JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SERVICE OF PROCESS
RICHARD SEEBORG, District Judge.
JOINT STIPULATION
Whereas the Attorney General of the State of Florida ("Florida") filed an amended complaint in the above-captioned case against defendants Hitachi-LG Data Storage, Inc., Hitachi-LG Data Storage Korea, Inc., Hitachi, Ltd., LG Electronics, Inc., BenQ Corporation, BenQ America Corp., Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., NEC Corporation, Sony Corporation, Sony NEC Optiarc, Inc., Sony Optiarc, Inc., Sony Optiarc America, Inc., Samsung Electronics Co., Ltd., Toshiba Corporation, Toshiba Samsung Storage Technology Corporation, Toshiba Samsung Storage Technology Corporation Korea, Panasonic Corporation, Panasonic Corporation of North America, f/k/a Matsushita Electric Corporation of North America, TEAC Corporation, TEAC America Inc., Pioneer Electronics (USA) Inc., Quanta Storage Inc., Quanta Storage America, Inc., Pioneer North America, Inc., Pioneer Corporation, Pioneer High Fidelity Taiwan Co., LTD. ("Defendants"), on June 28, 2013 ("Complaint");
Whereas Florida wishes to avoid the burden and expense of serving process on the Defendants; and
Whereas Defendants desire a reasonable amount of time to respond to the Complaint;
Therefore, it is stipulated by and between the undersigned parties, by their representative attorneys, that:
1. Undersigned Counsel of BAKER BOTTS LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On Digital Solutions Corporation, and Philips & Lite-On Digital Solutions USA, Inc. (collectively, the "PLDS Defendants"). The PLDS Defendants shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by PLDS Defendants of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
2. Undersigned Counsel of ROPES & GRAY LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively, the "HLDS Defendants"). The HLDS Defendants shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by the HLDS Defendants of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
3. Undersigned Counsel of DICKSTEIN SHAPIRO LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants BenQ Corporation and BenQ America Corp. (collectively, the "BenQ Defendants"). The BenQ Defendants shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by the BenQ Defendants of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
4. Undersigned Counsel of LATHAM & WATKINS LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Toshiba Corporation ("Toshiba Corp."), Toshiba Samsung Storage Technology Corporation ("TSST"), and Toshiba Samsung Storage Technology Korea Corporation ("TSSTK"). Each of Toshiba Corp., TSST, and TSSTK shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by any of Toshiba Corp., TSST, or TSSTK of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
5. Undersigned Counsel of NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Quanta Storage Inc. and Quanta Storage America, Inc. (collectively, "Quanta Defendants"). Quanta Defendants shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by Quanta Defendants of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
6. Undersigned Counsel of O'MELVENY & MYERS LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendant Samsung Electronics Co., Ltd. ("Samsung"). Samsung shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by Samsung of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
7. Undersigned Counsel of WINSTON & STRAWN LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendant NEC Corporation ("NEC"). NEC shall have until Monday, January 13, 2014 to file a response thereto.
8. Undersigned Counsel of EIMER STAHL LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendant LG Electronics, Inc. ("LG Electronics"). LG Electronics shall have until Monday, January 13, 2014 to file a response thereto.
9. Undersigned Counsel of WINSTON & STRAWN LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendant Panasonic Corporation and Panasonic Corporation of North America (collectively, "Panasonic Defendants"). Panasonic Defendants shall have until Monday, January 13, 2014 to file a response thereto.
10. Undersigned Counsel of JONES DAY agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Pioneer Electronics (USA) Inc., Pioneer North America, Inc., Pioneer Corporation, and Pioneer High Fidelity Taiwan Co., LTD. (collectively, the "Pioneer Defendants"). The Pioneer Defendants shall have until Monday, January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by the Pioneer Defendants of any defense, including but not limited to those defenses provided under Rule 12 of the Federal Rules of Civil Procedure.
11. Undersigned Counsel of DLA PIPER LLP agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of Defendants TEAC Corporation and TEAC America Inc. (collectively, the "TEAC Defendants"). The TEAC Defendants waive service of the Complaint under Federal Rule of Civil Procedure 4(d). Those TEAC Defendants who reside in foreign countries that are signatories to the Hague Convention shall be deemed served as provided for by that Convention by sending the Complaint to counsel. This stipulation does not constitute a waiver by the TEAC Defendants of any other defense under Federal Rule of Civil Procedure 12. The TEAC Defendants shall have until Monday, January 13, 2014 to file a response thereto.
12. It is stipulated by and between the undersigned parties, by their respective attorneys, that Hitachi, Ltd. ("Hitachi"), a corporation domiciled in Japan, agrees to waive service of the Complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS and the State of Florida will mail a copy of the Complaint to Hitachi via Federal Express (or other global delivery service) at an address in Japan to be provided to the State of Florida by counsel for Hitachi. The deadline for Hitachi to answer, move to dismiss, or otherwise respond to the Complaint shall be extended to Monday, January 13, 2014 or 90 days from receipt by Hitachi of the Complaint delivered in the manner described above, whichever is later. This stipulation does not constitute a waiver by Hitachi of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
13. It is stipulated by and between the undersigned parties, by their respective attorneys, that undersigned counsel of BOIES SCHILLER & FLEXNER LLP agree to accept service of the Complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS on behalf of Sony Optiarc America Inc. ("SOA"). Defendants Sony Corporation and Sony Optiarc Inc. ("Sony Optiarc") agree to waive service of the Complaint and the State of Florida will mail a copy of the Complaint to Sony Corporation and Sony Optiarc via certified mail or United Parcel Service, addressed and delivered to a designated individual in the Sony Corporation Legal Department in Japan. The deadline for SOA, Sony Corporation, and Sony Optiarc (collectively, the "Sony/Optiarc Defendants") to answer, move to dismiss, or otherwise respond to the Complaint shall be extended to Monday, January 13, 2014 or 90 days from receipt by all Sony/Optiarc Defendants of the Complaint delivered in the manner described above, whichever is later. This stipulation does not constitute a waiver by the Sony/Optiarc Defendants of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.
Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this document has been obtained from the stipulating parties.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
