In re: UTSTARCOM, INC. SECURITIES LITIGATION

Filing 423

STIPULATION AND ORDER Modifying the 343 Scheduling Order February 17, 2010 re: EXPERT DISCOVERY re 421 Stipulation. Signed by Judge James Ware on 8/9/2010. (ecg, COURT STAFF) (Filed on 8/9/2010)

In re: UTSTARCOM, INC. SECURITIES LITIGATION

Doc. 423

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SULLIVAN & CROMWELL LLP

Robert A. Sacks (SBN 150146) ([e-mail]) SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Jason de Bretteville (SBN 195069) ([e-mail]) Sverker K. Hogberg (SBN 244640) ([e-mail]) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SOFTBANK HOLDINGS, INC. SOFTBANK AMERICA, INC. and SOFTBANK CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IN RE UTSTARCOM, INC. SECURITIES LITIGATION

This Document relates to: ALL ACTIONS

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Master File No. C-04-4908-JW (PVT) Stipulation and [PROPOSED] ORDER Modifying the February 17, 2010 Scheduling Order re: EXPERT DISCOVERY

Pursuant to Civil L.R. 7-12, the parties hereby stipulate as follows: WHEREAS, pursuant to the Court's February 17, 2010 Scheduling Order (the "Scheduling Order"), the close of all discovery, including expert and fact discovery, is currently set for October 15, 2010; WHEREAS, the parties have diligently pursued discovery, including propounding and responding to several sets of documents requests, interrogatories and requests for admission, and continue to move forward with discovery; 1
STIPULATION AND ORDER MODIFYING FEBRUARY 17, 2010 SCHEDULING ORDER Master File No. C-04-4908-JW (PVT) Dockets.Justia.com

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WHEREAS, the Court has made clear that it wishes to maintain the current date for hearing dispositive motions; WHEREAS, the parties believe that, except for the deposition of Mr. Hong Liang Lu, October 15, 2010 is a reasonable deadline for the completion of fact discovery given the scope of discovery and the international aspects of this case; WHEREAS, counsel for Mr. Lu, the SoftBank defendants and plaintiffs have met and conferred extensively concerning the scheduling of Mr. Lu's deposition given that he now resides in China, and cannot make himself available for a deposition in San Francisco on a date or dates when

9 counsel for plaintiffs are available until the week of October 25, 2010; 10 WHEREAS, under the Scheduling Order, the disclosure of expert witnesses is due

11 August 13, 2010, the disclosure of rebuttal expert witnesses is due August 27, 2010, and motions to 12 exclude expert testimony are due August 30, 2010; 13 WHEREAS, after taking the Court's July 26, 2010 Order into consideration, the parties

14 have met and conferred and have agreed to respectfully seek modification of the Scheduling Order for 15 the limited purposes of allowing for a brief continuation of discovery with respect to the deposition of 16 Mr. Hong Lu and a modification to the schedule for disclosure of expert witnesses; 17 WHEREAS, the proposed modifications do not otherwise alter the discovery cut-off date,

18 the date for filing dispositive motions, or the hearing of dispositive motions as originally set forth in the 19 Scheduling Order. 20 IT IS THEREFORE STIPULATED by the undersigned, subject to the Court's approval,

21 that the Scheduling Order be modified as follows: 22 23 24 25 26 27 28
SULLIVAN & CROMWELL LLP

August 30, 2010 September 10, 2010 September 20, 2010 September 24, 2010

Hearing on Final Approval of Partial Settlement 10:00 a.m. (unchanged) Preliminary Pretrial Conference Statements due (unchanged); Expert Witness Disclosures and Reports due Prelim. Pretrial Conf. at 11:00 a.m. (unchanged) Rebuttal Expert Witness Disclosures and Reports due 2
STIPULATION AND ORDER MODIFYING FEBRUARY 17, 2010 SCHEDULING ORDER Master File No. C-04-4908-JW (PVT)

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SULLIVAN & CROMWELL LLP

September 27, 2010 to October 15, 2010 October 15, 2010 November 8, 2010 November 22, 2010

Depositions of Expert Witnesses Close of Discovery (unchanged except for deposition of Hong Liang Lu) Motions for Summary Judgment due (unchanged) and Motions to Exclude Expert Testimony due Oppositions to Motions for Summary Judgment due (unchanged) and Oppositions to Motions to Exclude Expert Testimony due Reply Briefs in Support of Motions for Summary Judgment due (unchanged) and Reply Briefs in Support of Motions to Exclude Expert Testimony due Hearing for dispositive motions (Motions for Summary Judgment) (unchanged) and hearing for Motions to Exclude Expert Testimony

November 29, 2010

December 13, 2010

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: August 2, 2010 /s Jason de Bretteville Jason de Bretteville (SBN 195069) Sverker K. Hogberg (SBN 244640) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] [phone] Facsimile: Robert A. Sacks (SBN 150146) SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Softbank Holdings, Inc. Softbank America, Inc. and Softbank Corporation Dated: August 2, 2010 /s Shirley Huang Shawn A. Williams Shirley Huang Daniel J. Pfefferbaum 3
STIPULATION AND ORDER MODIFYING FEBRUARY 17, 2010 SCHEDULING ORDER Master File No. C-04-4908-JW (PVT)

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Phillip G. Freemon ROBBINS GELLER RUDMAN & DOWD LLP 100 Pine Street, Suite 2600 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] John J. Rice ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs

I, Jason de Bretteville, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Modifying the February 17, 2010 Scheduling Order. In compliance 12 with General Order 45, X.B., I hereby attest that Shirley Huang has concurred in this filing. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SULLIVAN & CROMWELL LLP

/s Jason de Bretteville Jason de Bretteville * * ORDER Pursuant to the foregoing stipulation, and for good cause appearing, the schedule of the case is as modified follows: *

August 30, 2010 September 10, 2010 September 20, 2010 September 24, 2010 September 27, 2010 to October 15, 2010 October 15, 2010

Hearing on Final Approval of Partial Settlement 10:00 a.m. (unchanged) Preliminary Pretrial Conference Statements due (unchanged); Expert Witness Disclosures and Reports due Prelim. Pretrial Conf. at 11:00 a.m. (unchanged) Rebuttal Expert Witness Disclosures and Reports due Depositions of Expert Witnesses Close of Discovery (unchanged except for 4
STIPULATION AND ORDER MODIFYING FEBRUARY 17, 2010 SCHEDULING ORDER Master File No. C-04-4908-JW (PVT)

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SULLIVAN & CROMWELL LLP

deposition of Hong Liang Lu) November 8, 2010 November 22, 2010 Motions for Summary Judgment due (unchanged) and Motions to Exclude Expert Testimony due Oppositions to Motions for Summary Judgment due (unchanged) and Oppositions to Motions to Exclude Expert Testimony due Reply Briefs in Support of Motions for Summary Judgment due (unchanged) and Reply Briefs in Support of Motions to Exclude Expert Testimony due Hearing for dispositive motions (Motions for Summary Judgment) (unchanged) and hearing for Motions to Exclude Expert Testimony

November 29, 2010

December 13, 2010

IT IS SO ORDERED.
August 9, 2010 DATED: _________________________

__________________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER MODIFYING FEBRUARY 17, 2010 SCHEDULING ORDER Master File No. C-04-4908-JW (PVT)