Opinion
CASE NO. 3:11-cv-04949-JW
11-22-2011
LUCHA BOTT, JANE M. TAYLOR and JUDE A. ANHELUK, individually and on behalf of all others similarly situated, Plaintiffs, v. DELPHI AUTOMOTIVE LLP; FURUKAWA ELECTRIC CO., LTD.; LEAR CORP.; LEONI AG; SUMITOMO ELECTRIC INDUSTRIES, LTD.; S-Y SYSTEMS TECHNOLOGIES GMBH; YAZAKI CORP.; YAZAKI NORTH AMERICA INC., Defendants.
Jeff D. Friedman (State Bar No. 173886) Steve W. Berman Anthony D. Shapiro George W. Sampson HAGENS BERMAN SOBOL SHAPIRO LLP Elizabeth A. Fegan HAGENS BERMAN SOBOL SHAPIRO LLP Attorneys for Plaintiffs
LATHAM & WATKINS LLP
Daniel M. Wall (State Bar No. 102580)
Attorney for Defendant Sumitomo Electric Industries, Ltd.
Hon. James F. Ware
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO CLASS ACTION COMPLAINT
Pursuant to Civil Local Rule 6-1, plaintiffs Lucha Bott, Jane M. Taylor and Jude A. Anheluk (collectively, "Plaintiffs") and defendant Sumitomo Electric Industries, Ltd. ("Sumitomo") hereby jointly file the instant Stipulation for Extension of Time to Respond to Class Action Complaint. The Stipulation mirrors the Stipulation and Order filed by Plaintiffs and defendants Lear Corporation and Yazaki North America, Inc. that this Court entered on November 1, 2011.
Currently pending before the United States Judicial Panel on Multidistrict Litigation ("JPML") is a motion that was filed on October 11, 2011, pursuant to 28 U.S.C. § 1407, to consolidate for pretrial proceedings a number of related civil actions that allege that defendants engaged in a price-fixing conspiracy regarding automotive electrical wire harness systems (the "Related Actions"). So as to preserve both party and judicial resources pending the JPML's decision in this matter, plaintiffs and Sumitomo, by and through their undersigned counsel, stipulate to the following:
(1) If the JPML transfers all related civil actions to a single district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407, Sumitomo shall, as permitted by Federal Rule 12, answer, move or otherwise respond to the complaint in the above-captioned action (the "Complaint") within 45 days after: (a) the plaintiffs in the consolidated actions serve a consolidated amended complaint, or (b) the plaintiffs in the consolidated actions serve notice that they will not file a consolidated amended complaint.
(2) If the JPML denies the motion to transfer all related civil actions to a single district for coordinated or consolidated pretrial proceedings, Sumitomo shall, as permitted by Federal Rule 12, answer, move or otherwise respond to the Complaint within 45 days after service of the JPML ruling.
(3) If all plaintiffs in the Related Actions agree to consolidate all related civil actions in a single district and withdraw the pending motions before the JPML, and Sumitomo has not filed and does not file its own motion to transfer the Related Actions to a single district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407, Sumitomo shall, as permitted by Rule 12, answer, move or otherwise respond to the Complaint within 45 days after: (a) the plaintiffs in the consolidated actions file a consolidated amended complaint, or (b) the plaintiffs in the consolidated actions file notice that they will not file a consolidated amended complaint.
(4) Notwithstanding paragraphs (1), (2) or (3), above, if Sumitomo files an answer, moves or otherwise responds pursuant to Federal Rule 12 in any of the Related Actions before the date required by this stipulation, Sumitomo will concurrently file its answer, move or otherwise respond as permitted by Rule 12 in this matter.
(5) Plaintiffs and Sumitomo stipulate and agree that the entry into this stipulation by Sumitomo shall not constitute a waiver of (a) any jurisdictional defenses that may be available under Rule 12 of the Federal Rules of Civil Procedure, (b) any affirmative defenses under Rule 8 of the Federal Rules of Civil Procedure or (c) any other statutory or common law defenses that may be available to Sumitomo in this and the other Related Actions. Sumitomo expressly reserves its rights to raise any such defenses (or any other defense) in response to either the current Complaint or any amended complaint that may be filed relating to this action. IT IS SO STIPULATED.
HAGENS BERMAN SOBOL SHAPIRO LLP
Jeff. D. Friedman
Jeff D. Friedman (State Bar No. 173886)
Steve W. Berman
Anthony D. Shapiro
George W. Sampson
HAGENS BERMAN SOBOL SHAPIRO LLP
Elizabeth A. Fegan
HAGENS BERMAN SOBOL SHAPIRO LLP
Attorneys for Plaintiffs
LATHAM & WATKINS LLP
Daniel M. Wall
LATHAM & WATKINS LLP
Daniel M. Wall (State Bar No. 102
Attorney for Defendant Sumitomo Electric Industries, Ltd.