Hyosung (America), Inc. et al v. Hantle USA, Inc.

Filing 77

STIPULATION AND ORDER re 76 Stipulation, filed by Hantle USA, Inc., Nautilus Hyosung Inc., Myung Won Suh, Hyosung (America), Inc., Won Gee Lee, Genmega, Inc.. Signed by Judge ARMSTRONG on 5/6/11. (lrc, COURT STAFF) (Filed on 5/6/2011)

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Case4:10-cv-02160-SBA Document76 1 2 3 4 5 6 7 8 Filed05/03/11 Page1 of 3 MATTHEW H. POPPE (STATE BAR NO. 177854) mpoppe@orrick.com KRISTIN S. CORNUELLE (STATE BAR NO. 245728) kcornuelle@orrick.com JACOB A. SNOW (STATE BAR NO. 270988) jsnow@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 Attorneys for Defendants HANTLE, INC. WON GEE LEE MYUNG WON SUH 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 HYOSUNG (AMERICA), INC. and NAUTILUS HYOSUNG INC. 15 Petitioners, 16 v. 17 18 HANTLE, INC. (fka Hantle USA, Inc.), GENMEGA, INC. (fka Huin, Inc.), WON GEE LEE and MYUNG WON SUH, Case No. CV-10-2160- SBA STIPULATION TO EXTEND TIME FOR DEFENDANT WON GEE LEE TO ANSWER OR OTHERWISE RESPOND TO THE SECOND AMENDED COMPLAINT Judge: Hon. Saundra B. Armstrong 19 Defendants. 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME FOR WON GEE LEE TO ANSWER OR RESPOND CASE NO. CV-10-2160- SBA OHS WEST:261141675.1 Case4:10-cv-02160-SBA Document76 1 2 3 4 5 6 7 8 9 10 Filed05/03/11 Page2 of 3 WHEREAS, Defendant Won Gee Lee (“Mr. Lee”) is subject to a criminal indictment in the Republic of Korea; WHEREAS, in light of the ongoing criminal proceeding in Korea, Mr. Lee plans to file a motion to stay the instant proceedings and/or a motion for a protective order in this matter; WHEREAS, the parties have agreed to extend the time for Mr. Lee to answer Plaintiffs’ Second Amended Complaint, subject to the conditions below; NOW, THEREFORE, pursuant to Local Civil Rules 6-1(a), 7-1(a), and 7-12, all parties, by and through their respective counsel, hereby stipulate as follows: 1. The deadline for Mr. Lee to answer or otherwise respond to the Second Amended Complaint is extended to May 13, 2011. 11 2. Any motion to stay and/or motion for a protective order governing Mr. Lee and/or 12 any of the other defendants based on the ongoing Korean criminal proceedings 13 and/or the Fifth Amendment to the United States Constitution shall be filed no 14 later than May 13, 2011, though this stipulation shall not preclude future motions 15 for a stay or a protective order that may be based on new or changed circumstances 16 and are not being relied on as a basis for the present extension; 17 18 19 20 21 22 23 24 3. Defendants shall meet and confer with Plaintiffs with respect to any such motion to stay and/or motion for a protective order before filing; 4. Plaintiffs shall file their opposition to any such motion to stay and/or motion for a protective order on or before June 3, 2011; 5. Defendant(s) shall file any reply within seven (7) days of the date that Plaintiffs file their opposition; 6. The parties jointly request that the Court issue a ruling on such motion to stay and/or motion for a protective order as soon as possible; 25 7. This stipulation shall not extend any other applicable deadline in the litigation; and 26 8. Mr. Lee and the other defendants shall participate in the Case Management 27 Conference scheduled for May 25, 2011 and the ENE Conference scheduled for 28 June 22, 2011, and shall not seek to postpone those events. -2OHS WEST:261141675.1 STIPULATION TO EXTEND TIME FOR WON GEE LEE TO ANSWER OR RESPOND CASE NO. CV-10-2160- SBA Case4:10-cv-02160-SBA Document76 1 Dated: May 3, 2011 2 Filed05/03/11 Page3 of 3 MATTHEW H. POPPE KRISTIN S. CORNUELLE JACOB A. SNOW ORRICK, HERRINGTON & SUTCLIFFE LLP 3 By: /s/ Matthew H. Poppe /s/ Matthew H. Poppe 4 5 Attorneys for Defendants HANTLE, INC. WON GEE LEE MYUNG WON SUH 6 7 Dated: May 3, 2011 8 9 ADAM A. LEWIS GRANT L. KIM ALISON M. TUCHER BARBARA N. BARATH MORRISON & FOERSTER LLP 10 11 By: /s/ Grant L. Kim /s/ [as authorized] Grant L. Kim 12 13 Attorneys for Plaintiffs HYOSUNG (AMERICA), INC. NAUTILUS HYOSUNG, INC. 14 15 16 Dated: May 3, 2011 17 MICHAEL LI-MING WONG THAD A. DAVIS ROCKY C. TSAI ROPES & GRAY LLP 18 19 By: 20 /s/ Thad A. Davis /s/ [as authorized] Thad A. Davis Attorneys for Defendant GENMEGA, INC. 21 22 XXXXXXXX ORDER [PROPOSED] 23 24 PURSUANT TO STIPULATION IT IS SO ORDERED. 25 26 Dated: 5/6/11 By:_____________________________ United States District Court Judge 27 28 -2OHS WEST:261141675.1 STIPULATION TO EXTEND TIME FOR WON GEE LEE TO ANSWER OR RESPOND CASE NO. CV-10-2160- SBA

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