Fenerjian v. Nong Shim Company, Ltd et al

Filing 170

Order by Magistrate Judge Donna M. Ryu granting 168 Stipulation.(dmrlc2, COURT STAFF) (Filed on 5/7/2015)

Case3:13-cv-04115-WHO Document168 Filed05/06/15 Page1 of 4

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Lee Albert
Gregory B. Linkh
GLANCY PRONGAY & MURRAY LLP
122 East 42nd Street Suite 2920
New York, NY 10168
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Plaintiff The Plaza Company
(Additional Counsel Listed on Signature Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE KOREAN RAMEN ANTITRUST
LITIGATION,

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STIPULATION AND [PROPOSED]
ORDER

THIS DOCUMENT RELATES TO:

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Case No. 3:13-cv-04115-WHO-DMR

All Actions

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WHEREAS, the Court has issued a Confidentiality Protective Order on March 24, 2015 (Dkt
No. 161) pursuant to the parties’ Stipulation;
WHEREAS, Plaintiffs have served on Defendants and on non-parties, and Defendants may
serve on Plaintiffs (therefore including their co-counsel in Korea) and on non-parties, various
Requests for the Production of Documents and other discovery demands that concern documents
located in the Republic of Korea;
WHEREAS, Korea’s Personal Information Protection Act (“PIPA”) and related statutes
including pertinent sections of the Korean Criminal Code (collectively, the “Data Privacy Laws”)
protect against the disclosure of certain personal information;

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-04115-WHO-DMR

Case3:13-cv-04115-WHO Document168 Filed05/06/15 Page2 of 4

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WHEREAS, Article 2, Section 1 of PIPA defines “personal information” as “information

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pertaining to any living person that makes it possible to identify such individual by his/her name

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and resident registration number, image, etc.”;

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WHEREAS, Article 15, Section 2, PIPA, in combination with Article 20, Korean Criminal

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Code and the decision of the Korean Supreme Court, 2007Do6243; issued December 25,

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2009), allows collection and use of such information “[w]here special provisions exist in laws or it

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is unavoidable so as to observe legal obligations” and where a party incurs the risk of Court ordered

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sanctions if it fails to comply with a Court Order specifying the production of documents or other

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information located in Korea and covered by the Data Privacy Laws;

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WHEREAS, the parties agree that certain information subject to the Data Privacy Laws may
be relevant to the subject matter of this litigation;

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WHEREAS, the parties desire to resolve issues and concerns relative to compliance with the

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Data Privacy Laws by this Stipulation and Order, but do not by this stipulation intend to address or

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resolve any other objection any party or non-party may have to producing information sought in

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this litigation, all such objections being expressly preserved;

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NOW THEREFORE, it is hereby STIPULATED, by and between the undersigned counsel
for the parties, subject to Order of the Court, as follows:

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To the extent that any party or non-party produces information to any party in this litigation

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and such information is covered by the Data Privacy Laws, this Court Orders that such information

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be produced subject to the Stipulated Confidentiality Protective Order (Dkt. No. 161) on file in this

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litigation.

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DATED: May 6, 2015

/s/ Lee Albert
Lee Albert
GLANCY PRONGAY & MURRAY LLP
Christopher L. Lebsock
HAUSFELD LLP
Interim Lead Counsel for the Direct Purchaser
Plaintiffs
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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-04115-WHO-DMR

Case3:13-cv-04115-WHO Document168 Filed05/06/15 Page3 of 4

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DATED: May 6, 2015

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/s/ Robert A. Izard
Robert A. Izard
IZARD NOBEL LLP
Interim Lead Counsel for the Indirect Purchaser
Plaintiffs

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DATED: May 6, 2015

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/s/ Mark C. Dosker
Mark C. Dosker
SQUIRE PATTON BOGGS (US) LLP
Attorneys for Defendants
Nongshim Co. Ltd. and Nongshim America, Inc.

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DATED: May 6, 2015
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/s/ Joel S. Sanders
Joel S. Sanders
GIBSON, DUNN & CRUTCHER LLP
Attorneys for Defendants
Ottogi Co. Ltd. and Ottogi America, Inc.

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DATED: May 6, 2015

/s/ Elizabeth Mann
Elizabeth Mann
MAYER BROWN LLP
Attorneys for Defendant
Samyang Foods Co., Ltd.

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-04115-WHO-DMR

Case3:13-cv-04115-WHO Document168 Filed05/06/15 Page4 of 4

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[PROPOSED] ORDER
When any party or non-party produces information in this litigation that is covered by the

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Data Privacy Laws (including but not limited to the production of documents or electronically stored

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information as those terms are used in Federal Rules of Civil Procedure

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34(a)(1)(A) and/or 45, responses to Interrogatories and responses to questions posed at a

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Deposition), this Court Orders, notwithstanding any provision of the Data Privacy Laws to the

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contrary, that such information be produced to the requesting party for use in this litigation, provided

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however that any such production shall be subject to the terms of the Stipulated Confidentiality

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Protective Order (Dkt. No. 161) on file in this litigation.

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May 7, 2015
DATED: ________________________

_____________________________________
United States District/Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-04115-WHO-DMR