October 15, 2013
In re CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION.
Hitachi, Ltd., et al., This Document Relates to: Costco Wholesale Corp. MDL No. 1917
GARY L. HAILING, (66087) JAMES L. McGINNIS, (95788) MICHAEL W. SCARBOROUGH, (203524) TYLER M. CUNNINGHAM, (243694) SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, San Francisco, California. Attorneys for Defemionts Samsung SDI America, Inc., Samsung. SDI Co., Ltd., Samsung SDI Sdn. Bhd., Samsung SDI Mexico SA. de C. Y, Samsung SDI Brasil Ltda., Shenzen Samsung SDI Co. Ltd. and Tianjin Samsung SDI Co., Ltd.
DAVID J. BURMAN (pro hac vice) CORI G. MOORE, (pro hac vice) ERIC J. WEISS, (pro hac vice) PERKINS COIE LLP, Seattle, WA, JOREN BASS, (Bar No. 208143) PERKINS COIE LLP, San Francisco, CA, Attorneys for Plaintiff Costco Wholesale Corporation.
STIPULATION AND [PROPOSED] ORDER REGARDING COSTCO'S FIRST AIIEI4DID COMPLAINT
SAMUEL CONTI, District Judge.
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Costco Wholesale Corp. ("Costco") and defendants Samsung SDI America, Inc., Samsung SDI Co., Ltd., Samsung SDI (Malaysia) Scln. Ehd., Samsung SDI Mexico S.A. de CV., Samsung SDI Brasil Ltda., Shenzhen Samsung SDI Co. Ltd. and Tianjin Samsung SDI Co., Ltd. (collectively, "SDI") have conferred by and throuei their counsel and, subject to the Court's approval, hereby stipulate as follows:
WHEREAS, on November 14, 2011, Costco tiled a Complaint in the Western District of Washington, Costco Wholesale Corp. v. Hitachi, Ltd, Case No. 2:11-cv-01909-RSM;
WHEREAS, on November 28, 2011, the Judicial Panel& on Multidistrict Litigation issued a conditional transfer order pursuant to 28 U.S.C. § 1407, transferring the Costco action to the Northern District of California, to be consolidated with MDL No. 1917, In re Cathode Ray Tube (CRT) Antitrust Litigation, No. 07-cv-5944-SC (the "MDL");
WHEREAS, the Costco Action was transferred to the Northern District of California;
WHEREAS, on March 26, 2013, Direct Action Plaintiffs filed a Motion for Leave to File Amended Complaints (Dkt. No. 1609), which included a request by Costco to amend its complaint to add SDI as a defendant;
WHEREAS, on June 28, 2013, the Interim Special Master issued a Report and Recommendation Regarding Direct Action Plaintiffs' Motion for Leave to Amend (the "Report and Recommendation") (Dkt. No. 1751), recommending, inter alia, that the Court grant Costco's request to amend its complaint to add SDI as a defendant;
WHEREAS, on September 26, 2013, the Court issued an order adopting the Interim Special Master's recommendation that Costco be allowed to amend its complaint to add SDI as a defendant (Dkt. No. 1959);
WHEREAS, on October 3, 2013, Costco tiled a First Amended Complaint in the Northern District of California, Costco Wholesale Corporation v. Hitachi, Ltd., Case No. 3:11-cv-06397, Master File No. 3:07-cv-05944-SC (Dkt. No. 1982) ("First Amended Complaint"), naming SDI as a defendant;
WHEREAS, SDI has not yet been formally served with process;
WHEREAS, counsel for SDI and counsel for Costco have met and conferred and have agreed to an extension of time for SDI to respond to Costco's First Amended Complaint;
WHEREAS, no previous time modifications have been panted with respect to Costco's First Amended Complaint and entry of this stipulation will not affect the remaining schedule for this action;
IT IS HEREBY STIPULATED AND AGREED by and between counsel for Costco and SDI, as follows:
1. SDI shall be deemed served with Costco's First Amended Complaint as of the date of execution of this Stipulation by the undersigned parties;
2. SDI's answer to, or motion to dismiss, Costco's First Amended Complaint shall be due by November 4, 2013;
3. The undersigned parties jointly and respectfully request that the Court enter this stipulation as an order.
IT IS SO ORDERED.