STIPULATION AND ORDER TO SHORTEN TIME FOR HEARING ON VARIOUS MOTIONS [L.R. 6-2]

WILLIAM H. ORRICK, District Judge.

STIPULATION

The Direct Purchaser Plaintiffs and Indirect Purchaser Plaintiffs (collectively, "Plaintiffs") in the above-captioned consolidated action (the "Action"), as well as all Defendants remaining in the Action, by and through their respective counsel of record, stipulate as follows:

WHEREAS, the issue on the Motions is whether the proposed settlements are within the range of possible approval such that they should be given further consideration and notice should be sent to the classes. Neither Plaintiffs nor Samyang expect that the motions for preliminary approval of the settlements will be opposed, except that the Nongshim and Ottogi Defendants will oppose the Motions to the extent a stay of discovery as to Samyang is sought that any party may assert applies to discovery from the Nongshim and Ottogi Defendants to Samyang as a party, propounded to Samyang before any final judgment is entered as to Samyang. Samyang does not concede this interpretation of the stay provision contained in the Settlement Agreements but will address this position in its reply to any opposition(s) to the Motions;

WHEREAS, that same day, Samyang filed a motion for Settlement for Good Faith and Bar Order. [Dkt. Nos 206] (this motion, along with the two motions for preliminary approval of settlement are the "Motions");

WHEREAS, pursuant to Local Rule 7-3, the schedule regarding the Motions is that (1) any opposition is due on October 5, 2015, and (2) reply is due by October 12, 2015. The hearing on the above Motions is scheduled for November 18, 2015 at 2:00 pm.; and

WHEREAS, the Settlement Agreement with Samyang provides for agreed-upon deposition discovery with Samyang once the settlement with Samyang is preliminarily approved. See Settlement Agreements at ¶ 21(b). Given that non-expert discovery closes on January 31, 2016, [Dkt No. 127], Plaintiffs wish to begin depositions on Samyang employees as soon as possible to meet this discovery deadline. If this hearing date is not moved up, Plaintiffs are concerned that it may complicate efforts to complete discovery by the deadline.

NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to approval of the Court, that:

1. The briefing schedule will remain in place, whereby opposition to the above Motions, if any, is to be filed on or before October 5, 2015; and reply, if any, is due to be filed on October 12, 2015;

2. The hearing on the above Motions, originally scheduled for November 18, 2015, at 2:00 p.m., shall instead be heard on shortened time after the above-referenced briefing deadlines, subject to the availability of the Court;

3. Samyang will respond to the discovery already propounded on September 18, 2015 by the Nongshim and Ottogi Defendants, and Samyang will respond to the Nongshim and Ottogi Defendants' deposition scheduling request under Local Rule 30-1 before October 5, 2015; and

4. All parties to this Stipulation will consult with each other in advance about proposed deposition dates of Samyang employees or former employees.

IT IS SO STIPULATED.

ORDER

Pursuant to Stipulation, the Motions originally scheduled for hearing on November 18, 2015, at 2:00 p.m., are now scheduled to be heard on November 3, 2015, at 3:00 p.m., at the United States Courthouse, Courtroom 2, 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.

IT IS SO ORDERED.