Fenerjian v. Nong Shim Company, Ltd et al

Filing 429

STIPULATION AND ORDER REGARDING BRIEFING AND HEARING SCHEDULE ON SANCTIONS MOTIONS - Deadlines reset as to 416 MOTION for Sanctions and 420 MOTION for Sanctions. Responses due by 9/28/2016. Replies due by 10/5/2016. Motion Hearings set for 10/19/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 09/20/2016. (jmdS, COURT STAFF) (Filed on 9/20/2016)

Download PDF
1 2 [SUBMITTING COUNSEL ON SIGNATURE PAGE] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE KOREAN RAMEN ANTITRUST LITIGATION Case No. 3:13-cv-04115-WHO STIPULATION AND ORDER REGARDING BRIEFING AND HEARING SCHEDULE ON SANCTIONS MOTIONS 18 19 20 21 22 23 24 25 26 27 28 29 STIPULATION AND ORDER 30 31 STIPULATION 1 2 The Indirect Purchaser Plaintiffs and the Direct Purchaser Plaintiffs (together, “Plaintiffs”), 3 and Defendants Ottogi America, Inc., Ottogi Company Ltd., Nongshim America, Inc., and Nongshim 4 Co. Ltd. (together, “Defendants”), by and through their counsel of record, stipulate as follows: 5 6 WHEREAS, on September 8, 2016 Plaintiffs filed motions for sanctions (Dkt. 416 and Dkt. 420) against the Defendants (collectively the “Motions”); 7 WHEREAS, the Motions were not filed 35 days before their noticed hearing date; 8 WHEREAS, Defendants requested some additional time to prepare their Oppositions due to 9 10 11 various scheduling issues, including a multi-day Korean national holiday as well as the need to obtain declarations of witnesses in Korea including under Fed. R. Civ. P. 44.1 as to Korean law; WHEREAS, Plaintiffs thereafter made a request to Defendants pursuant to Fed. R. Civ. Proc. 12 43 (c), to make any such declarants available for cross-examination by counsel and the Court at the 13 time of the hearing on the Motions so that the Court can properly judge the veracity of the witnesses; 14 WHEREAS, Defendants have represented that such an examination will be unnecessary 15 and/or inappropriate because, inter alia, the declarants have already been deposed and/or would be 16 providing declaration(s) on Korean law under Fed. R. Civ. P. 44.1; 17 WHEREAS, Plaintiffs wish to accommodate Defendants’ request for additional time to 18 prepare their Oppositions and, in light of Defendants’ various representations, Plaintiffs are presently 19 not sure what Defendants’ factual proffer will be and, thus, are willing to reserve further 20 consideration on the question of whether live testimony is warranted until such time as they have an 21 opportunity to review the Oppositions to the Motions; 22 WHEREAS, the parties recognize that if a dispute arises about the appropriateness of 23 Plaintiffs calling live witnesses at the hearing on the Motions, if they decide to do so after reviewing 24 the Oppositions, there will be a very short window to resolve it, and to either arrange for travel in the 25 event that live testimony is determined by the Court to be required or to schedule a further hearing 26 date at a time when anyone whose presence the Court so determines is warranted can travel from 27 Korea; and 28 1 29 STIPULATION AND ORDER 30 31 1 2 WHEREAS, the parties have continued to meet and confer since September 8, 2016 about a schedule for briefing and hearing on the Motions; 3 NOW, THEREFORE, Plaintiffs and Defendants hereby stipulate as follows: 4 1. Defendants shall file their Oppositions to the Motions on September 28, 2016. 5 2. Plaintiffs shall file their Replies to Defendants’ Oppositions to the Motions on October 6 5, 2016. 7 3. 8 such rescheduling (if any) as the Court may make following further application (if any) of the 9 Plaintiffs regarding the question of whether or not any witnesses must appear. The hearing on the Motions shall be held on October 19, 2016 at 2:00 p.m., subject to 10 4. In the event that the parties have a dispute about the attendance of witnesses at the 11 hearing on the Motions following service of the Oppositions to the Motions, they shall bring it 12 to the Court’s attention in a joint letter brief as soon as possible thereafter. 13 IT IS SO STIPULATED. 14 DATED: September 15, 2016 15 GIBSON, DUNN & CRUTCHER LLP By: /s/ Joel S. Sanders 16 Joel S. Sanders 555 Mission Street, Suite 3000 San Francisco, CA 94105-2933 Telephone: (415) 393-8200 Facsimile: (415) 393-8206 E-Mail: jsanders@gibsondunn.com 17 18 19 20 Attorneys for Defendants Ottogi America, Inc. and Ottogi Company, Ltd. 21 22 23 DATED: September 15, 2016 SQUIRE PATTON BOGGS (US) LLP By: /s/ Mark C. Dosker 24 25 26 27 Mark C. Dosker 275 Battery Street, Suite 2600 Telephone: (415)954-0200 Facsimile: (415) 393-9887 E-Mail: mark.dosker@squirepb.com 28 2 29 STIPULATION AND ORDER 30 31 Attorneys for Defendants Nongshim America, Inc. and Nongshim Co. Ltd. 1 2 3 DATED: September 15, 2016 4 By: 5 /s/ Alan R. Plutzik Alan R. Plutzik 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: 925/945-0200 Fax: 925/945-8792 Email: aplutzik@bramsonplutzik.com 6 7 8 9 Interim Co-Lead Counsel for the Indirect Purchaser Plaintiffs 10 11 BRAMSON PLUTZIK MAHLER & BIRKHAEUSER, LLP DATED: September 15, 2016 HAUSFELD LLP 12 13 /s/ Christopher L. Lebsock Christopher L. Lebsock 44 Montgomery Street, 34th Floor San Francisco, CA 94104 TEL: 415-633-1908 EMAIL: clebsock@hausfeld.com Interim Co-Lead Counsel for the Direct Purchaser Plaintiffs 14 15 16 17 18 19 ORDER 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED. 22 23 DATED: September 20, 2016 ____________________________________ 24 The Honorable William H. Orrick United States District Judge 25 26 27 28 3 29 STIPULATION AND ORDER 30 31

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?