schedule, and
will allow the Court to resolve motions more efficiently. The parties confirm that,
without waiving any rights of appeal any party may otherwise have, they will use their
best efforts to ensure that the Court is not burdened by any motions that have already
been filed and resolved on Track 1.
We therefore respectfully request that the Court enter the attached Proposed Order
modifying the summary judgment process for Track 2.

Respectfully Submitted,

Respectfully Submitted,

/s/ Derek F. Foran

/s/ Jason C. Murray

On behalf of all Track 2
Defendants

On behalf of all Track 2
Plaintiffs

LAACTIVE-601082889.1