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)
Case4:10-cv-02160-SBA Document76
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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HYOSUNG (AMERICA), INC. and
NAUTILUS HYOSUNG INC.
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Petitioners,
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v.
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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
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Defendants.
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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
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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.
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2. Any motion to stay and/or motion for a protective order governing Mr. Lee and/or
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any of the other defendants based on the ongoing Korean criminal proceedings
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and/or the Fifth Amendment to the United States Constitution shall be filed no
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later than May 13, 2011, though this stipulation shall not preclude future motions
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for a stay or a protective order that may be based on new or changed circumstances
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and are not being relied on as a basis for the present extension;
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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;
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7. This stipulation shall not extend any other applicable deadline in the litigation; and
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8. Mr. Lee and the other defendants shall participate in the Case Management
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Conference scheduled for May 25, 2011 and the ENE Conference scheduled for
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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
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Dated: May 3, 2011
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Filed05/03/11 Page3 of 3
MATTHEW H. POPPE
KRISTIN S. CORNUELLE
JACOB A. SNOW
ORRICK, HERRINGTON & SUTCLIFFE LLP
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By: /s/ Matthew H. Poppe /s/
Matthew H. Poppe
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Attorneys for Defendants
HANTLE, INC.
WON GEE LEE
MYUNG WON SUH
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Dated: May 3, 2011
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ADAM A. LEWIS
GRANT L. KIM
ALISON M. TUCHER
BARBARA N. BARATH
MORRISON & FOERSTER LLP
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By: /s/ Grant L. Kim /s/ [as authorized]
Grant L. Kim
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Attorneys for Plaintiffs
HYOSUNG (AMERICA), INC.
NAUTILUS HYOSUNG, INC.
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Dated: May 3, 2011
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MICHAEL LI-MING WONG
THAD A. DAVIS
ROCKY C. TSAI
ROPES & GRAY LLP
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By:
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/s/ Thad A. Davis /s/ [as authorized]
Thad A. Davis
Attorneys for Defendant
GENMEGA, INC.
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XXXXXXXX ORDER
[PROPOSED]
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PURSUANT TO STIPULATION IT IS SO ORDERED.
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Dated:
5/6/11
By:_____________________________
United States District Court Judge
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-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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