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In re Optical Disk Drive Antitrust Litigation, 2143 (2017)

Court: District Court, N.D. California Number: infdco20170710880 Visitors: 9
Filed: Jul. 07, 2017
Latest Update: Jul. 07, 2017
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS SPECIFIC TO THE INGRAM AND SYNNEX ACTION RICHARD G. SEEBORG , District Judge . Plaintiffs Ingram Micro Inc. and Synnex Corporation (collectively, "Ingram and Synnex"), and Defendants Toshiba Corporation, Toshiba America Information Systems, Inc., Panasonic Corporation, Panasonic Corporation of North America, NEC Corporation, BenQ Corporation, BenQ America Corp., Koninklijke Phili
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS SPECIFIC TO THE INGRAM AND SYNNEX ACTION

Plaintiffs Ingram Micro Inc. and Synnex Corporation (collectively, "Ingram and Synnex"), and Defendants Toshiba Corporation, Toshiba America Information Systems, Inc., Panasonic Corporation, Panasonic Corporation of North America, NEC Corporation, BenQ Corporation, BenQ America Corp., Koninklijke Philips N.V., Lite-On IT Corp., Philips & Lite-On Digital Solutions Corp., and Philips & Lite-On Digital Solutions USA, Inc. (collectively together, the "Defendants"), by and through undersigned counsel, stipulate and agree to the below:

WHEREAS, on January 25, 2017, this Court entered a Case Management Order ("Case Management Order") setting a schedule for summary judgment motions and other deadlines in the multi-district litigation styled In re Optical Disk Drive Antitrust Litig., MDL No 2143 (the "MDL") (Dkt. No. 2211);

WHEREAS, the Case Management Order set a June 30, 2017 deadline for dispositive motion(s) in the MDL;

WHEREAS, the Case Management Order set a July 21, 2017 deadline for Daubert motions in the MDL;

WHEREAS, each of Ingram and Synnex have reached agreements in principle, or are in related discussions, with each of the Defendants concerning a resolution of the claims brought by Ingram and Synnex against each Defendant;

WHEREAS, in order to continue those negotiations and/or to finalize the terms of the settlement agreements, Ingram and Synnex and Defendants request that the Court temporarily take off calendar the June 30 and July 21 deadlines for Ingram and Synnex and each Defendant to file any dispositive and Daubert motions specific to either of Ingram or Synnex in the Ingram and Synnex Action only (Ingram Micro Inc., et al v. LG Electronics, Inc., et al., No. 3:13-cv-05372-RS, the "Ingram and Synnex Action");

WHEREAS, in the unlikely event that settlement between Ingram and Synnex and any of the Defendants is not finalized, counsel for Ingram and Synnex and any non-settling Defendant(s) agree to meet and confer in good faith in order to submit a joint report regarding the need for a revised briefing schedule, and (if necessary) a proposed revised briefing schedule, for dispositive and/or Daubert motions specific to the Ingram and Synnex Action, no later than July 31, 2017; and

WHEREAS, nothing in this Stipulation alters or is intended to alter any other dates or Orders of this Court in the MDL or in any other individual or related action;

NOW, THEREFORE, IT IS HEREBY JOINTLY STIPULATED, by and between the undersigned counsel for Ingram and Synnex and Defendants, as follows:

1. The filing deadlines for Ingram and Synnex and Defendants to file dispositive and Daubert motions specific to the Ingram and Synnex Action are taken off calendar.

2. If necessary, no later than July 31, 2017, Ingram and Synnex and any non-settling Defendant(s) shall submit to this Court a joint report regarding the need for a revised briefing schedule, and a proposed revised briefing schedule, for dispositive and Daubert motions specific to the Ingram and Synnex Action.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, AND WITH GOOD CAUSE APPEARING THEREFORE, IT IS SO ORDERED.

Source:  Leagle

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