UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 24, 2011
IN RE: TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
AU OPTRONICS CORPORATION, ET AL.,
The opinion of the court was delivered by: Susan Illston, United States District Judge
William A. Isaacson (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Ave. NW, Suite 800 Washington, D.C. 20015 Telephone: (202) 237-2727 Facsimile: (202) 237-6131 Email: firstname.lastname@example.org Philip J. Iovieno (admitted pro hac vice) Anne M. Nardacci (admitted pro hac vice) Christopher V. Fenlon (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 10 North Pearl Street, 4th Floor Albany, NY 12207 Telephone: (518) 434-0600 Facsimile: (518) 434-0665 Email: email@example.com firstname.lastname@example.org email@example.com Counsel for Plaintiff INTERBOND CORPORATION OF AMERICA
This Document Relates To Individual
Case No. 3:11-cv-03763-SI (N.D. Cal.)
INTERBOND CORPORATION OF STIPULATION AND [PROPOSED] AMERICA, ORDER WITHDRAWING JOINT 1 MOTION TO DISMISS, NEC'S MOTION TO DISMISS, SANYO CE'S MOTION TO DISMISS, AND EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT
Plaintiff, Interbond Corporation of America d/b/a BrandsMart ("Plaintiff"), and Defendants, through the undersigned counsel, request that the Court enter the following order to 3 withdraw (1) Defendants' Joint Motion to Dismiss Plaintiff's complaint, (2) Defendants NEC 4 Electronics America, Inc., and NEC LCD Technologies, Ltd.'s ("NEC") Motion to Dismiss 6 Motion to Dismiss, and extend Defendants' time to respond to the amended complaint that 8 WHEREAS, on October 4, 2011, Plaintiff and Defendant Mitsui & Co. (Taiwan), Ltd.
("Mitsui Taiwan") entered into a stipulation giving Mitsui Taiwan until December 1, 2011 to 11 answer, move, or otherwise respond to Plaintiff's complaint. Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc., NEC 5 Plaintiff's complaint, and (3) Defendant Sanyo Consumer Electronics, Co., Ltd.'s ("Sanyo CE") 7 Plaintiff will file on or before November 1, 2011.
WHEREAS, on October 6, 2011, certain Defendants filed a joint motion to dismiss Plaintiff's complaint in this action (MDL Dkt. No. 3850), and Defendants NEC and Sanyo CE 14 filed separate motions to dismiss Plaintiff's complaint (MDL Dkt. Nos. 3852 and 3853, 15 respectively) (the "Motions");
WHEREAS the hearing on the Motions is scheduled for November 18, 2011;
WHEREAS Plaintiff, although it opposes the Motions, will exercise its right under Federal Rule of Civil Procedure 15(a) to file a First Amended Complaint in lieu of filing an opposition to 19 the Motions;
WHEREAS the parties agree that the briefing dates and hearing associated with the Motions should be withdrawn and that Plaintiff will file its First Amended Complaint after the 22 existing deadline to file its oppositions to the Motions; a First Amended Complaint and all Defendants may have until December 5, 2011 to respond to the First Amended Complaint, that Plaintiff may have until December 23, 2011 to oppose or otherwise 26 respond to Defendants' response, and that Defendants may have until January 9, 2012 to reply to 27 such opposition;
WHEREAS the parties further agree that Plaintiff may have until November 1, 2011 to file
WHEREAS the parties further agree that the hearing on any responses made by Defendants may be noticed for January 20, 2012;
WHEREAS the parties further agree that, in the alternative, the Defendants may have 60 days from the date the First Amended Complaint is filed to answer said complaint;
THEREFORE, Plaintiff, by its counsel, and Defendants, by the undersigned counsel, stipulate and agree as follows:
1. The Motions shall be withdrawn and the briefing schedule and hearing date stricken.
2. Plaintiff shall file a First Amended Complaint on or before November 1, 2011.
3. All Defendants shall respond to the First Amended Complaint by December 5, 2011.
4. Plaintiff shall oppose or otherwise respond to Defendants' filings by December 23, 2011.
5. Defendants shall submit any replies by January 9, 2012.
6. The hearing on any responses made by Defendants shall be noticed for January 20, 2012.
7. In the alternative, all Defendants shall have 60 days from the date the First Amended Complaint is filed to answer said Complaint.
IT IS SO STIPULATED.
Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of 2 this document has been obtained from stipulating defendants.
IT IS SO ORDERED.
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