Hayes v. Magnachip Semiconductor Corp. et al
Filing
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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)
1 [Counsel For All Parties
Listed on Signature Page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
13 KEITH THOMAS, RICHARD HAYES, HERB
SMITH, and OKLAHOMA POLICE PENSION
14 & RETIREMENT SYSTEM,
Plaintiffs,
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v.
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MAGNACHIP SEMICONDUCTOR CORP.
17 SANG PARK, TAE YOUNG HWANG,
MARGARET SAKAI, R. DOUGLAS NORBY,
18 ILBOK LEE, NADER TAVAKOLI, RANDAL
KLEIN, MICHAEL ELKINS, AVENUE
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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.
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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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STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2
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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:
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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);
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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”);
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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;
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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;
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WHEREAS, the undersigned parties believe that the circumstances described above warrant
28 good cause to order the following.
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STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2
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NOW, THEREFORE, the undersigned hereby stipulate, subject to Court approval, that:
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1. Plaintiffs shall withdraw their designation of Purcell as an expert for trial and the Purcell
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Report;
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2. Avenue Capital shall withdraw its Motion;
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3. The Hearing is canceled;
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4. All deadlines associated with the Purcell Report in the March 22 Scheduling Order are
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canceled;
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5. Plaintiffs shall serve any supplemental expert disclosure to replace their designation of
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Purcell as an expert for trial and the Purcell Report (“Replacement Report”) on or before
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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.
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STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2
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IT IS SO STIPULATED:
2 Dated: May 2, 2017
3 AKIN GUMP STRAUSS HAUER
& FELD LLP
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/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
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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
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Counsel for Avenue Capital Management II,
16 L.P.
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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
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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: (310) 201-9150
Facsimile: (310) 201-9160
Email: info@glancylaw.com
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Liaison Counsel
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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.
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STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2
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[PROPOSED] ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: May __, 2017
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___________________________
Hon. Jon S. Tigar,
United States District Judge
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[PROPOSED] ORDER PURSUANT TO LOCAL RULE 6-2
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