Free Stipulation - District Court of California - California

Case 3:07-cv-05944-SC

Document 372

Filed 08/28/2008

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MARIO N. ALIOTO, ESQ. (56433) [email protected] LAUREN C. RUSSELL, ESQ. (241151) [email protected] TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP 2280 Union Street San Francisco, CA 94123 Telephone: (415) 563-7200 Facsimile: (415) 346-0679 Interim Lead Counsel for the Indirect Purchaser Plaintiffs Terry Calvani (53260) [email protected] FRESHFIELDS BRUCKHAUS DERINGER US LLP 701 Pennsylvania Avenue, NW, Suite 600 Washington, DC 20004 Tel: (202) 777-4505 Fax: (202) 777-4555 Counsel for Defendant Beijing Matsushita Color CRT Company, Ltd. UNITED STATES DISTRICT COURT

12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANT BEIJING MATSUSHITA COLOR CRT COMPANY, LTD. IN INDIRECT PURCHASER ACTIONS (MDL 1917)

IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION

) ) ) ) ) ) This document relates to: ) ) ALL INDIRECT PURCHASER ACTIONS ) )

Case No.: 3:07-CV-5944 MDL NO. 1917 STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANT BEIJING MATSUSHITA COLOR CRT COMPANY, LTD. Before the Honorable Samuel Conti

WHEREAS, foreign defendant Beijing Matsushita Color CRT Company, Ltd. (hereinafter "BMCC") has not been formally served with process in any case brought by indirect purchasers of cathode ray tubes ("CRTs") or CRT products ("Indirect Purchaser Actions"); WHEREAS, BMCC has been formally served with process in the case of Hawel v. Chunghwa Picture Tubes, Ltd., et al., Case No. C 07-06279 (the "Hawel Case"), a class action brought by plaintiffs purporting to represent direct purchasers of CRTs and CRT products (a "Direct Purchaser Action");

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Case 3:07-cv-05944-SC

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WHEREAS, the Hawel Case has been consolidated with other Direct Purchaser Actions and Indirect Purchaser Actions which are collectively referred to as "In re: Cathode Ray Tube (CRT) Antitrust Litigation" (the "Consolidated Cases"); WHEREAS, on July 16, 2008, counsel for BMCC electronically filed a notice of appearance in the Consolidated Cases and the Hawel Case (the "Notice of Appearance") as required by the Court's Pretrial Order Number 1, filed April 4, 2008; WHEREAS, on August 1, 2008, plaintiffs in the Indirect Purchaser Actions ("Indirect Purchaser Plaintiffs") filed a Motion To Authorize Service On Certain Foreign Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) ("Service Motion"); WHEREAS, Indirect Purchaser Plaintiffs claim in their Service Motion that the filing of the Notice of Appearance by counsel for BMCC obviates the need for the Indirect Purchaser Plaintiffs to formally serve BMCC in the Indirect Purchaser Actions; WHEREAS, BMCC disputes the Indirect Purchaser Plaintiffs' claim; WHEREAS, the parties have met and conferred and undersigned counsel for BMCC has agreed to accept service of process in the Indirect Purchaser Action on behalf of BMCC. NOW, THEREFORE, INDIRECT PURCHASER PLAINTIFFS AND BMCC, BY AND THROUGH THEIR UNDERSIGNED COUNSEL, HEREBY STIPULATE AND AGREE THAT: 1. BMCC shall be deemed served with the Summons and Complaint in Figone v. LG

Electronics, Inc., et al., Case No. 07-6331-SC in the Indirect Purchaser Actions as of the date of execution of this Stipulation. 2. Notwithstanding Paragraph (1), BMCC shall not be required to (i) appear in the

Indirect Purchaser Action until sixty (60) days after the date of execution of this Stipulation; or (ii) comply with initial disclosure obligations pursuant to Rule 26 of the Federal Rules of Civil Procedure until ninety (90) days after the date of execution of this Stipulation. In addition, BMCC's time to answer, move, or otherwise respond to the Indirect Purchaser Plaintiffs' Complaint shall be extended as set forth in the Stipulation and Order Re Extension Of Time For

STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANT BEIJING MATSUSHITA COLOR CRT COMPANY, LTD. IN INDIRECT PURCHASER ACTIONS (MDL 1917)

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Defendant To Respond To Complaint, dated December 19, 2007. Finally, BMCC shall not be required to respond to any discovery served by Indirect Purchaser Plaintiffs until at least ninety (90) days after the date of service of any such request, except with respect to any discovery obligations imposed upon BMCC by a negotiated Stipulation for Limited Discovery Stay. 3. To the extent the Service Motion was intended to, or did, apply to BMCC,

Indirect Purchaser Plaintiffs hereby withdraw their Service Motion as to BMCC. 4. Indirect Purchaser Plaintiffs' Service Motion will proceed as to the remaining

foreign defendants as they are listed in the Service Motion. 5. Indirect Purchaser Plaintiffs hereby agree that they will not cite, rely upon, or

utilize in any other way this Stipulation in any litigation or proceeding other than this case. DATED: August 28, 2008 TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP

By:

/s/ Mario N. Alioto MARIO N. ALIOTO

Interim Lead Counsel for the Indirect Purchaser Plaintiffs Class

DATED: August 28, 2008

FRESHFIELDS BRUCKHAUS DERINGER US LLP

By:

/s/ Terry Calvani TERRY CALVANI

Counsel for Defendant Beijing Matsushita Color CRT Company, Ltd.

STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANT BEIJING MATSUSHITA COLOR CRT COMPANY, LTD. IN INDIRECT PURCHASER ACTIONS (MDL 1917)

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Terry Calvani, hereby attest that I have the concurrence of Mario Alioto to file this document. /s/ Terry Calvani TERRY CALVANI

STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANT BEIJING MATSUSHITA COLOR CRT COMPANY, LTD. IN INDIRECT PURCHASER ACTIONS (MDL 1917)

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