Finisar Corporation v. Kaiam Corporation

Filing 40

STIPULATION AND ORDER 39 TO STAY. Signed by Judge Richard Seeborg on 1/8/19. (cl, COURT STAFF) (Filed on 1/8/2019)

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MICHAEL JOHN LYONS
[e-mail]
AHREN C. HSU-HOFFMAN
[e-mail]
DION M. BREGMAN
[e-mail]
MICHAEL F. CARR
[e-mail]
MORGAN LEWIS & BOCKUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
[phone]
Fax: [phone]
Attorneys for Plaintiff
Finisar Corporation

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YAR R. CHAIKOVSKY (SB# 175421)
[e-mail]
PHILIP OU (SB# 259896)
[e-mail]
PAUL HASTINGS LLP
1117 S. California Avenue
Palo Alto, California 94304-1106
Telephone: [phone]
Facsimile: 1(650) 320-1900
CHAD J. PETERMAN (pro hac vice)
[e-mail]
KATHERINE J. DROOYAN (pro hac vice)
[e-mail]
HYOSANG (MARK) KIM (pro hac vice)
[e-mail]
Paul Hastings LLP
200 Park Avenue
New York, NY 10166
Telephone: [phone]
Facsimile: 1(212) 319-4090
Attorneys for Defendant
Kaiam Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FINISAR CORPORATION,

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Plaintiff,

CASE NO. 3:18-cv-01070
JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY

vs.
KAIAM CORPORATION,
Defendant.

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Case No. 3:18-cv-01070

JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY

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STIPULATED MOTION TO STAY THE CASE

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Plaintiff Finisar Corporation (“Finisar”) and Defendant Kaiam Corporation (“Kaiam”), by

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and through their respective counsel of record hereby stipulate and request that the Court enter an

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order staying the instant litigation. In support of this request, the parties state as follows:

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WHEREAS, it has been publicly announced that Kaiam is facing financial difficulties

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which has led to layoffs of Kaiam employees, the appointment of administrators to manage

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Kaiam’s European operations, and the contemplation of potential insolvency proceedings in the

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United States;

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WHEREAS, Kaiam’s CEO has been quoted in a January 3, 2019 article stating that “The
odds are that we [Kaiam] will also go into some sort of insolvency process in the U.S. as well.”

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WHEREAS, Kaiam’s financial situation could directly impact the instant litigation;

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WHEREAS, in light of these recent developments, the parties believe it is prudent to

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conserve judicial resources and the parties’ resources until Kaiam’s financial situation becomes

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clearer;

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WHEREAS, as a result of discussions between the parties, Finisar and Kaiam have agreed

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to jointly request that the Court stay the instant litigation in light of the uncertainty concerning

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Kaiam’s financial situation;

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WHEREAS, counsel for Kaiam, Chad J. Peterman, has submitted a supporting declaration
with this stipulation;
NOW THEREFORE, in consideration of the foregoing, Kaiam and Finisar by and through
their undersigned counsel, hereby stipulate and request that the Court order the following:

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1) The instant case is hereby stayed; and

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2) The parties are directed to file a joint update with the Court concerning whether it is

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appropriate to lift the stay by February 22, 2019.

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IT IS SO STIPULATED.

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Case No. 3:18-cv-01070

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JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY

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PAUL HASTINGS LLP

DATED: January 7, 2019

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By: /s/ Chad J. Peterman
CHAD J. PETERMAN

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Attorneys for Defendant
Kaiam Corporation

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MORGAN LEWIS & BOCKIUS LLP

DATED: January 7, 2019

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By: /s/ Michael J. Lyons
Michael J. Lyons

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Attorneys for Plaintiff
Finisar Corporation

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Case No. 3:18-cv-01070

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JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY

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[PROPOSED] ORDER
Pursuant to the parties’ stipulation, the Court orders as follows:
1) The instant case is hereby stayed; and

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2) The parties are directed to file a joint update with the Court concerning whether it is
appropriate to lift the stay by February 22, 2019.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: January __ 2019

Honorable Richard Seeborg
U.S. DISTRICT COURT JUDGE

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Case No. 3:18-cv-01070

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JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY