Ingram Micro Inc et al v. LG Electronics Inc et al

Filing 91

STIPULATION AND ORDER RE (#90 in 3:13-cv-05372-RS) (#2323 in 3:10-md-02143-RS) Regarding Modification of Briefing Schedule for Dispositive Motions Specific to the Ingram and Synnex Action. Signed by Judge Richard Seeborg on 7/7/17. (cl, COURT STAFF) (Filed on 7/7/2017)

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LATHAM & WATKINS LLP
Daniel M. Wall (Bar No. 102580)
Belinda S Lee (Bar No. 199635)
Brendan A. McShane (Bar No. 227501)
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: +1.415.395.8095
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for Defendants Toshiba Corporation and
Toshiba America Information Systems

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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

Base Case No. 3:10-md-2143 RS
MDL No. 2143

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This Document Relates to:

Individual Case No. 3:13-cv-05372-RS

INGRAM MICRO INC., et al.

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JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING MODIFICATION
OF BRIEFING SCHEDULE FOR
DISPOSITIVE MOTIONS SPECIFIC TO
THE INGRAM AND SYNNEX ACTION

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Hon. Richard Seeborg

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v.
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LG ELECTRONICS, INC., et al.

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHED. MODIFICATION
Case No. 3:13-cv-05372-RS

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Plaintiffs Ingram Micro Inc. and Synnex Corporation (collectively, “Ingram and Synnex”),

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and Defendants Toshiba Corporation, Toshiba America Information Systems, Inc., Panasonic

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Corporation, Panasonic Corporation of North America, NEC Corporation, BenQ Corporation,

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BenQ America Corp., Koninklijke Philips N.V., Lite-On IT Corp., Philips & Lite-On Digital

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Solutions Corp., and Philips & Lite-On Digital Solutions USA, Inc. (collectively together, the

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“Defendants”), by and through undersigned counsel, stipulate and agree to the below:

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WHEREAS, on January 25, 2017, this Court entered a Case Management Order (“Case

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Management Order”) setting a schedule for summary judgment motions and other deadlines in the

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multi-district litigation styled In re Optical Disk Drive Antitrust Litig., MDL No 2143 (the

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“MDL”) (Dkt. No. 2211);
WHEREAS, the Case Management Order set a June 30, 2017 deadline for dispositive
motion(s) in the MDL;
WHEREAS, the Case Management Order set a July 21, 2017 deadline for Daubert motions
in the MDL;

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WHEREAS, each of Ingram and Synnex have reached agreements in principle, or are in

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related discussions, with each of the Defendants concerning a resolution of the claims brought by

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Ingram and Synnex against each Defendant;

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WHEREAS, in order to continue those negotiations and/or to finalize the terms of the

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settlement agreements, Ingram and Synnex and Defendants request that the Court temporarily take

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off calendar the June 30 and July 21 deadlines for Ingram and Synnex and each Defendant to file

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any dispositive and Daubert motions specific to either of Ingram or Synnex in the Ingram and

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Synnex Action only (Ingram Micro Inc., et al v. LG Electronics, Inc., et al., No. 3:13-cv-05372-

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RS, the “Ingram and Synnex Action”);

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WHEREAS, in the unlikely event that settlement between Ingram and Synnex and any of

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the Defendants is not finalized, counsel for Ingram and Synnex and any non-settling Defendant(s)

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agree to meet and confer in good faith in order to submit a joint report regarding the need for a

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revised briefing schedule, and (if necessary) a proposed revised briefing schedule, for dispositive

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and/or Daubert motions specific to the Ingram and Synnex Action, no later than July 31, 2017; and

ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHED. MODIFICATION
Case No. 3:13-cv-05372-RS

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WHEREAS, nothing in this Stipulation alters or is intended to alter any other dates or
Orders of this Court in the MDL or in any other individual or related action;
NOW, THEREFORE, IT IS HEREBY JOINTLY STIPULATED, by and between the
undersigned counsel for Ingram and Synnex and Defendants, as follows:
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The filing deadlines for Ingram and Synnex and Defendants to file dispositive and

Daubert motions specific to the Ingram and Synnex Action are taken off calendar.
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If necessary, no later than July 31, 2017, Ingram and Synnex and any non-settling

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Defendant(s) shall submit to this Court a joint report regarding the need for a revised briefing

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schedule, and a proposed revised briefing schedule, for dispositive and Daubert motions specific to

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the Ingram and Synnex Action.
IT IS SO STIPULATED.

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Dated: June 30, 2017

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LATHAM & WATKINS LLP
Attorneys for Defendants Toshiba
Corporation, and Toshiba America
Information Systems, Inc.

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/s/ Belinda S Lee
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Dated: June 30, 2017
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/s/ George E. Mastoris

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WINSTON & STRAWN LLP
Attorneys for Panasonic Corporation and
Panasonic Corporation of North America

Dated: June 30, 2017

WINSTON & STRAWN LLP
Attorneys for NEC Corporation

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/s/ Robert J. Pringle

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Dated: June 30, 2017

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BAKER BOTTS LLP
Attorneys for Defendants Koninklijke Philips
N.V., Lite-On IT Corp., Philips & Lite-On
Digital Solutions Corp., and Philips & LiteOn Digital Solutions USA, Inc.

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/s/ Evan J. Werbel

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ATTORNEYS AT LAW
SAN FRANCISCO

Dated: June 30, 2017

BLANK ROME LLP
Attorneys for Defendants BenQ Corporation
and BenQ America Corp.
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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHED. MODIFICATION
Case No. 3:13-cv-05372-RS

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/s/ Lisa M. Kaas

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CROWELL & MORING LLP
Attorneys for Plaintiffs Ingram Micro Inc.
and SYNNEX Corporation

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/s/ Daniel A. Sasse

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Dated: June 30, 2017

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PURSUANT TO STIPULATION, AND WITH GOOD CAUSE APPEARING
THEREFORE, IT IS SO ORDERED.

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DATED: ____________________________
7/7/17

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HONORABLE RICHARD G. SEEBORG
United States District Judge
Northern District of California

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHED. MODIFICATION
Case No. 3:13-cv-05372-RS