Fenerjian v. Nong Shim Company, Ltd et al

Filing 37

STIPULATION TO EXTEND THE TIME WITHIN WHICH TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT; ORDER THEREON re 34 STIPULATION WITH PROPOSED ORDER. Case Management Conference set for 2/4/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 11/18/2013. (jmdS, COURT STAFF) (Filed on 11/18/2013)

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Squire Sanders (US) LLP
Mark C. Dosker (CA Bar No. 114789)
[e-mail]
Anne Choi Goodwin (CA State Bar # 216244)
[e-mail]
Joseph P. Grasser (CA State Bar # 255156)
[e-mail]
275 Battery Street, Suite 2600
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
NONGSHIM AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STEPHEN FENERJIAN, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
v.
NONG SHIM COMPANY, LTD.;
NONGSHIM AMERICA, INC.; OTTOGI
COMPANY, LTD.; OTTOGI AMERICA,
INC.; SAMYANG FOODS COMPANY LTD.;
SAM YANG (U.S.A.) INC.; KOREA
YAKULT CO, LTD.; KOREA YAKULT CO.,
LTD. D/B/A PALDO AMERICA, and PALDO
COMPANY, LTD.,

Case No. 13-CV-04115-WHO
Class Action
STIPULATION TO EXTEND THE
TIME WITHIN WHICH TO ANSWER
OR OTHERWISE RESPOND TO THE
COMPLAINT; ORDER THEREON
Civil L.R. 6-1(a)

Defendants.

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SQUIRE SANDERS (US) LLP
275 Battery Street, Suite 2600
San Francisco, California 94111

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT;
ORDER THEREON
CASE NO. 13-CV-04115-WHO

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RECITALS

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WHEREAS, on October 7, 2012, through stipulation, the Parties, by and through their

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respective counsel, extended Nongshim America, Inc.’s (“NS America”) time to respond to the

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complaint in this action until November 25, 2013;

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WHEREAS, the Initial Case Management Conference (“CMC”) in this action is currently
set for November 26, 2013;

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WHEREAS, this action is one of ten currently-pending lawsuits arising out of an alleged

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conspiracy to manipulate the prices of Korean noodle products (the “Related Actions”). Each of

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the ten actions names the same four Korea-based companies and their alleged U.S. subsidiaries as

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Defendants;

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WHEREAS, in light of the overlapping factual and legal issues presented by these

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different cases, on September 19, the Plaintiff in this action filed a motion before the Judicial

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Panel on Multidistrict Litigation (“JPML”) to transfer and consolidate the Related Actions (the

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“MDL Motion”);

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WHEREAS, the JPML set the MDL Motion for hearing on December 5 and, in ruling on
that motion, will decide (a) if the cases should be consolidated and (b) in which court;

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WHEREAS, to date, all of the parties that have appeared before the JPML have filed a

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response in support, joinder or non-opposition to transfer the related cases to the Northern District

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of California to be presided over by this Court;

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WHEREAS, the purpose of the MDL Motion is “to eliminate duplicative discovery,

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prevent inconsistent pretrial rulings (especially with respect to class certification matters), and

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conserve the resources of the parties, their counsel and the judiciary.” In re Hypodermic Prods.

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Antitrust Litig., 408 F. Supp. 2d 1356, 1357 (J.P.M.L. 2005);

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WHEREAS, on November 5, 2013, Plaintiff in this action filed a motion for an order (1)

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naming an “Interim Lead Class Counsel” and “Liaison Counsel,” (2) setting a schedule for the

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filing of a “Consolidated Complaint” by the consolidated Plaintiffs and (3) consolidating the

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT;
ORDER THEREON
CASE NO. 13-CV-04115-WHO

SQUIRE SANDERS (US) LLP
275 Battery Street, Suite 2600
San Francisco, California 94111

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following five actions pending in this Court (the “Indirect Purchaser Actions”): Fenerjian v.

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Nong Shim Co., Ltd., Case No. 13-4115-WHO; Bonnington v. Nong Shim Co., Ltd., Case No. 13-

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4296-WHO; Christina Nguyen v. Nong Shim Co., Ltd., Case No. 13-4308-WHO ; Thu-Thuy

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Nguyen v. Nong Shim Co., Ltd., Case No. 13-4335-WHO; and Pelobello v. Nong Shim Co., Ltd.,

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Case No. 13-4898-EDL (the “Motion to Consolidate”). This Motion to Consolidate was jointly

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filed by the Plaintiffs in all five of the Indirect Purchaser Actions.

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WHEREAS, in the Motion to Consolidate, Plaintiffs also request leave to file a

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consolidated complaint with the Court on or before 45 days from the date the Court enters the

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consolidation order or at such other time as the Court shall order.

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WHEREAS, the Motion to Consolidate is currently set for hearing on December 18, 2013;

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WHEREAS, NS America’s current deadline to respond to the Complaint in this action is

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before the hearings on the MDL Motion and the Motion to Consolidate;

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WHEREAS, depending on the JPML’s ruling and/or if the Court grants Plaintiffs’ Motion

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to Consolidate and Plaintiffs file a consolidated complaint, response to the current complaint will

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become moot;

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WHEREAS, the interests of justice and judicial efficiency will be furthered by continuing

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the date by which NS America must respond to the complaint in this action to January 6, 2014, a

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date following the December 5, 2013 hearing before the JPML and the December 18, 2013

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hearing before this Court on the Motion to Consolidate; and

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WHEREAS, the interests of justice and judicial efficiency will be furthered by also

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continuing the CMC to a date after the December 5, 2013 hearing before the JPML and the

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December 18, 2013 hearing before this Court on the Motion to Consolidate.

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RECITALS

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NOW, THEREFORE, the parties, by and through their respective undersigned counsel,

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hereby stipulate, and the Court ORDERS, that (1) NS America shall have an extension of time

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through and including January 6, 2014 within which to respond to the complaint in this action,

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SQUIRE SANDERS (US) LLP
275 Battery Street, Suite 2600
San Francisco, California 94111

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT;
ORDER THEREON
CASE NO. 13-CV-04115-WHO

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whether by answer or motion or otherwise allowed by the Federal Rules of Civil Procedure, and

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(2) the CMC is continued until February 4, 2014 at 2:00 P.M.

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Dated: November 14, 2013

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Squire Sanders (US) LLP

By:/s/ Anne Choi Goodwin
Anne Choi Goodwin
Attorneys for Defendant
NONGSHIM AMERICA, INC.

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Dated: November 14, 2013

BRAMSON, PLUTZIK, MAHLER
& BIRKHAEUSER LLP

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By:/s/ Alan R. Plutzik
Alan R. Plutzik
Attorneys for Plaintiff STEPHEN FENERJIAN
and the Proposed Class

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IT IS SO ORDERED.

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Dated: November 18, 2013
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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SQUIRE SANDERS (US) LLP
275 Battery Street, Suite 2600
San Francisco, California 94111

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT;
ORDER THEREON
CASE NO. 13-CV-04115-WHO