Fenerjian v. Nong Shim Company, Ltd et al

Filing 210

STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS - Motion Hearing set for 11/3/2015 03:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick as to 206 MOTION for Settlement for Good Faith and Bar Or der, 205 MOTION for Settlement Direct Purchaser Plaintiffs' Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, and 207 MOTION for Settlement Indirect Purchaser Plaintiffs' Notice of Motion and Motion for Preliminary Approval of Class Action Settlement with Defendant Samyang Foods Co., Ltd. Signed by Judge William H. Orrick on 09/28/2015. (jmdS, COURT STAFF) (Filed on 9/29/2015)

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Alan R. Plutzik (State Bar No. 77785)
BRAMSON, PLUTZIK, MAHLER
& BIRKHAEUSER LLP
2125 Oak Grove Road
Walnut Creek, CA 94598
Telephone: [phone]
[e-mail]

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Interim Liaison Counsel for the Indirect Purchaser Plaintiffs
Christopher L. Lebsock (State Bar No. 184546)
HAUSFELD LLP
600 Montgomery Street, Suite 3200
San Francisco, California 94104
Telephone: [phone]
[e-mail]
Interim Co-Lead Counsel for the Direct Purchaser Plaintiffs
[Additional Counsel Listed on Signature Page]
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 3:13-cv-04115-WHO
IN RE KOREAN RAMEN ANTITRUST
LITIGATION

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STIPULATION AND ORDER TO
SHORTEN TIME FOR HEARING
ON VARIOUS MOTIONS [L.R. 6-2]

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Judge: Hon. William H. Orrick

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This Document Relates to:

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All Actions

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STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS

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STIPULATION

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The Direct Purchaser Plaintiffs and Indirect Purchaser Plaintiffs (collectively, “Plaintiffs”) in

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the above-captioned consolidated action (the “Action”), as well as all Defendants remaining in the

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Action, by and through their respective counsel of record, stipulate as follows:

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WHEREAS, on September 21, 2015, the Direct Purchaser Plaintiffs and Indirect Purchaser

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Plaintiffs each submitted a Notice of Motion and Motion for Preliminary Approval of Class Action

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Settlement with Defendant Samyang Foods Co., Ltd. (“Samyang”) along with accompanying

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documents. [Dkt. Nos. 205, 207];

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WHEREAS, the issue on the Motions is whether the proposed settlements are within the range

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of possible approval such that they should be given further consideration and notice should be sent to

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the classes. Neither Plaintiffs nor Samyang expect that the motions for preliminary approval of the

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settlements will be opposed, except that the Nongshim and Ottogi Defendants will oppose the

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Motions to the extent a stay of discovery as to Samyang is sought that any party may assert applies to

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discovery from the Nongshim and Ottogi Defendants to Samyang as a party, propounded to Samyang

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before any final judgment is entered as to Samyang. Samyang does not concede this interpretation of

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the stay provision contained in the Settlement Agreements but will address this position in its reply to

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any opposition(s) to the Motions;

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WHEREAS, that same day, Samyang filed a motion for Settlement for Good Faith and Bar

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Order. [Dkt. Nos 206] (this motion, along with the two motions for preliminary approval of settlement

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are the “Motions”);

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WHEREAS, pursuant to Local Rule 7-3, the schedule regarding the Motions is that (1) any

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opposition is due on October 5, 2015, and (2) reply is due by October 12, 2015. The hearing on the

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above Motions is scheduled for November 18, 2015 at 2:00 pm.; and

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WHEREAS, the Settlement Agreement with Samyang provides for agreed-upon deposition

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discovery with Samyang once the settlement with Samyang is preliminarily approved. See Settlement

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Agreements at ¶ 21(b). Given that non-expert discovery closes on January 31, 2016, [Dkt No. 127],

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Plaintiffs wish to begin depositions on Samyang employees as soon as possible to meet this discovery

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deadline. If this hearing date is not moved up, Plaintiffs are concerned that it may complicate efforts
STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS

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to complete discovery by the deadline.

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NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to approval of the Court, that:

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1.

The briefing schedule will remain in place, whereby opposition to the above Motions,

if any, is to be filed on or before October 5, 2015; and reply, if any, is due to be filed on October 12,
2015;
2.

The hearing on the above Motions, originally scheduled for November 18, 2015, at

2:00 p.m., shall instead be heard on shortened time after the above-referenced briefing deadlines,
subject to the availability of the Court;
3.

Samyang will respond to the discovery already propounded on September 18, 2015 by

the Nongshim and Ottogi Defendants, and Samyang will respond to the Nongshim and Ottogi
Defendants’ deposition scheduling request under Local Rule 30-1 before October 5, 2015; and
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All parties to this Stipulation will consult with each other in advance about proposed

deposition dates of Samyang employees or former employees.

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IT IS SO STIPULATED.
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DATED: September 29, 2015

/s/
Alan R. Plutzik
Alan R. Plutzik (State Bar No. 77785)
BRAMSON, PLUTZIK, MAHLER
& BIRKHAEUSER LLP
2125 Oak Grove Road
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Interim Liaison Counsel For the Indirect
Purchaser Plaintiffs

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Mark P. Kindall (State Bar No. 138703)
Robert A. Izard (admitted pro hac vice)
IZARD NOBEL LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS
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Interim Lead Counsel for the Indirect Purchaser
Plaintiffs

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DATED: September 29, 2015

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/s/ Christopher L. Lebsock
Christopher L. Lebsock (State Bar No. 184546)
HAUSFELD LLP
600 Montgomery Street
Suite 3200
San Francisco, California 94104
Telephone: [phone]
Email: [e-mail]
Lee Albert (admitted pro hac vice)
Gregory B. Linkh (admitted pro hac vice)
GLANCY PRONGAY & MURRAY LLP
122 East 42nd Street, Suite 2920
New York, NY 10168
TEL: [phone]
EMAIL: [e-mail]
[e-mail]

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Interim Lead Counsel for the Direct Purchaser
Plaintiffs

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DATED: September 29, 2015

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Attorneys for Defendants Nongshim America,
Inc., and Nongshim Co., Ltd.

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/s/ Mark C. Dosker
Mark C. Dosker (State Bar No. 114789)
Anne C. Goodwin (State Bar No. 216244)
Kate E. Kim (admitted pro hac vice)
SQUIRE PATTON BOGGS (US) LLP
275 Battery Street, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

DATED: September 29, 2015

/s/
Joel S. Sanders
Joel S. Sanders (State Bar No. 107234)
Minae Yu (State Bar No. 268814)
GIBSON, DUNN & CRUTCHER, LLP

STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS

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555 Mission Street, Suite 3000
San Francisco, CA 94105-2933
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants Ottogi America, Inc.
and Ottogi Company, Ltd.

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DATED: September 29, 2015

/s/
Elizabeth D. Mann
Elizabeth D. Mann (State Bar No. 106524)
MAYER BROWN, LLP
350 South Grand Avenue, 25tth Floor
Los Angeles, CA
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant SamYang Foods
Company, Ltd.

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STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS

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ORDER

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Pursuant to Stipulation, the Motions originally scheduled for hearing on November 18,

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2015, at 2:00 p.m., are now scheduled to be heard on November 3, 2015, at 3:00 p.m., at the United

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States Courthouse, Courtroom 2, 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.

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IT IS SO ORDERED.
DATED: September 29, 2015

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_________________________________________
Hon. William H. Orrick
United States District Judge

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ORDER

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