Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 1 of 13 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 9 10 IN RE: OPTICAL DISK DRIVE PRODUCTS Case No. 3:10-md-2143-RS ANTITRUST LITIGATION 11 JOINT STIPULATION AND [PROPOSED] This Document Relates To: 12 ORDER REGARDING SERVICE OF PROCESS 13 Case No. 3:13-cv-1877-RS 14 STATE OF FLORIDA, OFFICE OF THE Judge Richard Seeborg 15 ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, 16 Plaintiff, 17 v. 18 HITACHI-LG DATA STORAGE, INC., et al., 19 Defendants. 20 21 22 23 24 25 26 27 STIPULATION AND [PROPOSED] ORDER RE: Case No. 3:10-md-2143-RS 28 EXTENSION OF TIME TO RESPOND TO Individual Case No. 3:13-cv-1877-RS COMPLAINT AND WAIVER OF SERVICE -1- Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 2 of 13 1 JOINT STIPULATION 2 Whereas the Attorney General of the State of Florida (“Florida”) filed an amended 3 complaint in the above-captioned case against defendants Hitachi-LG Data Storage, Inc., 4 Hitachi-LG Data Storage Korea, Inc., Hitachi, Ltd., LG Electronics, Inc., BenQ Corporation, 5 BenQ America Corp., Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On 6 7 Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., NEC Corporation, 8 Sony Corporation, Sony NEC Optiarc, Inc., Sony Optiarc, Inc., Sony Optiarc America, Inc., 9 Samsung Electronics Co., Ltd., Toshiba Corporation, Toshiba Samsung Storage Technology 10 Corporation, Toshiba Samsung Storage Technology Corporation Korea, Panasonic Corporation, 11 Panasonic Corporation of North America, f/k/a Matsushita Electric Corporation of North 12 13 America, TEAC Corporation, TEAC America Inc., Pioneer Electronics (USA) Inc., Quanta 14 Storage Inc., Quanta Storage America, Inc., Pioneer North America, Inc., Pioneer Corporation, 15 Pioneer High Fidelity Taiwan Co., LTD. (“Defendants”), on June 28, 2013 (“Complaint”); 16 Whereas Florida wishes to avoid the burden and expense of serving process on the 17 Defendants; and 18 19 Whereas Defendants desire a reasonable amount of time to respond to the Complaint; 20 Therefore, it is stipulated by and between the undersigned parties, by their representative 21 attorneys, that: 22 1. Undersigned Counsel of BAKER BOTTS LLP agree to accept service of the 23 complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877- 24 25 RS, on behalf of Defendants Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite- 26 On Digital Solutions Corporation, and Philips & Lite-On Digital Solutions USA, Inc. 27 STIPULATION AND [PROPOSED] ORDER RE: Case No. 3:10-md-2143-RS 28 EXTENSION OF TIME TO RESPOND TO Individual Case No. 3:13-cv-1877-RS COMPLAINT AND WAIVER OF SERVICE -2- Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 3 of 13 1 (collectively, the “PLDS Defendants”). The PLDS Defendants shall have until Monday, January 2 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by PLDS 3 Defendants of any defense, including but not limited to those defenses provided under Federal 4 Rule of Civil Procedure 12. 5 2. Undersigned Counsel of ROPES & GRAY LLP agree to accept service of the 6 7 complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877- 8 RS, on behalf of Defendants Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, 9 Inc. (collectively, the “HLDS Defendants”). The HLDS Defendants shall have until Monday, 10 January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by the 11 HLDS Defendants of any defense, including but not limited to those defenses provided under 12 13 Federal Rule of Civil Procedure 12. 14 3. Undersigned Counsel of DICKSTEIN SHAPIRO LLP agree to accept service of 15 the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv- 16 1877-RS, on behalf of Defendants BenQ Corporation and BenQ America Corp. (collectively, the 17 “BenQ Defendants”). The BenQ Defendants shall have until Monday, January 13, 2014 to file a 18 19 response thereto. This stipulation does not constitute a waiver by the BenQ Defendants of any 20 defense, including but not limited to those defenses provided under Federal Rule of Civil 21 Procedure 12. 