Intel Capital (Cayman) Corporation et al v. Hsia et al

Filing 23

Order as Modified by Hon. Vince Chhabria granting 22 Stipulation to Set Aside the Defaults of Respondents.(knm, COURT STAFF) (Filed on 5/19/2015)

1
2
3
4
5

BERNARD S. GREENFIELD (SBN 66017)
STEPHANIE SOUTHWICK SMITH (SBN 226631)
EDWARD T. COLBERT (SBN 266495)
GREENFIELD DRAA & HARRINGTON LLP
55 South Market Street, Suite 1500
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

6
7
8

Attorneys for Respondents
ANGIE HSIA, AUSTIN WEICHYI SUN
and EDWIN MING-CHEN CHIU
UNITED STATES DISTRICT COURT

9
NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO

11
12
13

INTEL CAPITAL (CAYMAN) CORPORATION,
INTEL CAPITAL CORPORATION AND
DEUTSCHE TELEKOM AG,,
Petitioner,

14
vs.
15
16

ANGIE HSIA, AUSTIN WEICHYI SUN, AND
EDWIN MING-CHEN CHIU,

17

VC
Case No: CV 15 1287 JCS
STIPULATION AND [PROPOSED]
ORDER TO SET ASIDE THE
DEFAULTS OF RESPONDENTS
ANGIE HSIA, AUSTIN WEICHYI SUN
AND EDWIN MING-CHEN CHIU
AS MODIFIED

Respondent.

18
This Stipulation, submitted with the accompanying proposed order, is entered into
19
by and between Petitioners Intel Capital (Cayman) Corporation, Intel Capital
20
Corporation, and Deutsche Telekom AG, on the one hand, and Respondents Angie Hsia,
21
Austin Weichyi Sun and Edwin Ming-Chen Chiu, on the other hand (collectively the
22

“Parties”).

23
Reference is made to the following facts:
24
A.
25

On March 19, 2015 Petitioners filed a Petition to Confirm an Arbitration

Award (“Petition”) that was issued against Respondents by Christopher Monger, QC, in

26
Case No. HKIAC.13043 before the Hong Kong International Arbitration Center and
27

against Respondents (“Award”, Dkt. No. 1).

28
Page 1
STIPULATION AND [PROPOSED] ORDER TO SET ASIDE THE DEFAULTS OF RESPONDENTS ANGIE HSIA,
AUSTIN WEICHYI SUN AND EDWIN MING-CHEN CHIU

1

B.

On April 2, 2015 Petitioners filed Certificates of Service stating that

2

Respondents were served with the Petition on the following dates: (1) Angie Hsia, March

3

23, 2015 (Dkt. No. 5); Austin Weichyi Sun, March 19, 2015 (Dkt. No. 6); and Edwin Ming-

4

Chen Chiu March 20, 2015 (Dkt. No. 7).

5
6
7
8
9

C.

On April 30, 2015 Petitioners filed a Request for Clerk’s Entry of Default,

as the Respondents did not respond to the Petition in a timely manner (Dkt. No. 15).
D.

On May 5, 2015 the Clerk of this Court entered Respondents’ defaults

(Dkt. No. 16).
E.

On May 11, 2015, the law firm of Greenfield Draa & Harrington, LLP filed

10

a Notice of Appearance of Counsel on behalf of Respondents Austin Weichyi Sun and

11

Edwin Ming-Chen Chiu (Dkt. No. 17).

12

F.

On May 12, 2015 Respondents filed a Motion to Set Aside Respondents’

13

Defaults (Dkt. No. 18) together with the supporting declarations of Respondents (Dkt.

14

Nos. 19 – 21).

15

G.

On May 13, 2015 counsel for Petitioners and Respondents met and

16

conferred and counsel for Petitioners communicated the fact that Petitioners were

17

agreeable to setting aside the Respondents’ defaults. The Parties now wish to litigate the

18

substantive claims at issue such that this case may be resolved on its merits.

19
20
21

NOW, THEREFORE, the Parties, by and through their respective undersigned
counsel, hereby stipulate and agree as follows:
1.

