UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
May 14, 2012
IN RE: TFT-LCD (FLAT PANEL)
The opinion of the court was delivered by: Judge: Hon. Susan Illston
Christopher M. Curran (pro hac vice) Email: firstname.lastname@example.org
J. Mark Gidley (pro hac vice) Email: email@example.com
Martin M. Toto (pro hac vice) Email: firstname.lastname@example.org
John H. Chung (pro hac vice) Email: email@example.com
1155 Avenue of the Americas
New York, NY 10036 Telephone: (212) 819-8200
Facsimile: (212) 354-8113
Attorneys for Toshiba Corporation, Toshiba
Mobile Display Co., Ltd., Toshiba America Electronic Components, Inc.
America Information Systems, Inc.
This Document Relates To: STIPULATION AND [PROPOSED] ORDER WITHDRAWING THE ALL ACTIONS TOSHIBA ENTITIES' OBJECTIONS TO SPECIAL MASTER'S ORDER RE PLAINTIFFS' MOTION TO COMPEL TOSHIBA TO PRODUCE MICHIHIRO YOSHINO FOR DEPOSITION
completion of nineteen other depositions of Toshiba Entity witnesses;
WHEREAS Plaintiffs sought to take the deposition of Michihiro Yoshino after the WHEREAS the Special Master entered an Order (the "Special Master's Order") on April 2, 2012 (Dkt. No. 5359), permitting Plaintiffs to proceed with the deposition of Mr. Yoshino;
WHEREAS the Toshiba Entities filed Objections to the Special Master's Order on April 13, 2012 (Dkt. Nos. 5474, 5475) (the "Objections"), for the reasons stated therein; 7
WHEREAS undersigned Plaintiffs and the Toshiba Entities (collectively,
Parties") seek to resolve the issues addressed in the Special Master's
Order and the Objections 9 without further briefing or argument;
respective counsel, stipulate as follows: 12
Michihiro Yoshino. Exhibit A reflects meetings that Mr. Yoshino attended with certain 15 representatives of HannStar on November 2, November 21, 2001, November 28, 2001, January 9, 16 2002 and March 21, 2002. To the extent that certain individuals are identified in Exhibit A, it is 17 likely that they attended the meetings where they are identified. The notation "D. Joe" in Exhibit
2. The document attached hereto as Exhibit B, bearing the Bates range TSB_LCD1_00359865 -- TSB_LCD1_00359867, is an email written by Mr. Yoshino on 21 Yoshino, his colleagues, and at least one employee of Sharp. 23 24 on the ground that they are not "authentic" as that term is used in Rule 901 of the Federal Rules 25 of Evidence. 26
4. None of the Stipulating Parties will object to the admissibility of Exhibits A and B 27 on the ground that they are not business records pursuant to Rule 803(6) of the Federal Rules of 28
NOW, THEREFORE, Plaintiffs and the Toshiba Entities, through their undersigned 1. The document attached hereto as Exhibit A, bearing the Bates range TSB_LCD1_00353530 -- TSB_LCD1_00353533, is an excerpt from the handwritten datebook of 14 A refers to David Joe. 19
November 1, 2006. Exhibit B refers to a meeting on or about October 31, 2006 between Mr. 22 3. None of the Stipulating Parties will object to the admissibility of Exhibits A and B Evidence.
5. The Stipulating Parties agree that Exhibits A and B do not require a sponsoring 2 witness to establish their authenticity, their status as best evidence, or their status as business 3 records, as enumerated in paragraphs 3-4. 4
6. Notwithstanding the foregoing, nothing in this Stipulation shall preclude any of the Stipulating Parties from challenging the admissibility or use of Exhibits A and B on grounds not 6 expressly stipulated to in paragraphs 1-5 above. 7
7. Given the unavailability of Mr. Yoshino, other witnesses may testify about Exhibits A and B consistent with the Federal Rules of Evidence and Civil Procedure, as well as 9 the foundational requirements set forth therein. 10
8. The Stipulating Parties agree that, at trial, they will stipulate to the reading of a 11 short biographical statement describing Mr. Yoshino's employment with TMD prior to the 12 introduction of either Exhibit A or B. The Stipulating Parties will agree in advance on the content 13 of the statement. 14
9. Plaintiffs withdraw their request to depose Mr. Yoshino and agree not to seek his 15 deposition at a later date. 16
10. The Toshiba Entities agree not to criticize Plaintiffs for not deposing Mr. Yoshino 17 or for not introducing his testimony. 18
11. The undersigned agree and hereby request that the Special Master's Order (Dkt. No. 5359) be vacated. 20
12. The Toshiba Entities hereby withdraw their Objections to the Special Master's Order (Dkt. Nos. 5474, 5475). 22
13. The hearing on this matter scheduled for May 18, 2012 shall be cancelled.
14. Notwithstanding the above, nothing in this Stipulation shall in any way impair or 24 foreclose any Stipulating Party's right to seek relief otherwise permitted by law. 25
IT IS SO STIPULATED.
Attestation: The filer of this document attests that the concurrences of the signatories thereto 15 have been obtained.
IT IS SO ORDERED.
The Honorable Susan Illston United States District Judge
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