Sun Microsystems Inc., v. Hynix Semiconductor Inc. et al

Filing 407

STIPULATION AND ORDER REGARDING PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS re (274 in 3:06-cv-02915-PJH) Stipulation, (246 in 3:07-cv-01212-PJH) Stipulation, (336 in 3:07-cv-01381-PJH) Stipulation, (229 in 3:07-cv-01207-PJH) Stipulation, (240 in 3:07-cv-01200-PJH) (406 in 3:06-cv-01665-PJH) Stipulation. Signed by Judge Phyllis J. Hamilton on 9/23/08. (nah, COURT STAFF) (Filed on 9/23/2008)

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Kent A. Gardiner (pro hac vice) Kathryn D. Kirmayer (pro hac vice) Jerome A. Murphy (pro hac vice) David D. Cross (pro hac vice) Matthew J. McBurney (pro hac vice) CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2595 Telephone: [phone] Facsimile: 202-628-5116 E-mail: [e-mail] m [e-mail] m [e-mail] m [e-mail] m [e-mail] m Daniel A. Sasse (CA Bar No. 236234) Theresa C. Lopez (CA Bar No. 205338) CROWELL & MORING LLP 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 Telephone: [phone] Facsimile: 949-263-8414 E-mail: [e-mail] m [e-mail] Counsel for Sun Microsystems, Inc., Unisys Corporation, Jaco Electronics, Inc., Edge Electronics, Inc., and All American Semiconductor, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Sun Microsystems, Inc., et al. v. Hynix Semiconductor, Inc., et al. Unisys Corporation v. Hynix Semiconductor, Inc., et al. All American Semiconductor, Inc. v. Hynix Semiconductor, Inc., et al Edge Electronics, Inc. v. Hynix Semiconductor, Inc., et al. Jaco Electronics, Inc. v. Hynix Semiconductor, Inc., et al. DRAM Claims Liquidation Trust, by its Trustee, Wells Fargo Bank, N.A. v. Hynix Semiconductor, Inc., et al. Case Nos.: C-06-01665 PJH C-06-02915 PJH C-07-01200 PJH C-07-01207 PJH C-07-01212 PJH C-07-01381 PJH Assigned for all purposes to the Hon. Phyllis J. Hamilton STIPULATION AND [PROPOSED] ORDER REGARDING PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS

STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381

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STIPULATION This Stipulation is entered into between plaintiffs Sun Microsystems, Inc., Unisys Corporation, All American Semiconductor, Inc., Edge Electronics, Inc., Jaco Electronics, Inc., and DRAM Claims Liquidation Trust (collect ively, "Plaintiffs") and defendants Hynix Semiconductor Inc., Hynix Semiconductor America Inc., Elpida Memory, Inc., Elpida Memory (USA) Inc., Infineon Technologies AG, Infineon Technologies North America Corp., Nanya Technology Corporation, Nanya Technology Corporation USA, Samsung Electronics Co. Ltd., Samsung Semiconductor, Inc., Micron Technology, Inc., Micron Semiconductor Products, Inc., and NEC Electronics America, Inc. (collectively, "Defendants") in the above-captioned actions, and is made with regard to the following facts: WHEREAS, Defendants filed a motion to dismiss certain of Plaintiff Sun Microsystems, Inc.'s claims on July 8, 2008; WHEREAS, Defendants served on Plaintiffs on July 30, 2008, and filed with the Court on August 8, 2008, other dispositive motions and a motion to exclude the testimony of Plaintiffs' expert Dr. Halbert White (collectively, together with Defendants' motion to dismiss, "Defendants' Motions"); WHEREAS, the deadline for Plaintiffs to file briefs in opposition to Defendants' Motions (collectively, "Plaintiffs' Opposition Briefs") is September 24, 2008; WHEREAS, the deadline for Defendants to file reply briefs in further support of Defendants' Motions (collectively, "Defendants' Reply Briefs") is October 29, 2008; WHEREAS, the parties met and conferred regarding the service and filing of exhibits to Plaintiffs' Opposition Briefs and Defendants' Reply Briefs containing information designated "Confidential" or "Highly Confidential" pursuant to the protective orders entered in these actions; WHEREAS, the parties are cooperating with each other, and with third parties, in order to minimize the burden on the Court arising from the filing of Plaint iffs' Opposition Briefs and Defendants' Reply Briefs with respect to materials containing information designated "Confidential" or "Highly Confidential" and the need, if any, to file such exhibits under seal; WHEREAS, this Court, during a telephonic conference with the parties held July 24,
-1STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381