22 4. Undersigned Counsel of LATHAM & WATKINS LLP agree to accept service of 23 the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv- 24 25 1877-RS, on behalf of Defendants Toshiba Corporation (“Toshiba Corp.”), Toshiba Samsung 26 Storage Technology Corporation (“TSST”), and Toshiba Samsung Storage Technology Korea 27 STIPULATION AND [PROPOSED] ORDER RE: Case No. 3:10-md-2143-RS 28 EXTENSION OF TIME TO RESPOND TO Individual Case No. 3:13-cv-1877-RS COMPLAINT AND WAIVER OF SERVICE -3- Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 4 of 13 1 Corporation (“TSSTK”). Each of Toshiba Corp., TSST, and TSSTK shall have until Monday, 2 January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by any 3 of Toshiba Corp., TSST, or TSSTK of any defense, including but not limited to those defenses 4 provided under Federal Rule of Civil Procedure 12. 5 5. Undersigned Counsel of NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP 6 7 agree to accept service of the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et 8 al., Case No. 3:13-cv-1877-RS, on behalf of Defendants Quanta Storage Inc. and Quanta Storage 9 America, Inc. (collectively, “Quanta Defendants”). Quanta Defendants shall have until Monday, 10 January 13, 2014 to file a response thereto. This stipulation does not constitute a waiver by 11 Quanta Defendants of any defense, including but not limited to those defenses provided under 12 13 Federal Rule of Civil Procedure 12. 14 6. Undersigned Counsel of O’MELVENY & MYERS LLP agree to accept service of 15 the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv- 16 1877-RS, on behalf of Defendant Samsung Electronics Co., Ltd. (“Samsung”). Samsung shall 17 have until Monday, January 13, 2014 to file a response thereto. This stipulation does not 18 19 constitute a waiver by Samsung of any defense, including but not limited to those defenses 20 provided under Federal Rule of Civil Procedure 12. 21 7. Undersigned Counsel of WINSTON & STRAWN LLP agree to accept service of 22 the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv- 23 1877-RS, on behalf of Defendant NEC Corporation (“NEC”). NEC shall have until Monday, 24 25 January 13, 2014 to file a response thereto. 26 27 STIPULATION AND [PROPOSED] ORDER RE: Case No. 3:10-md-2143-RS 28 EXTENSION OF TIME TO RESPOND TO Individual Case No. 3:13-cv-1877-RS COMPLAINT AND WAIVER OF SERVICE -4- Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 5 of 13 1 8. Undersigned Counsel of EIMER STAHL LLP agree to accept service of the 2 complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877- 3 RS, on behalf of Defendant LG Electronics, Inc. (“LG Electronics”). LG Electronics shall have 4 until Monday, January 13, 2014 to file a response thereto. 5 9. Undersigned Counsel of WINSTON & STRAWN LLP agree to accept service of 6 7 the complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv- 8 1877-RS, on behalf of Defendant Panasonic Corporation and Panasonic Corporation of North 9 America (collectively, “Panasonic Defendants”). Panasonic Defendants shall have until Monday, 10 January 13, 2014 to file a response thereto. 11 10. Undersigned Counsel of JONES DAY agree to accept service of the complaint in 12 13 State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877-RS, on behalf of 14 Defendants Pioneer Electronics (USA) Inc., Pioneer North America, Inc., Pioneer Corporation, 15 and Pioneer High Fidelity Taiwan Co., LTD. (collectively, the “Pioneer Defendants”). The 16 Pioneer Defendants shall have until Monday, January 13, 2014 to file a response thereto. This 17 stipulation does not constitute a waiver by the Pioneer Defendants of any defense, including but 18 19 not limited to those defenses provided under Rule 12 of the Federal Rules of Civil Procedure. 20 11. Undersigned Counsel of DLA PIPER LLP agree to accept service of the 21 complaint in State of Florida v. Hitachi-LG Data Storage, Inc., et al., Case No. 3:13-cv-1877- 22 RS, on behalf of Defendants TEAC Corporation and TEAC America Inc. (collectively, the 23 “TEAC Defendants”). The TEAC Defendants waive service of the Complaint under Federal 24 25 Rule of Civil Procedure 4(d). Those TEAC Defendants who reside in foreign countries that are 26 signatories to the Hague Convention shall be deemed served as provided for by that Convention 27 STIPULATION AND [PROPOSED] ORDER RE: Case No. 3:10-md-2143-RS 28 EXTENSION OF TIME TO RESPOND TO Individual Case No. 3:13-cv-1877-RS COMPLAINT AND WAIVER OF SERVICE -5- Case 3:10-md-02143-RS Document 1019 Filed 10/15/13 Page 6 of 13 1 by sending the Complaint to counsel.