Scope of the Parties’ Agreement. This stipulation is only meant to

22

memorialize the Parties’ agreement that the Respondents’ defaults should be set aside

23

and that the Parties be permitted to submit written briefs in opposition to and support of

24

the issues raised in the Petition.

25
26
27
28

2.

Setting Aside Respondents’ Defaults. The Respondents’ defaults in this

case, entered by the Clerk on May 5, 2015, are to be set aside;
3.

Response to the Petition: The Respondents are to be afforded the

Page 2
STIPULATION AND [PROPOSED] ORDER TO SET ASIDE THE DEFAULTS OF RESPONDENTS ANGIE HSIA,
AUSTIN WEICHYI SUN AND EDWIN MING-CHEN CHIU

1

opportunity to file a written response to the March 19, 2015 Petition;
4.

2
3

Briefing Schedule. The Parties are to adhere to the following briefing

schedule:
A.

4

Respondents’ response to the Petition must be electronically filed

5

with the Court and served on Petitioners, in accordance with all applicable rules of Court,

6

no later than 30 days after the order on the instant stipulated agreement is entered by the

7

Court.
B.

8
9

Petitioners’ reply to Respondents’ response to the Petition must be

electronically filed with the Court and served on Respondents, in accordance with all

10

applicable rules of Court, no later than 30 days after the day on which Respondents file

11

their response to the Petition.

12

5.

Hearing Date. The Parties request that the Court, after receiving

13

Petitioners’ reply to the response to the Petition, set this matter for hearing on a date

14

convenient for the Court.

15

IT IS SO STIPULATED AND AGREED:

16
17

Dated: May 18, 2015

18

By: /S/ Stephanie Southwick Smith
BERNARD S. GREENFIELD
STEPHANIE SOUTHWICK SMITH
Attorneys for Defendants
ANGIE HSIA, AUSTIN WEICHYI SUN,
and EDWIN MING-CHEN CHIU

19
20
21
22
23
24
25
26
27
28

GREENFIELD DRAA & HARRINGTON LLP

Dated: May 18, 2015

REED SMITH LLP
By: /S/ David S. Reidy
DAVID S. REIDY
TYLER M. LAYTON
Attorneys for Petitioners
INTEL CAPITAL (CAYMAN)
CORPORATION, INTEL CAPITAL
CORPORATION and DEUTSCHE
TELEKOM AG

Page 3
STIPULATION AND [PROPOSED] ORDER TO SET ASIDE THE DEFAULTS OF RESPONDENTS ANGIE HSIA,
AUSTIN WEICHYI SUN AND EDWIN MING-CHEN CHIU

[PROPOSED]

1

ORDER AS MODIFIED

2
3
4

GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING

5

STIPULATED TO AND AGREED THE SAME, the Court finds that the above-stated terms

6

of the Parties’ stipulated agreement is sanctioned by the Court, and shall be and now is the

7

Order of the Court.

8

ACCORDINGLY, THE COURT HEREBY ORDERS AS FOLLOWS:

9

The Respondents’ defaults, entered by the Clerk of the Court on May 5, 2015 (Dkt.

10

No. 16), are set aside. The Parties are to adhere to the briefing schedule set forth at

11

paragraph 4. A. and B., above. The Court will set this matter for hearing on a date certain

12

following the receipt of Petitioners’ reply brief. August 13, 2015, at 10:00 a.m.

S

R NIA

FO

ER

H

20

RT

19

U.S. District Court Judge for the
Northern Districteof hhabr ia
C California
g e Vi n c
Jud

NO

18

DERED
SO OR
D
IT IS
___________________________
ODIFIE
AS Chhabria
Hon. VinceM

LI

17

UNIT
ED

16

Dated: May 19, 2015

RT
U
O

14
15

S DISTRICT
TE
C
TA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

A

13

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28

Page 4
STIPULATION AND [PROPOSED] ORDER TO SET ASIDE THE DEFAULTS OF RESPONDENTS ANGIE HSIA,
AUSTIN WEICHYI SUN AND EDWIN MING-CHEN CHIU