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

Filing 47

STIPULATION AND ORDER REGARDING CERTAIN DEFENDANTS' RESPONSES TO SECOND AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 8/29/14. (cl, COURT STAFF) (Filed on 8/29/2014)

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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 PRODUCTS
ANTITRUST LITIGATION

MDL Docket No. 3:10-md-02143 RS
Case No. 3:13-cv-4991-RS

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This document relates to:
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Acer Inc., et al.,
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Plaintiffs,

STIPULATION AND [PROPOSED]
ORDER REGARDING CERTAIN
DEFENDANTS’ RESPONSES TO
SECOND AMENDED COMPLAINT

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v.
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Lite-On IT Corp., et al.,
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Defendants.
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ATTORNEYS AT LAW
SAN FRANCISCO

Stipulation and [Proposed] Order re Certain Defendants’
Responses to Second Amended Complaint
MDL Docket No. 3:10- md-2143 RS; Case No. 3:13-cv-4991 RS

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WHEREAS, on July 10, 2014, the Court entered an Order Denying Defendants’ Joint

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Motion to Dismiss and Granting the Pioneer Defendants’ Motion to Dismiss with Leave to

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Amend (MDL Dkt. 1344);

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WHEREAS, on July 30, 2014, plaintiffs Acer America Corporation, Gateway, Inc., and

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Gateway U.S. Retail, Inc., f/k/a eMachines, Inc. (collectively, “Acer”) filed a Second Amended

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Complaint for Damages and Injunctive Relief (MDL Dkt. 1361);

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WHEREAS, pursuant to the Joint Stipulation and Order Regarding Defendants’

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Responses to Second Amended Complaint entered by this Court on July 18, 2014 (MDL Dkt.

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1351), Defendants’ responses to Acer’s Second Amended Complaint are currently due August 29,

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2014; and

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WHEREAS, defendants Toshiba Samsung Storage Technology Korea Corporation

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

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(“Toshiba Corp.”), and Toshiba America Information Systems, Inc. (“TAIS”) are continuing to

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review their Answers to Acer’s Second Amended Complaint, and Acer has agreed that TSSTK,

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TSST, Toshiba Corp. and TAIS shall have an additional week, until September 5, 2014, to file

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their respective Answers.

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It is therefore STIPULATED and AGREED, subject to Court approval, that:

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Defendants TSSTK, TSST, Toshiba Corp. and TAIS shall have until September 5, 2014 to

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file their respective Answers to Acer’s Second Amended Complaint.
IT IS SO STIPULATED.

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DATED: August 28, 2014

LATHAM & WATKINS LLP

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By

/s/ Belinda S Lee
BELINDA S LEE

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505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants Toshiba Samsung Storage
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ATTORNEYS AT LAW
SAN FRANCISCO

Stipulation and [Proposed] Order re Certain Defendants’
Responses to Second Amended Complaint
MDL Docket No. 3:10- md-2143 RS; Case No. 3:13-cv-4991 RS

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Technology Korea Corporation, Toshiba Samsung
Storage Technology Corporation, Toshiba
Corporation, and Toshiba America Information
Systems, Inc.

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Dated: August 28, 2014

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By

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

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/s/ David B. Esau
DAVID B. ESAU (pro hac vice)

City Place Tower
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, Florida 33401-6350
[e-mail]
Telephone: [phone]

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CARLTON FIELDS JORDEN BURT, P.A.

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 8/29/14

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT COURT JUDGE

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ATTORNEYS AT LAW
SAN FRANCISCO

Stipulation and [Proposed] Order re Certain Defendants’
Responses to Second Amended Complaint
MDL Docket No. 3:10- md-2143 RS; Case No. 3:13-cv-4991 RS