State of New York v. Micron Technology Inc. et al

Filing 219

STIPULATION AND ORDER to permit NY to depose an Infineon witness pursuant to NY's 2009 Fed R. Civ. P., 30(b)(6) Notice of Deposition on or about Jan. 14, 2010. Signed by Judge Joseph C. Spero on 12/18/09. (klh, COURT STAFF) (Filed on 12/21/2009)

Case4:06-cv-06436-PJH Document218

Filed12/18/09 Page1 of 3

ANDREW M. CUOMO Attorney General of the State of New York RICHARD L. SCHWARTZ JEREMY R. KASHA Assistant Attorneys General Office of the New York Attorney General 120 Broadway, 26th Floor New York, New York 10271-0332 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff State of New York IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re DYNAMIC RANDOM ACCESS MEMORY (DRAM) ANTITRUST LITIGATION Master File No. M-02-1486 PJH MDL No. 1486 Case No. C 06-6436 PJH This Document Relates to: STATE OF NEW YORK, Plaintiff, v. MICRON TECHNOLOGY, INC., et al., Defendants. STIPULATION AND [PROPOSED] ORDER Judge: Hon. Phyllis J. Hamilton

WHEREAS New York has been taking discovery, pursuant to the Court Orders dated January 5, 2009 and July 27, 2009, from certain Defendants, including Infineon Technologies AG & Infineon Technologies North America Corp. (the "Infineon defendants"), concerning certain affirmative defenses; and

STIPULATION AND ORDER

C 06-6436 (PJH) M 02-1486 (PJH)

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Case4:06-cv-06436-PJH Document218

Filed12/18/09 Page2 of 3

WHEREAS the Stipulation and Order dated July 27, 2009 requires the parties to schedule and conduct Fed. R. Civ. P. 30(b)(6) depositions noticed in 2009 by New York within 150 days of entry of the Order, i.e., by December 24, 2009; and WHEREAS following extensive meet and confer discussions, New York was able to schedule and conduct depositions of certain defendants other than the Infineon defendants in December 2009; and WHEREAS it was not possible, for practical reasons, for New York and the Infineon defendants to schedule a deposition of an appropriate Infineon witness during the same time frame as the other depositions that have already been held in December 2009; and WHEREAS New York and Infineon have negotiated in good faith and have reached an agreement to conduct the deposition on or about January 14, 2010, i.e., after the deadline otherwise imposed by the July 27, 2009 Stipulation and Order; IT IS HEREBY STIPULATED BY NEW YORK AND THE INFNEON DEFENDANTS THAT: Paragraph 8(b) of the Stipulation and Order dated July 27, 2009 is hereby modified so as to permit New York to depose an Infineon witness pursuant to New York's 2009 Fed. R. Civ. P. 30(b)(6) Notice of Deposition on or about January 14, 2010. Aside from this date modification, the remainder of the stipulation shall remain in place and shall have the same force and effect on the deposition of the Infineon witness as if the deposition had taken place prior to December 24, 2009. // // //
STIPULATION AND ORDER C 06-6436 (PJH) M 02-1486 (PJH)

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Case4:06-cv-06436-PJH Document218

Filed12/18/09 Page3 of 3

Dated: December 18, 2009 ANDREW M. CUOMO Attorney General of the State of New York Antitrust Bureau 120 Broadway, 26th Floor New York, New York 10271 [phone] By /s/ Jeremy R. Kasha RICHARD L. SCHWARTZ JEREMY R. KASHA Assistant Attorneys General Antitrust Bureau Counsel for the State of New York Dated: 12/18/09
UNIT ED

Kaye Scholer LLP 1999 Ave. of the Stars, Suite 1700 Los Angeles, CA 90067 Phone: [phone] By__/s/ Joshua S. Stambaugh________ ATON ARBISSER JULIAN BREW JOSHUA S. STAMBAUGH Counsel for Infineon Technologies AG & Infineon Technologies North America Corp.

SO ORDERED:

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F D IS T IC T O R

STIPULATION AND ORDER

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Judge Jo

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Spero

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___________________________ U.S.M.J. JOSEPH SPERO
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ISTRIC ES D TC AT T

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C 06-6436 (PJH) M 02-1486 (PJH)

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