Hayes v. Magnachip Semiconductor Corp. et al

Filing 309

STIPULATION AND ORDER re 306 STIPULATION WITH PROPOSED ORDER filed by Avenue Capital Management II, L.P. Final Pretrial Conference set for 3/23/2018 at 2:00 PM in Courtroom 3, 3rd Floor, Oakland. Jury Trial set for 4/23/2018 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on March 22, 2017. (wsn, COURT STAFF) (Filed on 3/22/2017)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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KEITH THOMAS, RICHARD HAYES, HERB
4 SMITH, and OKLAHOMA POLICE PENSION
& RETIREMENT SYSTEM,
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Plaintiffs,
v.
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MAGNACHIP SEMICONDUCTOR CORP.
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SANG PARK, TAE YOUNG HWANG,
8 MARGARET SAKAI, R. DOUGLAS NORBY,
ILBOK LEE, NADER TAVAKOLI, RANDAL
9 KLEIN, MICHAEL ELKINS, AVENUE
CAPITAL MANAGEMENT II, L.P.,
10 BARCLAYS CAPITAL INC., DEUTSCHE
BANK SECURITIES INC., CITIGROUP
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GLOBAL MARKETS INC., UBS
12 SECURITIES LLC and NEEDHAM &
COMPANY, LLC,
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Defendants.

Case No.: 3:14-cv-01160-JST
CLASS ACTION
Judge: Hon. Jon S. Tigar

STIPULATION AND PROPOSED
ORDER PURSUANT TO LOCAL RULE
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Avenue Capital Management II, LP (“Avenue Capital”) and Plaintiffs (together with

16 Avenue Capital, the “Parties”), through their undersigned counsel, hereby submit this Stipulation
17 and Proposed Order regarding discovery deadlines:
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WHEREAS, the scheduling order entered by this Court on April 13, 2016 (ECF No. 223)

19 provided that expert disclosures shall be made on or before February 3, 2017, expert rebuttal reports
20 shall be served on or before March 17, 2017, expert reply reports shall be served on or before April
21 14, 2017, expert discovery shall be complete by May 31, 2017, dispositive motions shall be filed by
22 June 30, 2017, pretrial statements shall be filed by October 17, 2017, a pretrial conference shall take
23 place on October 27, 2017, and a jury trial shall take place beginning December 4, 2017;
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WHEREAS, by order dated February 13, 2017, the Court extended the deadline for serving

25 expert rebuttal reports from March 17, 2017 to April 14, 2017, and extended the deadline for
26 serving expert reply reports from April 14, 2017 to May 12, 2017;
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WHEREAS, the parties have not previously requested modification of any other deadlines.

28 Neither party, however, waives the right to petition the Court to extend any other deadline if

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WHEREAS, the Court has not set a deadline for fact discovery, and the parties wish to set

3 such deadline to promote the efficient conduct of this case;
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WHEREAS, the parties have been diligently pursuing discovery and request additional time

5 to complete depositions; and
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WHEREAS, the undersigned parties believe that the circumstances described above and in

7 the accompanying joint letter warrant good cause to make the modifications to the schedule
8 requested herein.
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NOW, THEREFORE, the undersigned hereby stipulate, subject to Court approval, that:

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1. The deadline for completing fact discovery shall be June 30, 2017; provided however

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that (i) the Parties may mutually agree to limited exceptions to this deadline without

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seeking Court approval*, and (ii) this deadline shall not apply to discovery solely for the

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purpose of authenticating documents for use at trial;

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2. The deadline for serving expert rebuttal reports is extended from April 14, 2017 to July

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7, 2017; provided however that due to Avenue Capital’s pending motion to strike

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(“Motion to Strike”) the report of William Purcell (“Purcell Report”), Avenue Capital’s

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deadline to serve rebuttal to the Purcell Report shall be the later of (i) July 7, 2017, and

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(ii) 30 days after the Court resolves the Motion to Strike;

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3. The deadline for serving expert reply reports is extended from May 12, 2017 to August

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4, 2017; provided however that Plaintiffs’ deadline to serve a reply regarding the Purcell

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Report shall be the later of (i) August 4, 2017, and (ii) 60 days after the Court resolves

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the Motion to Strike;

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4. The deadline for completing expert discovery is extended from May 31, 2017 to

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September 1, 2017; provided however that the deadline to complete expert discovery

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with respect to William Purcell shall be the later of (i) September 1, 2017, and (ii) 90

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days after the Court resolves the Motion to Strike;

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5. The deadline for filing dispositive motions is extended from June 30, 2017 to October 4,
2017;
* Provided that such exceptions shall not be the basis of extending any other deadlines in the case.

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6. The deadline for filing pretrial statements is extended from October 17, 2017 to March
16, 2018;
7. The pretrial conference scheduled on October 27, 2017 is continued to March 23, 2018
or as soon as possible thereafter;
8. The jury trial scheduled to begin on December 4, 2017 is continued to April 23, 2018 or
as soon as possible thereafter;
Dated: March 22, 2017

9 IT IS SO STIPULATED:
10 AKIN GUMP STRAUSS HAUER
& FELD LLP
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/s/ Neal R. Marder
13 Neal R. Marder (SBN 126879)
Peter I. Altman (SBN 285292)
14 Ali R. Rabbani (SBN 253730)
Andrew S. Jick (SBN 278943)
15 1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067-6022
16 Telephone: [phone]
Facsimile: 310.229.1001
17 [e-mail]
[e-mail]
18 [e-mail]
[e-mail]
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John C. Murphy
20 One Bryant Park
Bank of America Tower
21 New York, NY 10036
Telephone: [phone]
22 Facsimile: 212.872.1002
[e-mail]
23 [e-mail]
[e-mail]
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Counsel for Avenue Capital Management II,
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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]

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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]

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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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[PROPOSED] ORDER

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16 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: March __, 2017
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___________________________
Hon. Jon S. Tigar,
United States Dist. Judge