Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from Michael W. Scarborough.
STIPULATION RE EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO COMPLAINT; [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND COMPLAINTS IN RELATED ACTIONS
WHEREAS the undersigned plaintiff has filed the above-captioned case;
WHEREAS plaintiff alleges antitrust violations by manufacturers, distributors, and sellers of Cathode-Ray Tubes and products containing Cathode-Ray Tubes (collectively "CRT products");
WHEREAS six complaints have been filed to date in federal district courts throughout the United States by plaintiffs purporting to bring class actions on behalf of direct and indirect purchasers alleging antitrust violations by manufacturers, distributors, and sellers of CRT products (collectively "the CRT Cases");
WHEREAS, a motion is pending before the Judicial Panel on Multidistrict Litigation to transfer the CRT cases to this jurisdiction for coordinated and consolidated pretrial proceedings pursuant to 28 U.S.C. Section 1407, a response to the motion supporting coordination or consolidation has been filed, and plaintiff and defendant Samsung SDI America, Inc. anticipate that additional responses will be filed;
WHEREAS plaintiff anticipates the possibility of Consolidated Amended Complaints in the CRT Cases;
WHEREAS plaintiff and Samsung SDI America, Inc. have agreed that an orderly schedule for any response to the pleadings in the CRT Cases would be more efficient for the parties and for the Court;
WHEREAS plaintiff agrees that the deadline for Samsung SDI America, Inc. to answer, move, or otherwise respond to its Complaint shall be extended until the earliest of the following dates: (1) forty-five days after the filing of a Consolidated Amended Complaint in the CRT Cases; or (2) forty-five days after plaintiff provides written notice to Samsung SDI America, Inc. that plaintiff does not intend to file a Consolidated Amended Complaint, provided however, that in the event that Samsung SDI America, Inc. should agree to an earlier response date in any CRT case, Samsung SDI America, Inc. will respond to the Complaint in the above-captioned action on that earlier date;
WHEREAS plaintiff further agrees that this extension is available, without further stipulation with counsel for plaintiff, to all named defendants who notify plaintiff in writing of their intention to join this Stipulation;
WHEREAS this Stipulation does not constitute a waiver by Samsung SDI America, Inc. of any defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process or service of process;
WHEREAS, with respect to any named defendant joining the Stipulation, this Stipulation does not constitute a waiver of any defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process or service of process.
PURSUANT TO LOCAL RULE 6-1(a), PLAINTIFF AND DEFENDANT SAMSUNG SDI AMERICA, INC., BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY STIPULATE AS FOLLOWS:
1. The deadline for Samsung SDI America, Inc. to answer, move, or otherwise respond to plaintiff's Complaint shall be extended until ...