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IN RE OPTICAL DISK DRIVE PRODUCTS ANTITRUST LITIGATION, 3:10-md-02143-RS-JCS (2014)

Court: District Court, N.D. California Number: infdco20140127787 Visitors: 3
Filed: Jan. 24, 2014
Latest Update: Jan. 24, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING SERVICE OF PROCESS RICHARD SEEBORG, District Judge. STIPULATION It is stipulated by and between the undersigned parties, by their respective attorneys, that: 1. Undersigned counsel of EIMER STAHL LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants LG Electronics, Inc. and LG Electronics USA, Inc. (collectively, the "LG Electronics Defenda
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STIPULATION AND [PROPOSED] ORDER REGARDING SERVICE OF PROCESS

RICHARD SEEBORG, District Judge.

STIPULATION

It is stipulated by and between the undersigned parties, by their respective attorneys, that:

1. Undersigned counsel of EIMER STAHL LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants LG Electronics, Inc. and LG Electronics USA, Inc. (collectively, the "LG Electronics Defendants"). The LG Electronics Defendants shall have until Thursday, April 17, 2014, to file a response thereto.

2. Undersigned counsel of ROPES & GRAY LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-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 Thursday, April 17, 2014, to file a response thereto.

3. Undersigned counsel of BAKER BOTTS LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants Koninklijke Philips N.V. ("Philips"), Lite-On IT Corp. of Taiwan ("Lite-On"), Philips & Lite-On Digital Solutions Corp. ("PLDS"), and Philips & Lite-On Digital Solutions U.S.A., Inc. ("PLDS USA") (collectively, the "Philips Defendants"). The Philips Defendants shall have until Thursday, April 17, 2014, to file a response thereto.

4. Undersigned counsel of DICKSTEIN SHAPIRO LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants BenQ Corporation and BenQ America Corp. (collectively, the "BenQ Defendants"). The BenQ Defendants shall have until Thursday, April 17, 2014, to answer, move to dismiss, or otherwise respond thereto.

5. Undersigned counsel of LATHAM & WATKINS LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants Toshiba Corporation ("Toshiba Corp.") and Toshiba America Information Systems, Inc. ("TAIS"). Each of Toshiba Corp. and TAIS shall have until Thursday, April 17, 2014, to file a response thereto.

6. Undersigned counsel of WINSTON & STRAWN LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendant NEC Corporation ("NEC"). Defendant NEC shall have until Thursday, April 17, 2014, to file a response thereto.

7. Undersigned counsel of BOIES SCHILLER & FLEXNER LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants Sony Optiarc America Inc. ("SOA") and Sony Electronics, Inc. ("SEI"). Defendants Sony Corporation and Sony Optiarc Inc. ("Sony Optiarc") agree to waive service of the Complaint, and Plaintiffs Ingram Micro Inc. and Synnex Corporation 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 Defendants SOA, SEI, 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 Thursday, April 17, 2014.

8. Undersigned counsel of WINSTON & STRAWN LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants Panasonic Corporation and Panasonic Corporation of North America (collectively, the "Panasonic Defendants"). The Panasonic Defendants shall have until Thursday, April 17, 2014, to file a response thereto.

9. Undersigned counsel of KATTEN MUCHIN ROSENMAN LLP agree to accept service of the Complaint in Ingram Micro Inc., et al. v. LG Electronics Inc., et al., Case No. 3:13-cv-05372-RS, on behalf of Defendants TEAC Corporation and TEAC America Inc. (collectively, the "TEAC Defendants"). The TEAC Defendants waive service of the Complaint under Rule 4(d) of the Federal Rules of Civil Procedure. 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. The TEAC Defendants shall have until Thursday, April 17, 2014, to file a response thereto.

10. This Stipulation does not constitute a waiver by Defendants of any defense, including but not limited to those defenses provided under Rule 12 of the Federal Rules of Civil Procedure.

11. To the extent any Defendant or Defendants move to dismiss the Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure or otherwise, the parties shall work in good faith to reach an agreed-upon briefing schedule that they shall present to the Court no later than Thursday, May 1, 2014, but in no event shall the response of Plaintiffs Ingram Micro Inc. and Synnex Corporation to any such motion(s) be due before Monday, June 16, 2014.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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