UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
April 16, 2010
IN RE DYNAMIC RANDOM ACCESS MEMORY (DRAM) ANTITRUST LITIGATION
THIS DOCUMENT RELATES TO:
PREIS ET. AL.
HITACHI, LTD., ET AL.,
The opinion of the court was delivered by: The Honorable Phyllis J. Hamilton United States District Judge
MDL No. 1486 22
STIPULATION AND [PROPOSED] ORDER VACATING MAY 6, 2010 CASE MANGAGEMENT CONFERENCE
This Stipulation is entered into pursuant to Northern District of California Civil Local Rule 7-11(a) between Plaintiff Alan Preis and defendants Hitachi, Ltd., Mitsubishi Electric Corporation, Mitsubishi Electric & Electronics USA, Inc., Toshiba Corporation and Toshiba America Electronic Components, Inc. in Alan Preis v. Hitachi, Ltd., et al. ("Preis") filed January 25, 2010, and assigned to the Honorable Phyllis J. Hamilton, and is made with reference to the following facts:
WHEREAS, plaintiff Alan Preis filed a class action complaint against defendants Hitachi, Ltd., Mitsubishi Electric Corporation, Mitsubishi Electric & Electronics USA, Inc., Toshiba Corporation and Toshiba America Electronic Components, Inc. on January 25, 2010, alleging a conspiracy to illegally fix, raise, maintain and/or stabilize the prices charged for DRAM;
WHEREAS, on January 29, 2010, plaintiff Alan Preis filed an Administrative Motion To Consider Whether Cases Should Be Related to In Re Dynamic Random Access Memory Antitrust Litigation, ("DRAM") Master File No. M-02-1486 PJH, MDL No. 1486, filed in the Northern District of California and assigned to the Honorable Phyllis J. Hamilton ("Related Case Motion");
WHEREAS, On February 3, 2010 the Honorable Phyllis J. Hamilton issued a Related Case Order, relating the Preis matter with DRAM;
WHEREAS, on February 5, 2010 the parties entered into a Stipulation And [Proposed] Order Re Acceptance Of Service Of Summons And Complaint And Extension Of Time To Respond to the Preis complaint, which states that the deadline for an answer or other response to the Preis complaint, if necessary, is after the Court rules on the class action settlements. conference for May 6, 2010 (see Document No. 7);
WHEREAS, On April 1, 2010, Plaintiff filed a Motion for Preliminary Approval of Class
WHEREAS, on February 16, 2010 the Court issued an Order setting a case management Action Settlements with Defendants (1) Mitsubishi Electric Corporation and Mitsubishi Electric and Electronics USA, Inc. ("Mitsubishi"); (2) Hitachi, Ltd. ("Hitachi"); and (3) Toshiba America Electronic Components, Inc., and Toshiba Corporation ("Toshiba");
WHEREAS, the hearing date for Plaintiffs Motion for Preliminary Approval of Class Action Settlements has been re-noticed for May 12, 2010;
WHEREAS, the parties believe that all matters that would be covered at the May 6, 2010 Case Management Hearing can be addressed with the Court at the May 12, 2010 hearing for Preliminary Approval of Class Action Settlements;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the Case Management Conference hearing scheduled for May 6, 2010 shall be taken off calendar.
Any future Court dates will be addressed and set at the May 12, 2010 hearing on the Motion for Preliminary Approval of Class Action Settlements.
Dated: April 12, 2010 Guido Saveri R. Alexander Saveri Cadio Zirpoli SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 Anthony D. Shapiro HAGENS BERMAN SOBOL SHAPIRO LLP 1918 8th Avenue, Suite 3300 Seattle, WA 98101 Fred T. Isquith WOLF, HALDENSTEIN, ADLER, FREEMAN 270 Madison Avenue New York, NY 10016 Counsel for Plaintiff Alan Preis
Dated: April 12, 2010 Matthew J. Jacobs McDERMOTT WILL & EMERY LLP 275 Middlefield Road., Suite 100 Menlo Park, CA 94025 Craig P. Seebald McDERMOTT WILL & EMERY LLP 600 13th Street, NW, Washington, D.C. 20005 Counsel for Hitachi, Ltd.
Dated: April 12, 2010 Michael T. Brody Brent Caslin Jenner & Block LLP 633 West 5th Street, Suite 3500 Los Angeles, CA 90071 Terrence J. Truax Michael T. Brody Jenner & Block LLP 353 North Clark Street Chicago, Illinois 60654 Counsel for Mitsubishi Electric Corporation and Mitsubishi Electric & Electronics USA, Inc.
Dated: April 12, 2010 Daniel M. Wall Belinda S. Lee Latham & Watkins LLP 505 Montgomery Street Suite 2000 San Francisco CA 94111-6538 Counsel for Toshiba America Electronic Components, Inc. and Toshiba Corporation
PURSUANT TO STIPULATION, IT IS SO ORDERED:
ATTESTATION OF FILING
Pursuant to N.D. Cal. General Order No. 45, section 45 X(B), I, Cadio Zirpoli, hereby attest that concurrence in the filing of this stipulation and proposed order has been obtained from Counsel for each of the named parties with conformed signatures listed above.
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