Hayes v. Magnachip Semiconductor Corp. et al

Filing 300

STIPULATION AND ORDER re 299 STIPULATION WITH PROPOSED ORDER regarding expert disclosure deadlines filed by Keith Thomas, Herb Smith. Signed by Judge Jon S. Tigar on February 13, 2017. (wsn, COURT STAFF) (Filed on 2/13/2017)

1 POMERANTZ LLP
Patrick V. Dahlstrom
2 Joshua B. Silverman
3 Louis C. Ludwig
10 South LaSalle, Ste. 3505
4 Chicago, Illinois 60603
Telephone: [phone]
5 Facsimile: [phone]
6 Email: [e-mail]
[e-mail]
7 [e-mail]
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THE ROSEN LAW FIRM, P.A.
Laurence M. Rosen, Esq. (CSB# 219683)
275 Madison Avenue, 34th Floor
New York, New York 10016
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

13 Class Counsel
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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KEITH THOMAS, RICHARD HAYES, HERB
17 SMITH, and OKLAHOMA POLICE PENSION
18 & RETIREMENT SYSTEM,
Plaintiffs,
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v.
20 MAGNACHIP SEMICONDUCTOR CORP.
21 SANG PARK, TAE YOUNG HWANG,
MARGARET SAKAI, R. DOUGLAS NORBY,
22 ILBOK LEE, NADER TAVAKOLI, RANDAL
KLEIN, MICHAEL ELKINS, AVENUE
23 CAPITAL MANAGEMENT II, L.P.,
24 BARCLAYS CAPITAL INC., DEUTSCHE
BANK SECURITIES INC., CITIGROUP
25 GLOBAL MARKETS INC., UBS
SECURITIES LLC and NEEDHAM &
26 COMPANY, LLC,
Defendants.
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Case No.: 3:14-cv-01160-JST
CLASS ACTION
Judge: Hon. Jon S. Tigar

STIPULATION AND PROPOSED
ORDER PURSUANT TO LOCAL RULE
6-2

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All parties, through their undersigned counsel, hereby submit this Stipulation and Proposed

2 Order regarding expert disclosure deadlines:
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WHEREAS, the scheduling order entered by this Court on April 13, 2016 (ECF No. 223)

4 provides that expert disclosures shall be made on or before February 3, 2017, expert rebuttal reports
shall be served on or before March 17, 2017, and expert reply reports shall be served on or before
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April 14, 2017;
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WHEREAS, consistent with this order, Plaintiffs and Defendant Avenue Capital
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Management II, L.P. exchanged their opening expert reports on February 3, 2017;
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WHEREAS, the parties hereto and settling defendants have been attempting to schedule
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depositions in Korea, and have been told that at least four deponents can be produced in Korea
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during the week of March 6, 2017, and that certain of these deponents and their counsel have
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conflicts that will make scheduling of alternative dates difficult;
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WHEREAS, the parties desire to take advantage of the ability to depose numerous witnesses
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in a single week in Korea, to minimize cost and travel time;
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WHEREAS, adjusting the deadline for expert rebuttal reports, currently due on March 17,
15 2017, will facilitate the parties’ ability to conduct depositions in Korea during the week of March 6;
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WHEREAS, the parties have not previously requested any extension to any expert deadline;

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WHEREAS, the parties do not anticipate that the extension requested herein will require

19 extending any dates other than those listed below. Neither party, however, waives the right to
20 petition the Court to extend any other deadline if circumstances warrant; and
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WHEREAS, the undersigned parties believe that the circumstances described above warrant

22 good cause to make the minor enlargement to expert deadlines requested herein.
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NOW, THEREFORE, the undersigned hereby stipulate, subject to Court approval, that:
1. The deadline for serving expert rebuttal reports is extended from March 17, 2017 to
April 14, 2017.
2. The deadline for serving expert reply reports is extended from April 14, 2017 to May 12,
2017.

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28 Dated: February 13, 2017

2

1

IT IS SO STIPULATED:

2 AKIN GUMP STRAUSS HAUER
& FELD LLP
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4 /s/ John C. Murphy
Neal R. Marder (SBN 126879)
5 Peter I. Altman (SBN 285292)
Ali R. Rabbani (SBN 253730)
6 Andrew S. Jick (SBN 278943)
1999 Avenue of the Stars, Suite 600
7 Los Angeles, CA 90067-6022
Telephone: [phone]
8 Facsimile: 310.229.1001
[e-mail]
9 [e-mail]
[e-mail]
10 [e-mail]
11 John C. Murphy
One Bryant Park
12 Bank of America Tower
New York, NY 10036
13 Telephone: [phone]
Facsimile: 212.872.1002
14 [e-mail]
[e-mail]
15 [e-mail]
16 Counsel for Avenue Capital Management II,
L.P.
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POMERANTZ LLP

/s/ Joshua B. Silverman
Patrick V. Dahlstrom
Joshua B. Silverman
Louis C. Ludwig
10 South LaSalle, Ste. 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Marc I. Gross
Jeremy A. Lieberman
Michael J. Wernke
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
THE ROSEN LAW FIRM, P.A.
Laurence M. Rosen, Esq. (CSB# 219683)
275 Madison Avenue, 34th Floor
New York, New York 10016
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Class Counsel

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GLANCY PRONGAY & MURRAY LLP
Lionel Z. Glancy (CSB# 134180)
Robert V. Prongay (CSB# 270796)
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Liaison Counsel

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1
[PROPOSED] ORDER
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3 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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5 Dated: February __, 2017
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___________________________
Hon. Jon S. Tigar,
United States Dist. Judge