UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 23, 2011
IN RE: TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION
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: email@example.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: firstname.lastname@example.org email@example.com firstname.lastname@example.org Counsel for Plaintiff SCHULTZE AGENCY SERVICES, LLC 12
This Document Relates To Individual
Case No. 3:11-cv-03856-SI (N.D. Cal.)
SCHULTZE AGENCY SERVICES, LLC on STIPULATION AND [PROPOSED] behalf of TWEETER OPCO, LLC AND ORDER WITHDRAWING JOINT 19 TWEETER NEWCO, LLC MOTION TO DISMISS, NEC'S MOTION TO DISMISS, SANYO CE'S MOTION TO Plaintiff, DISMISS, AND EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT v. AU OPTRONICS CORPORATION, et al., Defendants. undersigned counsel, request that the Court enter the following order to withdraw (1) Defendants' 3 Joint Motion to Dismiss Plaintiff's complaint, (2) Defendants NEC Corporation, NEC Corporation 4 of America, NEC Display Solutions of America, Inc., NEC Electronics America, Inc., and NEC 5 Sanyo Consumer Electronics, Co., Ltd.'s ("Sanyo CE") Motion to Dismiss, and extend 7 December 6, 2011. 9
("Mitsui Taiwan") entered into a stipulation giving Mitsui Taiwan until December 1, 2011 to 11 answer, move, or otherwise respond to Plaintiff's complaint. 12 Plaintiff, Schultze Agency Services, LLC ("Plaintiff"), and Defendants, through the LCD Technologies, Ltd.'s ("NEC") Motion to Dismiss Plaintiff's complaint, and (3) Defendant 6 Defendants' time to respond to the amended complaint that Plaintiff will file on or before 8 WHEREAS, on October 4, 2011, Plaintiff and Defendant Mitsui & Co. (Taiwan), Ltd. WHEREAS, on October 20, 2011, certain Defendants filed a joint motion to dismiss Plaintiff's complaint in this action (MDL Dkt. No. 3973), and Defendants NEC and Sanyo CE 14 filed separate motions to dismiss Plaintiff's complaint (MDL Dkt. Nos. 3967 and 3974, 15 respectively) (the "Motions"); 16 WHEREAS the hearing on the Motions is scheduled for December 2, 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; 20
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; 23 a First Amended Complaint and all Defendants may have until January 10, 2012 to respond to the 25 First Amended Complaint, that Plaintiff may have until January 27, 2012 to oppose or otherwise 26 respond to Defendants' response, and that Defendants may have until February 10, 2012 to reply 27 to such opposition; 28
WHEREAS the parties further agree that Plaintiff may have until December 6, 2011 to file
WHEREAS the parties further agree that the hearing on any responses
made by Defendants
may be noticed for February 24, 2012; 3
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; 5
THEREFORE, Plaintiff, by its counsel, and Defendants, by the undersigned counsel, stipulate and agree as follows: 7
1. The Motions shall be withdrawn and the briefing schedule and hearing date stricken. 9
2. Plaintiff shall file a First Amended Complaint on or before December 6, 2011.
3. All Defendants shall respond to the First Amended Complaint by January 10, 2012.
4. Plaintiff shall oppose or otherwise respond to Defendants' filings by January 27, 2012. 13
5. Defendants shall submit any replies by February 10, 2012.
6. The hearing on any responses made by Defendants shall be noticed for February 24, 2012.
7. In the alternative, all Defendants shall have 60 days from the date the First Amended Complaint is filed to answer said Complaint. 18
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.
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