Free Stipulation - District Court of California - California

Case 3:07-cv-05944-SC

Document 353

Filed 08/15/2008

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M ORGAN , L EWIS & B OCKIU S LLP
ATTORNEYS AT LAW SAN FRANCISCO

KENT M. ROGER, State Bar No. 95987 THOMAS R. GREEN, State Bar No. 203480 LAURA A. LEE, State Bar No. 246032 MORGAN, LEWIS & BOCKIUS, LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: (415) 442-1000 / Fax: (415)442-1001 E-mail: [email protected] [email protected] [email protected] [email protected] Attorneys for Defendants HITACHI, LTD. and HITACHI ASIA, LTD. MARIO N. ALIOTO, ESQ. (56433) LAUREN C. RUSSELL, ESQ. (241151) TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP 2280 Union Street San Francisco, CA 94123 Tel: (415) 563-7200 / Fax: (415) 346-0679 Email: [email protected] [email protected] Interim Lead Counsel for the Indirect Purchaser Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION Master File No.: C07-5944 SC MDL NO. 1917 STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANTS HITACHI, LTD. AND HITACHI ASIA, LTD. THE HONORABLE SAMUEL CONTI

This Document Relates To: ALL INDIRECT PURCHASER ACTIONS

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STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANTS HITACHI, LTD. AND HITACHI ASIA, LTD. CASE NO. C07-5944 SC

Case 3:07-cv-05944-SC

Document 353

Filed 08/15/2008

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M ORGAN , L EWIS & B OCKIU S LLP
ATTORNEYS AT LAW SAN FRANCISCO

WHEREAS, foreign defendants Hitachi, Ltd. ("HTC") and Hitachi Asia, Ltd. ("HAS") have not been formally served with process in the Indirect Purchaser Cathode Ray Tubes Cases ("Indirect Purchaser Action"); WHEREAS, HTC and Hitachi America, Ltd. have been formally served with process in the Direct Purchaser Cathode Ray Tubes Cases ("Direct Purchaser Action"); WHEREAS, on August 1, 2008, the Indirect Purchaser Plaintiffs ("Plaintiffs") filed a Motion To Authorize Service On Certain Foreign Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) ("Service Motion"); WHEREAS, Plaintiffs' Service Motion requests that the Court exercise its discretion pursuant to Fed. R. Civ. Pro. 4(f)(3) and order that certain foreign defendants, including HTC and HAS, may be served through their U.S. wholly-owned subsidiary/related entity and its counsel; and WHEREAS, the parties have met and conferred and undersigned counsel for HTC and HAS has agreed to accept service of process in the Indirect Purchaser Action on behalf of HTC and HAS. NOW, THEREFORE, PLAINTIFFS AND HTC AND HAS, BY AND THROUGH THEIR UNDERSIGNED COUNSEL, HEREBY STIPULATE AND AGREE THAT: 1. HTC and HAS 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 Action as of the date of execution of this Stipulation. 2. Notwithstanding Paragraph (1), HTC and HAS 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, HTC's and HAS's time to answer, move, or otherwise respond to plaintiffs' Complaint shall be extended as set forth in the Stipulation and Order Re Extension Of Time For Defendant To Respond To Complaint, dated December 19, 2007. Finally, HTC and HAS shall not be required to respond to any discovery served by Plaintiffs until at least ninety (90) days after the
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STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANTS HITACHI, LTD. AND HITACHI ASIA, LTD. CASE NO. C07-5944 SC

Case 3:07-cv-05944-SC

Document 353

Filed 08/15/2008

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M ORGAN , L EWIS & B OCKIU S LLP
ATTORNEYS AT LAW SAN FRANCISCO

date of execution of this Stipulation, except with respect to any discovery obligations imposed upon the HTC and HAS by a negotiated Stipulation for Limited Discovery Stay. 3. 4. Plaintiffs hereby withdraw their Service Motion as to HTC and HAS. Plaintiffs' Service Motion will proceed as to the remaining foreign defendants as

they are listed in the Service Motion. 5. Plaintiff's hereby agree that they will not cite, rely upon, or utilize in any other

way this Stipulation in any litigation or proceeding other than in this case. Dated: August 15, 2008 MORGAN, LEWIS & BOCKIUS LLP

By:

/s/ Thomas R. Green Thomas R. Green One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: (415) 442-1000 Fax: (415) 442-1001 Attorneys For Defendants Hitachi, Ltd. and Hitachi Asia, Ltd.

Dated: August 15, 2008

TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP By: /s/ Mario N. Alioto Mario N. Alioto 2280 Union Street San Francisco, CA 94123 Tel: (415) 563-7200 Fax: (415) 346-0679 Interim Lead Counsel for the Indirect Purchaser Plaintiffs

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STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANTS HITACHI, LTD. AND HITACHI ASIA, LTD. CASE NO. C07-5944 SC

Case 3:07-cv-05944-SC

Document 353

Filed 08/15/2008

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M ORGAN , L EWIS & B OCKIU S LLP
ATTORNEYS AT LAW SAN FRANCISCO

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Thomas R. Green, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 15th day of August 2008 San Francisco, California.

By

/s/ Thomas R. Green Thomas R. Green

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STIPULATION RE: SERVICE OF PROCESS ON FOREIGN DEFENDANTS HITACHI, LTD. AND HITACHI ASIA, LTD. CASE NO. C07-5944 SC