Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

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


March 31, 2011

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
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

Randall Allen (State Bar No. 264067) ALSTON BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: 650-838-2000 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) Joann E. Johnston (joann.johnston@alston.com) Lisa K. Bojko (lisa.bojko@alston.com) Donald M. Houser (donald.houser@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.

This Document Relates to: Case Nos. 07-MD-21 1827 and 3:09-CV-5609

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 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 Corporation

WHEREAS, the return date for the Motion to Dismiss originally was designated to be

WHEREAS, 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 17 or before December 23, 2010; and schedule and a second continuance of the hearing date to allow for the parties to continue their 20 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, the December 21, 2010 Order provided that (1) the hearing set for February 18,

WHEREAS, on December 1, 2010, the Court approved a second extension to the briefing

WHEREAS, the December 1, 2010 Order provided that (1) the hearing set for January 13, 2011

WHEREAS, 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 2 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) PENAC would file any reply to Nokia's opposition on or before March 7, 2011; and a fifth continuance of the hearing date to allow the parties to finalize the terms of their settlement agreement; would be continued until May 6, 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 April 1, 2011; and (3) PENAC would file any reply to Nokia's opposition on or before April 22, 2011; the final stages of formalizing that agreement; and agree, subject to the Court's approval, that (1) the above-mentioned hearing currently set for May 22 (2) Nokia will file any opposition to the Motion to Dismiss on or before May 13, 2011; and IT IS SO ORDERED

WHEREAS, on January 10, 2011, the Court approved a fourth extension to the briefing

WHEREAS, the January 10, 2011 Order provided that (1) the hearing set for February 25, 2011

Nokia would file any opposition to the Motion to Dismiss on or before February 10, 2011; and (3) 10

WHEREAS, on March 1, 2011, the Court approved a fifth extension to the briefing schedule

WHEREAS, the March 1, 2011 Order provided that that (1) the hearing set for March 25, 2011

WHEREAS, the parties have reached an agreement in principal to settle the matter and are in

NOW THEREFORE, PENAC and Nokia, by and through their respective counsel, stipulate

6, 2011, shall be continued until June 24, 2011, or as soon thereafter as the Court may hear the matter;

(3) PENAC will file any reply to Nokia's opposition on or before June 10, 2011.

Attestation: The filer of this document attests that the concurrence of the other signatories thereto has 2 been obtained. 3

Dated: March 31, 2011

/s/ B. Parker Miller

B. Parker Miller

STIPULATED AND AGREED TO BY:

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

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION

This Document Relates to: All Cases

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

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

CERTIFICATE OF SERVICE

I hereby certify that on March 31, 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 system 28 which will automatically send email notification to the parties and counsel of record.

This 31st day of March, 2011.

By: /s/ B. Parker Miller B. Parker Miller ALSTON BIRD LLP 1201 West Peachtree Street Atlanta, Georgia 30309 Telephone: 404-881-7000 Facsimile: 404-881-7777

20110331

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.