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In Re Tft-Lcd (Flat Panel) Antitrust Litigation v. Au Optronics Corporation et al.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 28, 2011

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
THIS DOCUMENT RELATES TO: NOKIA CORPORATION AND NOKIA INC., PLAINTIFFS,
v.
AU OPTRONICS CORPORATION ET AL. DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE

"Nokia") filed an amended complaint (the "Amended Complaint") in the above-captioned action; and

("PENAC") filed a motion to dismiss the Amended Complaint (the "Motion to Dismiss"); and November 3, 2010; and

agreement (the "Tolling Agreement") to provide the parties with an opportunity to engage in discussions regarding possible entry into a further tolling agreement and corresponding suspension of 10 the action as against PENAC; and

WHEREAS, on October 21, 2010, the Court approved an extension to the briefing schedule and a continuance of the hearing date to allow for the parties to engage in discussions pursuant to the WHEREAS, the October 21, 2010 Order provided that (1) the hearing set for November 3,2010 would be continued until January 13, 2011; (2) Nokia would file any opposition to the Motion to

WHEREAS, on July 23, 2010, Plaintiffs Nokia Corporation and Nokia, Inc. (collectively,WHEREAS, on August 27, 2010, Defendant Philips Electronics North America CorporationWHEREAS, the return date for the Motion to Dismiss originally was designated to beWHEREAS, on October 7, 2010, PENAC and Nokia entered into a standstill and tolling Tolling Agreement; and Dismiss on or before December 2, 2010; and (3) PENAC would file any reply to Nokia's opposition on or before December 23, 2010; and schedule and a second continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; and would be continued until February 18, 2011; (2) Nokia would file any opposition to the Motion to Dismiss on or before December 21, 2010; and (3) PENAC would file any reply to Nokia's opposition on or before January 17, 2011; and schedule and a third continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; and WHEREAS, on December 1, 2010, the Court approved a second extension to the briefingWHEREAS, the December 1, 2010 Order provided that (1) the hearing set for January 13, 2011WHEREAS, on December 21, 2010, the Court approved a third extension to the briefing 2011 would be continued until February 25, 2011, or as soon thereafter as the Court could hear the matter; (2) Nokia would file any opposition to the Motion to Dismiss on or before January 11, 2011; and (3) PENAC would file any reply to Nokia's opposition on or before February 7, 2011; schedule and a fourth continuance of the hearing date to allow for the parties to continue their discussions pursuant to the Tolling Agreement; would be continued until March 25, 2011, or as soon thereafter as the Court could hear the matter; (2) 10

PENAC would file any reply to Nokia's opposition on or before March 7, 2011; and benefit from an additional extension of time to finalize the terms of that agreement; and agree, subject to the Court's approval, that (1) the above-mentioned hearing currently set forMarch 25, 2011, shall be continued until May 6, 2011, or as soon thereafter as the Court may hear the 17 matter; (2) Nokia will file any opposition to the Motion to Dismiss on or before April 1, 2011; and IT IS SO ORDERED

WHEREAS, the December 21, 2010 Order provided that (1) the hearing set for February 18,WHEREAS, on January 10, 2010, the Court approved a fourth extension to the briefingWHEREAS, the January 10, 2010 Order provided that (1) the hearing set for February 25, 2011Nokia would file any opposition to the Motion to Dismiss on or before February 10, 2011; and (3) WHEREAS, the parties have reached an agreement in principal to settle the matter and wouldNOW THEREFORE, PENAC and Nokia, by and through their respective counsel, stipulate(3) PENAC will file any reply to Nokia's opposition on or before April 22, 2011.

Attestation: The filer of this document attests that the concurrence of the other signatories thereto has been obtained.

Dated: February 28, 2011 B. Parker Miller STIPULATED AND AGREED TO BY: Dated: February 28, 2011 Brendan P. Cullen SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: (650) 461-5600 Facsimile: (650) 461-5700 Garrard R. Beeney SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004-2498 Telephone: (212) 558-4000 Facsimile: (212) 558-3588 Counsel for Defendant Philips Electronics North America Corporation Dated: February 28, 2011 B. Parker Miller B. Parker Miller Peter Kontio Valarie C. Williams ALSTON BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: (404) 881-7000 Facsimile: (404) 881-7777 Randall Allen ALSTON BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: (650) 838-2000 Facsimile: (650) 838-2001 Counsel for Plaintiff Nokia Corporation and Nokia Inc. Randall Allen (State Bar No. 264067) ALSTON BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: 650-838-2000 3 Facsimile: 650-838-2001 Email: randall.allen@alston.com Peter Kontio (peter.kontio@alston.com) Valarie C. Williams (valarie.williams@alston.com) B. Parker Miller (parker.miller@alston.com) ALSTON BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-881-7000 Facsimile: 404-881-7777 Richard W. Stimson (rick.stimson@alston.com) ALSTON BIRD LLP Chase Tower, Suite 3601 2200 Ross Avenue Dallas, Texas 75201 Telephone: 214-922-3400 Facsimile: 214-922-3899 Attorneys for Plaintiffs Nokia Corporation and Nokia Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CASE NO: 3:09-CV-5609 20 MDL FILE NO: 3:07-MD-1827-SI

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION

This Document Relates to: All Cases

NOKIA CORPORATION and NOKIA INC., Plaintiffs, v. CERTIFICATE OF SERVICE AU OPTRONICS CORPORATION et al. Defendants.

I hereby certify that on February 28, 2011, I electronically filed the foregoing STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXTENDING BRIEFING SCHEDULE with the Clerk of Court using the CM/ECF 28 system which will automatically send email notification to the parties and counsel of record. CERTIFICATE OF SERVICE 1 MASTER FILE NO. 07-MD-1827-SI

This 28th day of February, 2011. By; B. Parker Miller ALSTON BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-881-7000 Facsimile: 404-881-7777

20110228

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