Dell Inc. et al v. Hitachi-LG Data Storage, Inc. et al

Filing 85

STIPULATION AND ORDER (2319 in 3:10-md-02143-RS), (84 in 3:13-cv-03350-RS) RE MODIFICATION OF BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS SPECIFIC TO THE DELL ACTION. Signed by Judge Richard Seeborg on 6/28/17. (cl, COURT STAFF) (Filed on 6/28/2017)

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Michael P. Kenny, Esq. (admitted pro hac vice)
[e-mail]
Debra D. Bernstein, Esq. (admitted pro hac vice)
[e-mail]
Rodney J. Ganske, Esq. (admitted pro hac vice)
[e-mail]
Andrew J. Tuck, Esq. (admitted pro hac vice)
[e-mail]
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Tel: [phone]
Facsimile: [phone]

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James M. Wagstaffe, Esq. (State Bar No. 95535)
[e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105-1576
TEL: [phone]
FAX: [phone]

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Attorneys for Plaintiffs Dell Inc. and Dell Products L.P.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE: OPTICAL DISK DRIVE PRODUCTS
ANTITRUST LITIGATION

Case No.: 3:13-cv-03350-RS
MDL No. 2143

This Document Relates to:
Dell Inc. and Dell Products L.P. v. Hitachi-LG
Data Storage Inc., et al., No. 3:13-cv-03350-RS

JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING MODIFICATION
OF BRIEFING SCHEDULE FOR
DISPOSITIVE MOTIONS SPECIFIC TO
THE DELL ACTION
Hon. Richard Seeborg

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHED. MODIFICATION Case No. 3:13-cv-3350-RS

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Plaintiffs Dell Inc. and Dell Products L.P. (collectively, “Dell”), and Defendants Samsung

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Electronics Co., Ltd., Samsung Electronics America Inc., Toshiba Corporation, Toshiba Samsung

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Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp., and Toshiba

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America Information Systems, Inc. (collectively, “Samsung and Toshiba Defendants”), by and

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through undersigned counsel, stipulate and agree to the below:

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WHEREAS, on January 25, 2017, this Court entered a Case Management Order (“Case

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Management Order”) setting a schedule for summary judgment motions and other deadlines in the

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multi-district litigation styled In re Optical Disk Drive Antitrust Litig., MDL No 2143 (the “MDL”)

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(Dkt. No. 2211);

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WHEREAS, the Case Management Order set a June 30, 2017 deadline for dispositive
motion(s) in the MDL;
WHEREAS, the Case Management Order set a July 21, 2017 deadline for Daubert motions in
the MDL;
WHEREAS, Dell has reached an agreement in principle with the Samsung and Toshiba
Defendants concerning a resolution between Dell and the Samsung and Toshiba Defendants;

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WHEREAS, in order to complete settlement negotiations and finalize the terms of any

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settlement agreement, and in the interests of judicial economy, Dell and the Samsung and Toshiba

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Defendants request that the Court temporarily take off calendar the June 30 and July 21 deadlines for

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Dell and the Samsung and Toshiba Defendants to file any dispositive and Daubert motions specific to

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Dell in the Dell Action only (Dell Inc. and Dell Products L.P. v. Hitachi-LG Data Storage Inc., et al.,

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No. 3:13-cv-03350-RS, the “Dell Action”);

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WHEREAS, in the unlikely event that an agreement between Dell and the Samsung and

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Toshiba Defendants is not reached, counsel for Dell and the Samsung and Toshiba Defendants agree

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to meet and confer in good faith to agree on and submit a joint report regarding the need for a revised

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briefing schedule, and (if necessary) a proposed revised briefing schedule, for dispositive and/or

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Daubert motions specific to the Dell Action, no later than July 14, 2017;

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WHEREAS, that joint report (if necessary) will ensure that any dispositive and/or Daubert

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motion briefing specific to the Dell Action is fully submitted at least seven (7) days prior to any hearing

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHED. MODIFICATION Case No. 3:13-cv-3350-RS

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on dispositive motions which is set in the MDL to ensure that dispositive motions specific to the Dell

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Action could be heard on the same hearing date as other dispositive motions in the MDL; and

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WHEREAS, nothing in this Stipulation alters or is intended to alter any other dates or Orders
of this Court in the MDL or in any other individual or related action;
NOW, THEREFORE, IT IS HEREBY JOINTLY STIPULATED by and between the
undersigned counsel for Dell and the Samsung and Toshiba Defendants, as follows:
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The filing deadlines for Dell and the Samsung and Toshiba Defendants to file

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dispositive and Daubert motions specific to the Dell Action are taken off calendar. No later than July

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14, 2017, Dell and the Toshiba and Samsung Defendants shall submit to this Court a joint report

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regarding the need for a revised briefing schedule, and (if necessary) a proposed revised briefing

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schedule, for dispositive and Daubert motions specific to the Dell Action.

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IT IS SO STIPULATED.
Dated: June 28, 2017

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ALSTON & BIRD LLP
Counsel for Plaintiffs Dell Inc. and Dell Products L.P.
/s/ Rodney J. Ganske

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Dated: June 28, 2017
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O’MELVENY & MYERS LLP
Attorneys for Defendants Samsung Electronics Co., Ltd.
and Samsung Electronics America, Inc.
/s/ Ian Simmons

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LATHAM & WATKINS LLP
Attorneys for Defendants Toshiba Corporation,
Toshiba Samsung Storage Technology Corp., Toshiba
Samsung Storage Technology Korea Corp., and
Toshiba America Information Systems, Inc.

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/s/ Belinda S Lee

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Dated: June 28, 2017

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ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this

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document has been obtained from each of the other signatories.

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Dated: June 28, 2017

/s/ Rodney J. Ganske

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHED. MODIFICATION Case No. 3:13-cv-3350-RS

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PURSUANT TO STIPULATION, AND WITH GOOD CAUSE APPEARING
THEREFORE, IT IS SO ORDERED

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6/28/17
DATED: ____________________________

_______________________________
HONORABLE RICHARD G. SEEBORG
United States District Judge
Northern District of California

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHED. MODIFICATION Case No. 3:13-cv-3350-RS