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2008, established a procedure for serving and filing Defendants' Motions that provided the parties and the Court with nine days to determine what materials could be filed under seal, thereby substantially diminishing the burden on the Court by dramatically reducing the number of documents to be presented to the Court for a ruling on motions to seal and then by reducing the number of materials to be lodged with the Court and filed under seal to only one document through the Court's ruling on the motions to seal; WHEREAS, the parties have agreed to follow nearly the same procedure for Plaintiffs' Opposition Briefs and Defendants' Reply Briefs in order to again substantially diminish the burden on the Court; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. Plaint iffs will serve their Opposition Briefs on Defendants no later than Wednesday, September 24, 2008, by email (any exhibits that cannot be served by email due to size limitations will be served by overnight delivery); 2. Defendants will identify the information cited in Plaintiffs' Opposition Briefs for which they will withdraw the "Confidential" or "Highly Confidential" designations no later than 10:00 a.m. (Eastern) on Friday, September 26, 2008; 3. The parties will file with the Court any necessary motions to seal and supporting declarations relating to Plaintiffs' Opposition Briefs no later than Friday, September 26, 2008; 4. Plaint iffs will file wit h the Court their Opposition Briefs with the Court no later than Thursday, October 2, 2008; 5. Defendants will serve their Reply Briefs on Plaint iffs and file the same with the Court no later than Friday, October 31, 2008 (defendants will serve their Reply Briefs on Plaintiffs by email (any exhibit s that cannot be served by email due to size limitations will be served by overnight delivery)); 6. The parties will file with the Court any necessary motions to seal and supporting declarations relating to Defendants' Reply Briefs no later than Friday, October 31, 2008; and
-2STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381

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7. The parties will endeavor in good faith to meet and confer in advance of the filing of Defendants' Reply Briefs to identify information for which the "Confidential" or "Highly Confidential" designat ions will be withdrawn, such that the information may be publicly filed. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: September 22, 2008 CROWELL & MORING LLP

By:

/s/ David D. Cross David D. Cross

Attorneys for Plaintiffs SUN MICROSYSTEMS, INC.; UNISYS CORPORATION; ALL AMERICAN SEMICONDUCTOR, INC.; EDGE ELECTRONICS, INC. and JACO ELECTRONICS, INC. Dated: September 22, 2008 LINDQUIST & VENNUM P.L.L.P.

By:

/s/ James M. Lockhart James M. Lockhart

Attorneys for Plaintiff DRAM CLAIMS LIQUIDATION TRUST, BY ITS TRUSTEE, WELLS FARGO BANK, N.A. Dated: September 22, 2008 O'MELVENY & MYERS LLP

By:

/s/ Paul B. Salvaty Paul B. Salvaty

Attorneys for Defendants HYNIX SEMICONDUCTOR INC. and HYNIX SEMICONDUCTOR AMERICA INC.

-3STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381

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Dated: September 22, 2008

ORRICK, HERRINGTON & SUTCLIFFE LLP

By:

/s/ Howard M. Ullman Howard M. Ullman Attorneys for Defendants NANYA TECHNOLOGY CORPORATION and NANYA TECHNOLOGY CORPORATION USA Dated: September 22, 2008 SIMPSON THACHER & BARTLETT LLP

By:

/s/ Harrison J. Frahn Harrison J. Frahn IV

Attorneys for Defendants ELPIDA MEMORY, INC. and ELPIDA MEMORY (USA) INC. Dated: September 22, 2008 THELEN REID BROWN RAYSMAN & STEINER LLP

By:

/s/ Robert Pringle Robert Pringle

Attorneys for Defendants NEC ELECTRONICS AMERICA, INC. Dated: September 22, 2008 KAYE SCHOLER LLP

By:

/s/ Julian Brew Julian Brew

Attorneys for Defendants INFINEON TECHNOLOGIES AG and INFINEON TECHNOLOGIES NORTH AMERICA CORP.

-4STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381

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Dated: September 22, 2008

SHEPPARD MULLIN RICHTER & HAMPTON LLP

By:

/s/ David Garcia David Garcia

Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD. and SAMSUNG SEMICONDUCTOR, INC. Dated: September 22, 2008 GIBSON DUNN & CRUTCHER LLP

By:

/s/ Joel Sanders Joel Sanders

Attorneys for Defendants MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC. Dated: September 22, 2008 THELEN REID BROWN RAYSMAN & STEINER LLP

By:

/s/ Samuel J. Maselli Samuel J. Maselli

Attorneys for Defendants HYNIX SEMICONDUCTOR INC. and HYNIX SEMICONDUCTOR AMERICA INC. in the DRAM Claims Liquidation Trust matter only

PURSUANT TO STIPULATION, IT IS SO ORDERED. AT

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D 9/23/08 RDERE DATED: ________________________ _____________________________________ S SO O IT I Honorable Phyllis J. Hamilton United States District Court Judge lton J. Hami Phyllis Judge
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ATTESTATION OF FILING I hereby attest that I have obtained concurrence in the filing of this document from the Plaintiffs and the Defendants listed in the signature blocks above. /s/ David D. Cross David D. Cross Attorney for Plaintiffs SUN MICROSYSTEMS, INC.; UNISYS CORPORATION; ALL AMERICAN SEMICONDUCTOR, INC.; EDGE ELECTRONICS, INC. and JACO ELECTRONICS, INC.

-6STIPULATION AND PROPOSED ORDER RE: PROCEDURE FOR FILING PLAINTIFFS' BRIEFS AND DEFENDANTS' REPLY BRIEFS CASE NOS. C06-01665; CO6-02915; C07-01200; C07-01207; C07-01212; C07-01381