Acer Inc. et al v. Lite-On It Corporation et al

Filing 16

JOINT STIPULATION AND ORDER REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE. Signed by Judge Richard Seeborg on 1/3/14. (cl, COURT STAFF) (Filed on 1/3/2014)

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Kaiwen Tseng (193756)
[e-mail]
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]
Hsiang “James” H. Lin (SBN 241472)
[e-mail]
TECHKNOWLEDGE LAW GROUP LLP
1521 Diamond Street
San Francisco, CA 94131
Telephone: [phone]

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James B. Baldinger (pro hac vice)
[e-mail]
David B. Esau (pro hac vice)
[e-mail]
CARLTON FIELDS, P.A.
CityPlace Tower
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, Florida 33401-6350
Telephone: [phone]

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Attorneys for Plaintiffs
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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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IN RE OPTICAL DISK DRIVE ANTITRUST
LITIGATION

Master File No. 3:10-md-2143 RS

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__________________________________________

MDL Docket No. M 10-2143
_______________________________

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This Document Relates to

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Case No. 5:13-cv-04991-RS

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ACER INC.; ACER AMERICA CORPORATION;
GATEWAY, INC.; AND GATEWAY U.S.
RETAIL, INC., F/K/A EMACHINES, INC.

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Plaintiffs,

JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING EXTENSION OF
TIME TO RESPOND TO
COMPLAINT AND WAIVER OF
SERVICE
Judge Richard Seeborg

vs.
LITE-ON IT CORPORATION; NEC
CORPORATION; KONINKLIJKE PHILIPS
ELECTRONICS N.V.; PHILIPS & LITE-ON
DIGITAL SOLUTIONS CORPORATION; PHILIPS
JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

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& LITE-ON DIGITAL SOLUTIONS USA, INC.;
PIONEER CORPORATION; PIONEER DIGITAL
DESIGN & MANUFACTURING COMPANY;
PIONEER ELECTRONICS (USA) INC.; PIONEER
HIGH FIDELITY TAIWAN CO., LTD.; PIONEER
NORTH AMERICA, INC.; SAMSUNG
ELECTRONICS AMERICA, INC.; SAMSUNG
ELECTRONICS CO., LTD.; SONY
CORPORATION; SONY ELECTRONICS INC.;
SONY NEC OPTIARC INC.; SONY OPTIARC
AMERICA INC.; SONY OPTIARC INC.;
TOSHIBA AMERICA INFORMATION SYSTEMS,
INC.; TOSHIBA CORPORATION; TOSHIBA
SAMSUNG STORAGE TECHNOLOGY
CORPORATION; TOSHIBA SAMSUNG
STORAGE TECHNOLOGY KOREA
CORPORATION,
Defendants.

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WHEREAS, Acer Inc., Acer America Corporation, Gateway, Inc., and Gateway U.S. Retail,

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Inc. f/k/a EMachines, Inc. (“Acer”) filed a complaint on October 25, 2013 (the “Complaint”) against

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the above-named Defendants;

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WHEREAS, certain Defendants were served with the Complaint in early December 2013,
and their responses are currently due, at various times, no earlier than December 26, 2013;
WHEREAS, Acer intends to file an Amended Complaint within approximately the next
thirty days;
WHEREAS, Acer wishes to avoid the burden and expense of serving process on foreign
entities; and
WHEREAS, Defendants desire a reasonable amount of time to respond to the Amended
Complaint, and wish to avoid the necessity of responding to the original Complaint;
NOW, THEREFORE, it is stipulated by and between the undersigned parties, by their
representative attorneys, that:
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Undersigned Counsel of BAKER BOTTS LLP agree to accept service of the

complaint in Acer v. Lite-On IT Corporation, et al., Case No. 5:13-cv-04991-RS, on behalf of
Defendants Lite-On IT Corporation, Koninklijke Philips Electronics N.V., and Philips & Lite-On
Digital Solutions Corporation. Defendants Lite-On IT Corporation, Koninklijke Philips Electronics
N.V., Philips & Lite-On Digital Solutions Corporation, and Philips & Lite-On Digital Solutions
-2JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

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USA, Inc. (collectively, the “PLDS Defendants”) shall have until Wednesday, March 26, 2014 to file

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a response to the Complaint. If Acer amends its Complaint, the PLDS Defendants shall have until

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either 60 days from the date of amendment, or March 26, 2014, whichever is later, to respond to the

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Amended Complaint. This stipulation does not constitute a waiver by the PLDS Defendants of any

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defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure

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12.
2.

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Undersigned Counsel of LATHAM & WATKINS LLP agree to accept service of the

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complaint in Acer v. Lite-On IT Corporation, et al., Case No. 5:13-cv-04991-RS, on behalf of

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Defendants Toshiba Corporation (“Toshiba Corp.”), Toshiba Samsung Storage Technology

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Corporation (“TSST”), and Toshiba Samsung Storage Technology Korea Corporation (“TSSTK”).

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Defendants Toshiba Corp., TSST, TSSTK, and Toshiba America Information Systems, Inc.

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(“TAIS”) shall have until Wednesday, March 26, 2014 to file a response to the Complaint. If Acer
amends its Complaint, the Toshiba Defendants shall have until either 60 days from the date of
amendment, or March 26, 2014, whichever is later, to respond to the Amended Complaint. This
stipulation does not constitute a waiver by any of Toshiba Corp., TSST, TSSTK or TAIS of any
defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure
12.
3.

Undersigned Counsel of O’MELVENY & MYERS LLP agree to accept service of

the complaint in Acer v. Lite-On IT Corporation, et al., Case No. 5:13-cv-04991-RS, on behalf of
Defendant Samsung Electronics Co., Ltd. Defendants Samsung Electronics Co., Ltd. and Samsung
Electronics America, Inc. (collectively, the “Samsung Defendants”) shall have until Wednesday,
March 26, 2014 to file a response to the Complaint. If Acer amends its Complaint, the Samsung

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Defendants shall have until either 60 days from the date of amendment, or March 26, 2014,
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whichever is later, to respond to the Amended Complaint. This stipulation does not constitute a
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waiver by the Samsung Defendants of any defense, including but not limited to those defenses
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provided under Federal Rule of Civil Procedure 12.
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4.

Undersigned Counsel of JONES DAY agree to accept service of the complaint in

Acer v. Lite-On IT Corporation, et al., Case No. 5:13-cv-04991-RS, on behalf of Defendants Pioneer

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-3JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

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Corporation, Pioneer High Fidelity Taiwan Co., Ltd., and Pioneer Digital Design & Manufacturing

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Company. Defendants Pioneer Corporation, Pioneer High Fidelity Taiwan Co., Ltd., Pioneer Digital

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Design & Manufacturing Company, Pioneer Electronics (USA) Inc., and Pioneer North America,

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Inc. (collectively, the “Pioneer Defendants”) shall have until Wednesday, March 26, 2014 to file a

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response to the Complaint. If Acer amends its Complaint, the Pioneer Defendants shall have until

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either 60 days from the date of amendment, or March 26, 2014, whichever is later, to respond to the

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Amended Complaint. This stipulation does not constitute a waiver by the Pioneer Defendants of any

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defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure

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12.

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5.

Defendants Sony Corporation, Sony Optiarc Inc., and Sony NEC Optiarc Inc. agree to

waive service of the Complaint, and Acer will mail a copy of the Complaint to them via certified
mail or United Parcel Service, addressed and delivered to a designated individual in the Sony
Corporation Legal Department in Japan. Defendants Sony Corporation, Sony Optiarc Inc., Sony
NEC Optiarc, Inc., Sonly Optiarc America Inc., and Sony Electronics Inc. (collectively, the “Sony
Defendants”) shall have until Wednesday, March 26, 2014 to file a response to the Complaint. If
Acer amends its Complaint, the Sony Defendants shall have until either 60 days from the date of
amendment, or March 26, 2014, whichever is later, to respond to the Amended Complaint. This
stipulation does not constitute a waiver by the Sony Defendants of any defense, including but not
limited to those defenses provided under Federal Rule of Civil Procedure 12.

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Respectfully submitted,
Dated: December 23, 2013

CARLTON FIELDS, P.A.

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By: /s/ David B. Esau
DAVID B. ESAU (pro hac vice)
CityPlace Tower
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, Florida 33401-6350
[e-mail]
Telephone: [phone]
Hsiang (“James”) H. Lin (SBN 241472)
[e-mail]
TECHKNOWLEDGE LAW GROUP LLP
1521 Diamond Street
-4JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

San Francisco, CA 94131
Telephone: [phone]

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ATTORNEYS FOR PLAINTIFFS ACER INC.;
ACER AMERICA CORPORATION; GATEWAY,
INC.; AND GATEWAY U.S. RETAIL, INC., F/K/A
EMACHINES, INC.

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DATED: December 23, 2013

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LATHAM & WATKINS LLP
By: /s/ Belinda S. Lee
BELINDA S. LEE
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel 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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DATED: December 23, 2013

BAKER BOTTS L.L.P.
By: /s/ John Taladay
JOHN TALADAY
EVAN J. WERBEL
1299 Pennsylvania Ave NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendants
LITE-ON IT CORPORATION; KONINKLIJKE
PHILIPS ELECTRONICS N.V.; PHILIPS & LITE-ON
DIGITAL SOLUTIONS CORP.; and PHILIPS & LITEON DIGITAL SOLUTIONS USA, INC.

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-5JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

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DATED: December 23, 2013

O'MELVENY & MYERS LLP
By: /s/ Ian Simmons
IAN SIMMONS
1625 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Defendant
SAMSUNG ELECTRONICS CO, LTD. and SAMSUNG
ELECTRONICS AMERICA, INC.

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DATED: December 23, 2013

JONES DAY

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By: /s/ Eric P. Enson
ERIC P. ENSON
555 South Flower Street, Fiftieth Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Defendants
PIONEER CORPORATION; PIONEER DIGITAL
DESIGN & MANUFACTURING COMPANY;
PINOEER ELECTRONICS (USA) INC.; PIONEER
HIGH FIDELITY TAIWAN CO., LTD.; and PIONEER
NORTH AMERICA, INC.

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DATED: December 23, 2013

BOIES SCHILLER & FLEXNER LLP
By: /s/ John F. Cove, Jr.
JOHN F. COVE, JR.
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants
SONY CORPORATION; SONY ELECTRONICS INC.,
SONY NEC OPTIARC INC.; SONY OPTIARC
AMERICA INC.; AND SONY OPTIARC INC.

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-6JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

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Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of
this document has been obtained from the stipulating parties.

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***

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: ____________________
1/3/14

__________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE