TV Interactive Data Corporation v. Sony Corporation et al

Filing 349

STIPULATION AND AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN re 340 Stipulation filed by P&F USA, Inc., Funai Corporation, Inc., Funai Electric Co., Ltd. Signed by Judge Phyllis J. Hamilton on 10/12/11. (nah, COURT STAFF) (Filed on 10/12/2011)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 TV INTERACTIVE DATA CORPORATION, a California Corporation, Plaintiff, 5 6 7 8 9 10 11 12 13 14 15 16 17 v. SONY CORPORATION; SONY COMPUTER ENTERTAINMENT INC.; SONY COMPUTER ENTERTAINMENT AMERICA, INC.; SONY CORPORATION OF AMERICA; SONY ELECTRONICS, INC.; SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS AMERICA, INC.; ROYAL PHILIPS ELECTRONICS N.V.; PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.; TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.; VICTOR COMPANY OF JAPAN, LTD.; JVC AMERICAS CORP.; LG ELECTRONICS, INC.; LG ELECTRONICS U.S.A., INC.; ZENITH ELECTRONICS LLC; PIONEER CORPORATION; PIONEER ELECTRONICS (USA) INC.; SHARP CORPORATION; SHARP ELECTRONICS CORPORATION; FUNAI ELECTRIC CO., LTD.; FUNAI CORPORATION, INC.; D&M HOLDINGS INC.; D&M HOLDINGS US, INC.; AND DENON ELECTRONICS (USA), LLC, Case No. C 10-00475 PJH STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN DEPONENT: FUNAI ELECTRIC CO., LTD. AND INDIVIDUALS Defendants. 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-00475 PJH 1 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 JOINT STIPULATION 2 Beginning on or about October 17, 2011, TV Interactive Data Corp. (“TVI”) will begin 3 depositions of certain witnesses from Funai Electric Co. Ltd. (“Funai”) at the U.S. Consulate in 4 Osaka-Kobe. TVI and Funai hereby submit and jointly stipulate to the following Proposed 5 Amended Order/Commission for Depositions to be Taken in Japan. 6 The following Proposed Amended Order/Commission for Depositions to be Taken in 7 Japan differs from the Order/Commission for Depositions to be Taken in Japan signed by 8 Magistrate Judge Lloyd on August 31, 2011, in the following ways: 9 (1) The Proposed Amended Order/Commission includes an additional check 10 interpreter in section 2: Akiko Hirashima; 11 (2) The Proposed Amended Order/Commission includes the full name of the 12 individual previously identified as “Mr. Onishi” in sections 1 and 2: Kazuaki 13 Onishi; and 14 (3) The Proposed Amended Order/Commission adds Mr. Kanji Imanishi as a 15 deponent. 16 17 18 19 20 21 22 FOR PLAINTIFF TV INTERACTIVE DATA CORP. ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. By: /s/ Sang Young A. Brodie Sang Young A. Brodie (pro hac vice) E-mail: sybrodie@rkmc.com Richard M. Martinez (pro hac vice) E-mail: rmmartinez@rkmc.com Trevor J. Foster (pro hac vice) E-mail: tjfoster@rkmc.com Victor C. Chan (pro hac vice) E-mail: vcchan@rkmc.com Dated: October 7, 2011 23 24 25 26 27 28 Case No. C 10-00475 PJH 2 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 2 3 4 5 FOR DEFENDANT FUNAI ELECTRIC CO., LTD. AND INDIVIDUAL DEPONENTS: BAKER & HOSTETLER, LLP By: /s/ Kevin W. Kirsch Kevin W. Kirsch E-mail: kkirsch@bakerlaw.com David A. Mancino E-mail: dmancino@bakerlaw.com John F. Bennett E-mail: jbennett@bakerlaw.com 6 Dated: October 7, 2011 7 8 I, Kevin W. Kirsch, am the ECF user whose User ID and Password are being utilized in the 9 electronic filing of the STIPULATION AND [PROPOSED] AMENDED 10 ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN. Pursuant to the 11 Northern District of California’s General Order 45(X)(B), I attest that concurrence in the filing 12 has been obtained from Sang Young A. Brodie. 13 Dated: October 7, 2011 /s/ Kevin W. Kirsch Kevin W. Kirsch 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-00475 PJH 3 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN 2 IN JAPAN 3 TO: 4 ANY CONSUL OR VICE CONSUL OF THE UNITED STATES OF AMERICA AT OSAKA-KOBE, JAPAN 5 Upon the application of Complainant TV Interactive Data Corporation (“TVI”), in TVI 6 Data Corp. v. Sony Corp., et al., Inv. No. 10-00475, before the U.S. District Court for the 7 Northern District of California, and pursuant to Article 17 of the United States – Japan Consular 8 Convention, 9 IT IS ORDERED THAT the depositions on notice of the following witnesses may be 10 taken at the U.S. Consulate in Osaka-Kobe, Japan, on one or more dates during the period from 11 on or about October 17, 2011, at 8:30 a.m. to on or about November 10, 2011 at 4:00 p.m. as 12 follows, and that any documentary exhibits in connection therewith be marked: 13 1. 14 Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co., Ltd. Funai Electric Co., Ltd. 7-7-1 Nakagaito, DaitoCity Osaka 574-0013, Japan 15 16 17 Potential witnesses for the Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co. include, 18 at the discretion of Funai Electric Co., any combination of one or more of the following: 19 Tadashi Shimoguchi Tsuyoshi Kamitani Hideo Saito Hiroki Nakamura Jun Tateishi Kazuaki Onishi Goro Seki Kazuyuki Fujiwara Yoshikazu Fujita Makato Takemoto Shigeru Yokota Yoichi Kanazawa Kozo Wada 20 21 22 23 2. 24 Fed. R. Civ. P., Rule 30(b)(1) depositions of individuals 25 Potential witnesses for depositions under Fed. R. Civ. P., Rule 30(b)(1) include: 26 /// 27 /// 28 Case No. C 10-00475 PJH 4 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 2 3 4 Kozo Wada Tadashi Shimoguchi Tsuyoshi Kamitani Hideo Saito Hiroki Nakamura Jun Tateishi Kazuaki Onishi Kanji Imanishi Goro Seki Kazuyuki Fujiwara Yoshikazu Fujita Shinji Seki Makato Takemoto Shigeru Yokota Yoichi Kanazawa 5 6 Counsel for Defendant Funai Electric Co. who will participate in said depositions are 7 Kevin W. Kirsch, David A. Mancino, and John F. Bennett. In addition, William Mangioni-Smith 8 may attend on behalf of Funai Electric Co. 9 10 Members of Funai Electric Co.’s Intellectual Property Group that may attend the depositions include Hisao Tatsumi, Goro Seki, Hiroki Nakamura, and Takafumi Ishii. 11 Check interpreters that may be attending the depositions include: 12 Yoshiyuki Onishi Christopher Field Asami Isomichi Mia Matsumura Junko Sumida Toyu Yazaki Ellen Shang Travis Akiko Hirashima 13 14 15 16 17 Counsel for TVI who will participate in said depositions are Richard M. Martinez, Sang 18 Young A. Brodie, Trevor J. Foster, and Victor C. Chan. In addition, James Tornes and Andrew 19 Wolfe may attend on behalf of TVI. 20 Jared Taylor will act as interpreter. 21 The proceedings will be recorded by Christopher Sheppard Hanlon, Lee Anthony Bowry, 22 Peter Wai Kwong Au, Jeffrey Marc Menton, Randell Buckler, Deborah Marshall, Jodi Harmon, 23 Lawrence Paul Nelson, Melanie Louise Giamarco, Tracey LoCastro and/or Randi Birnhak with 24 American Realtime Court Reporters & Videographers. Please cause the testimony of said 25 witnesses to be recorded by video and reduced to writing; the depositions to be signed by said 26 witnesses; said deposition testimony to be annexed to your Commission and closed under your 27 seal; and the return of these materials to this Court with all convenient speed. 28 Case No. C 10-00475 PJH 5 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 WITNESS, the Honorable Phyllis J. Hamilton, United States District Judge of the United States 2 12th October District Court, Northern District of California, this ______ day of __________ 2011. 3 4 Honorable Phyllis J. Hamilton United States District Court Northern District of California Oakland Courthouse, Courtroom 3 - 3rd Floor 1301 Clay Street, Oakland, CA 94612 5 6 7 I hereby certify that the signature above is that of the Honorable Phyllis J. Hamilton, United 8 States District Judge of the United States District Court, Northern District of California. 9 _____________________ Clerk of the Court. 10 By: _________________ 11 Deputy Clerk: ________________ 12 Seal: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-00475 PJH 6 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 1 CERTIFICATE OF SERVICE 2 I declare that I am employed with the law firm of Baker & Hostetler LLP, whose address is 312 Walnut Street, Suite 3200, Cincinnati, Ohio 45202. I am not a party to the within cause, and I am over the age of eighteen years. 3 4 I further declare that on October 7, 2011, I served the following: 5 STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN 6 7 8 9 10 11 12 13 14 BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through Baker & Hostetler LLP’s electronic mail system to the e-mail addresses set forth below per agreement of the parties in accordance with Fed. R. Civ. P. 5(b). Robert E. McBride Email: rmcbride@mayerbrown.com Mayer Brown LLP 1999 K Street, NW Washington, DC 20006-1101 Sten Anker Jensen Email: sjensen@orrick.com Orrick Herrington & Sutcliffe LLP 1152 15th St. NW Washington, DC 20005 Steven J. Routh Email: srouth@orrick.com Orrick, Herrington & Sutcliffe LLP 1152 15th Street, NW Washington, DC 20005 15 16 17 18 BY MAIL by placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with the firm’s practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Cincinnati, Ohio, in sealed envelopes with postage fully prepaid. 19 20 21 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 7, 2011, in Cincinnati, Ohio. 22 /s/ John F. Bennett John F. Bennett 23 24 25 26 27 28 Case No. C 10-00475 PJH 7 AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN

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