Hayes v. Magnachip Semiconductor Corp. et al

Filing 318

STIPULATION AND ORDER re 317 STIPULATION WITH PROPOSED ORDER PURSUANT TO LOCAL RULE 6-2 filed by Avenue Capital Management II, L.P. Signed by Judge Jon S. Tigar on May 3, 2017. (wsn, COURT STAFF) (Filed on 5/3/2017)

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1 [Counsel For All Parties Listed on Signature Page] 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 13 KEITH THOMAS, RICHARD HAYES, HERB SMITH, and OKLAHOMA POLICE PENSION 14 & RETIREMENT SYSTEM, Plaintiffs, 15 v. 16 MAGNACHIP SEMICONDUCTOR CORP. 17 SANG PARK, TAE YOUNG HWANG, MARGARET SAKAI, R. DOUGLAS NORBY, 18 ILBOK LEE, NADER TAVAKOLI, RANDAL KLEIN, MICHAEL ELKINS, AVENUE 19 CAPITAL MANAGEMENT II, L.P., 20 BARCLAYS CAPITAL INC., DEUTSCHE BANK SECURITIES INC., CITIGROUP 21 GLOBAL MARKETS INC., UBS SECURITIES LLC and NEEDHAM & 22 COMPANY, LLC, Defendants. 23 Case No.: 3:14-cv-01160-JST CLASS ACTION Judge: Hon. Jon S. Tigar STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2 1 Avenue Capital Management II, LP (“Avenue Capital”) and Plaintiffs (together with 2 Avenue Capital, the “Parties”), through their undersigned counsel, hereby submit this Stipulation 3 and Proposed Order regarding Plaintiffs’ withdrawal of their designation of William H. Purcell 4 (“Purcell”) as an expert for trial and the expert report of Purcell (“Purcell Report”), Avenue 5 Capital’s corresponding withdrawal of its Motion to Strike the Expert Report and Preclude the 6 Testimony of William H. Purcell (“Motion”), and the resultant amended discovery deadlines: 7 WHEREAS, Avenue Capital filed the Motion (ECF No. 303), Plaintiffs filed an opposition 8 (ECF No. 312), and Avenue Capital filed a reply (ECF No. 315); 9 WHEREAS, by order dated March 20, 2017 (ECF No. 304), the Court set a hearing on the 10 Motion for May 4, 2017 at 2 p.m., the time of which was amended by order dated March 27, 2017 11 (ECF No. 310) to May 4, 2017 at 9:30 a.m. (“Hearing”); 12 WHEREAS, by order dated May 1, 2017 (ECF No. 316), the Court requested that, for the 13 Hearing, the Parties be prepared to address whether Plaintiffs should be allowed to file a new 14 supplemental expert report and to identify deadlines for a supplemental expert report and rebuttal if 15 the Court granted the Motion; 16 WHEREAS, by order dated March 22, 2017 (ECF No. 309) (“March 22 Scheduling 17 Order”), expert rebuttal reports shall be served on or before July 7, 2017 (provided however that 18 Avenue Capital’s deadline to serve rebuttal to the Purcell Report shall be the later of July 7, 2017, 19 and 30 days after the Court resolves the Motion), expert reply reports shall be served on or before 20 August 4, 2017 (provided however that Plaintiffs’ deadline to serve a reply regarding the Purcell 21 Report shall be the later of August 4, 2017, and 60 days after the Court resolves the Motion), expert 22 discovery shall be complete by September 1, 2017 (provided however that the deadline to complete 23 expert discovery with respect to Purcell shall be the later of September 1, 2017, and 90 days after 24 the Court resolves the Motion), dispositive motions shall be filed by October 4, 2017, pretrial 25 statements shall be filed by March 16, 2018, a pretrial conference shall take place on March 23, 26 2018, and a jury trial shall take place beginning April 23, 2018; 27 WHEREAS, the undersigned parties believe that the circumstances described above warrant 28 good cause to order the following. 1 STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2 1 NOW, THEREFORE, the undersigned hereby stipulate, subject to Court approval, that: 2 1. Plaintiffs shall withdraw their designation of Purcell as an expert for trial and the Purcell 3 Report; 4 2. Avenue Capital shall withdraw its Motion; 5 3. The Hearing is canceled; 6 4. All deadlines associated with the Purcell Report in the March 22 Scheduling Order are 7 canceled; 8 5. Plaintiffs shall serve any supplemental expert disclosure to replace their designation of 9 Purcell as an expert for trial and the Purcell Report (“Replacement Report”) on or before 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 July 7, 2017; 6. The scope of the opinions expressed in the Replacement Report shall be substantially the same as the scope of the opinions expressed in the Purcell Report; 7. Avenue Capital shall serve its expert rebuttal to the Replacement Report on or before September 20, 2017; 8. Plaintiffs shall serve any expert reply to Avenue’s rebuttal to the Replacement Report on or before October 18, 2017; 9. The deadline for completing expert discovery with respect to the Replacement Report shall be November 15, 2017; 10. The deadline for filing dispositive motions is extended from October 4, 2017 to December 15, 2017; 11. The deadline for filing pretrial statements is extended from March 16, 2018 to April 13, 2018; 12. The pretrial conference scheduled on March 23, 2018 is continued to April 20, 2018 or as soon as possible thereafter; and 13. The jury trial scheduled to begin on April 23, 2018 is continued to May 21, 2018 or as soon as possible thereafter. 27 28 2 STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2 1 IT IS SO STIPULATED: 2 Dated: May 2, 2017 3 AKIN GUMP STRAUSS HAUER & FELD LLP 4 /s/ Peter I. Altman 5 Neal R. Marder (SBN 126879) Peter I. Altman (SBN 285292) 6 Ali R. Rabbani (SBN 253730) Andrew S. Jick (SBN 278943) 7 1999 Avenue of the Stars, Suite 600 Los Angeles, CA 90067-6022 8 Telephone: 310.229.1000 Facsimile: 310.229.1001 9 nmarder@akingump.com paltman@akingump.com 10 arabbani@akingump.com ajick@akingump.com 11 John C. Murphy 12 One Bryant Park Bank of America Tower 13 New York, NY 10036 Telephone: 212.872.1000 14 Facsimile: 212.872.1002 jmurphy@akingump.com 15 Counsel for Avenue Capital Management II, 16 L.P. 17 18 19 20 21 POMERANTZ LLP /s/ Jonathan Stern Patrick V. Dahlstrom Joshua B. Silverman Louis C. Ludwig 10 South LaSalle, Ste. 3505 Chicago, Illinois 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 Email: pdahlstrom@pomlaw.com jbsilverman@pomlaw.com lcludwig@pomlaw.com Marc I. Gross Jeremy A. Lieberman Michael J. Wernke 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 Email: migross@pomlaw.com jalieberman@pomlaw.com mjwernke@pomlaw.com THE ROSEN LAW FIRM, P.A. Laurence M. Rosen, Esq. (CSB# 219683) Jonathan Stern 275 Madison Avenue, 34th Floor New York, New York 10016 Telephone: (212) 686-1060 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com Class Counsel 25 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: (310) 201-9150 Facsimile: (310) 201-9160 Email: info@glancylaw.com 26 Liaison Counsel 22 23 24 27 **Pursuant to L.R. 5–1(i)(3), I attest that concurrence in the filing of this document has been obtained from each of the other signatories above. 28 3 STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 4 5 6 7 Dated: May __, 2017 3 ___________________________ Hon. Jon S. Tigar, United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2

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