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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 24, 2011

IN RE: TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
P.C. RICHARD & SON LONG ISLAND CORPORATION; MARTA COOPERATIVE OF AMERICA, INC; AND ABC APPLIANCE, INC.,
PLAINTIFFS,
v.
AU OPTRONICS CORPORATION, ET AL.,
DEFENDANTS.

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 2 5301 Wisconsin Ave. NW, Suite 800 Washington, D.C. 20015 3 Telephone: (202) 237-2727 Facsimile: (202) 237-6131 4 Email: wisaacson@bsfllp.com 5 Philip J. Iovieno (admitted pro hac vice) Anne M. Nardacci (admitted pro hac vice) 6 Christopher V. Fenlon (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 7 10 North Pearl Street, 4th Floor Albany, NY 12207 8 Telephone: (518) 434-0600 Facsimile: (518) 434-0665 9 Email: piovieno@bsfllp.com anardacci@bsfllp.com 10 cfenlon@bsfllp.com Counsel for Plaintiffs P.C. RICHARD & SON LONG ISLAND CORPORATION, 12 MARTA COOPERATIVE OF AMERICA, INC., and ABC APPLIANCE, INC.

This Document Relates To Individual Case No. 3:11-cv-04119-SI (N.D. Cal.)

STIPULATION AND [PROPOSED] ORDER WITHDRAWING JOINT MOTION TO DISMISS, NEC'S MOTION TO DISMISS, SANYO'S MOTION TO DISMISS, AND EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT

Plaintiffs, P.C. Richard & Son Long Island Corporation, MARTA Cooperative of America, Inc., and ABC Appliance, Inc. ("Plaintiffs"), and Defendants, through the undersigned counsel, 3 request that the Court enter the following order to withdraw (1) Defendants' Joint Motion to 4 Dismiss Plaintiffs' complaint, (2) Defendants NEC Corporation, NEC Corporation of America, 5 NEC Display Solutions of America, Inc., NEC Electronics America, Inc., and NEC LCD 6 Technologies, Ltd.'s ("NEC") Motion to Dismiss Plaintiffs' complaint, and (3) Defendant Sanyo 7 Consumer Electronics, Co., Ltd.'s ("Sanyo CE") Motion to Dismiss, and extend Defendants' time 8 to respond to the amended complaint that Plaintiffs will file on or before November 1, 2011.

WHEREAS, on October 4, 2011, Plaintiffs 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 Plaintiffs' complaint.

WHEREAS, on October 6, 2011, certain Defendants filed a joint motion to dismiss Plaintiffs' complaint in this action (MDL Dkt. No. 3848), and Defendants NEC and Sanyo CE 14 filed separate motions to dismiss Plaintiffs' complaint (MDL Dkt. Nos. 3851 and 3854, 15 respectively) (the "Motions");

WHEREAS the hearing on the Motions is scheduled for November 18, 2011; WHEREAS Plaintiffs, although they oppose the Motions, will exercise their right under Federal Rule of Civil Procedure 15(a) to file a First Amended Complaint in lieu of filing an 19 opposition to the Motions;

WHEREAS the parties agree that the briefing dates and hearing associated with the Motions should be withdrawn and that Plaintiffs will file their First Amended Complaint after the 22 existing deadline to file their oppositions to the Motions; 23 24 file a First Amended Complaint and all Defendants may have until December 5, 2011 to respond 25 to the First Amended Complaint, that Plaintiffs may have until December 23, 2011 to oppose or 26 otherwise respond to Defendants' response, and that Defendants may have until January 9, 2012 to 27 reply to such opposition;

WHEREAS the parties further agree that the hearing on any responses made by Defendants 2 may be noticed for January 20, 2012;

WHEREAS the parties further agree that, in the alternative, the Defendants may have 60 4 days from the date the First Amended Complaint is filed to answer said complaint; 5

THEREFORE, Plaintiffs, by their counsel, and Defendants, by the undersigned counsel, 6 stipulate and agree as follows:

1. The Motions shall be withdrawn and the briefing schedule and hearing date stricken.

2. Plaintiffs 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. Plaintiffs 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 this document has been obtained from stipulating defendants.

IT IS SO ORDERED.

20111024

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