Opinion
CASE NO. 3:11-cv-00711-SI MDL NO. 3:07-md-1827-SI
11-22-2011
In re: TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION This Document Relates to Individual Case No. 3:11-cv-00711-SI THE STATE OF NEW YORK, Plaintiff, v. AU OPTRONICS CORPORATION, et al., Defendants.
Respectfully submitted, ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Richard L. Schwartz Richard L. Schwartz* Acting Bureau Chief, Antitrust Bureau Amy McFarlane* Assistant Attorney General Attorneys for Plaintiff State of New York * Automatic Pro Hac Vice Admission Pursuant to Pretrial Order No. 1, Dated July 3, 2007 (Waiving Civil L.R. 11-3) SIMPSON THACHER & BARTLETT LLP By: Harrison J. Frahn IV Harrison J. Frahn IV (SBN 206822) SIMPSON THACHER & BARTLETT LLP Attorneys for Defendants Chi Mei Optoelectronics Corporation, Chi Mei Optoelectronics USA, Inc., and CMO Japan Co., Ltd. MORGAN LEWIS & BOCKIUS LLP By: Kent M. Roger (SBN 95987) Kent M. Roger (SBN 95987) Attorney for Defendants Hitachi, Ltd., Hitachi Displays, Ltd., and Hitachi Electronic Devices (USA), Inc.
Harrison J. Frahn IV (SBN 206822)
SIMPSON THACHER & BARTLETT LLP
Attorneys for Defendants
Chi Mei Optoelectronics Corporation,
Chi Mei Optoelectronics USA, Inc., and
CMO Japan Co., Ltd.
STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO
RESPOND TO AMENDED COMPLAINT
The undersigned counsel, on behalf of their respective clients, hereby respectfully request an extension of the deadline for Defendants Chimei Innolux Corporation (f/k/a Chi Mei Optoelectronics Corporation), Chi Mei Optoelectronics USA, Inc., and CMO Japan Co., Ltd. (collectively, the "Chi Mei Defendants"), and Defendants Hitachi, Ltd., Hitachi Displays, Ltd., and Hitachi Electronic Devices (USA), Inc. (collectively, the "Hitachi Defendants"), to respond to the amended complaint filed by Plaintiff State of New York on March 15, 2011, in the above-captioned litigation (the "Amended Complaint").
WHEREAS the Chi Mei Defendants and Hitachi Defendants, jointly with other Defendants in this action, filed a motion to dismiss the Amended Complaint on May 5, 2011;
WHEREAS the Court entered an order granting in part and denying in part Defendants' joint motion to dismiss the Amended Complaint on August 9, 2011 (the "August 9, 2011 Order");
WHEREAS on August 25, 2011, the Court entered an order extending Defendants' deadline to answer the Amended Complaint to September 14, 2011;
WHEREAS on September 14, 2011, the Court entered an order extending Defendants' deadline to answer the Amended Complaint to October 25, 2011;
WHEREAS on October 21, 2011, Plaintiff, the Chi Mei Defendants, and the Hitachi Defendants filed a joint stipulation to extend the Chi Mei and Hitachi Defendants' deadline to answer the Amended Complaint to November 22, 2011;
WHEREAS on October 26, 2011, the Court entered an order modifying the pretrial and trial schedule in the above-captioned litigation;
WHEREAS on November 15, 2011, the Court entered an order (i) granting Plaintiff's motion for leave to file a motion for reconsideration and (ii) granting in part and denying in part reconsideration of the August 9, 2011 Order.
WHEREAS Plaintiff State of New York and the Chi Mei Defendants have agreed to a settlement in principle of the above-captioned litigation;
WHEREAS Plaintiff State of New York and the Hitachi Defendants have agreed to a settlement in principle of the above-captioned litigation, subject to board approval;
WHEREAS the parties would benefit from additional time to continue to negotiate the terms of that settlement;
WHEREAS further extending the time for the Chi Mei Defendants and Hitachi Defendants to answer the Amended Complaint would not alter the date of any other event or deadline already fixed by the Court;
THEREFORE, Plaintiff State of New York and the Chi Mei Defendants and Hitachi Defendants, by their respective counsel, stipulate and agree as follows:
The Chi Mei Defendants and Hitachi Defendants will have until December 9, 2011 to answer the Amended Complaint.
Respectfully submitted,
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Richard L. Schwartz
Richard L. Schwartz*
Acting Bureau Chief, Antitrust Bureau
Amy McFarlane*
Assistant Attorney General
Attorneys for Plaintiff State of New York
* Automatic Pro Hac Vice Admission Pursuant to Pretrial
Order No. 1, Dated July 3, 2007 (Waiving Civil L.R. 11-3)
SIMPSON THACHER & BARTLETT LLP
By: Harrison J. Frahn IV
Harrison J. Frahn IV (SBN 206822)
SIMPSON THACHER & BARTLETT LLP
Attorneys for Defendants
Chi Mei Optoelectronics Corporation,
Chi Mei Optoelectronics USA, Inc., and
CMO Japan Co., Ltd.
MORGAN LEWIS & BOCKIUS LLP
By: Kent M. Roger (SBN 95987)
Kent M. Roger (SBN 95987)
Attorney for Defendants Hitachi, Ltd., Hitachi
Displays, Ltd., and Hitachi Electronic Devices
(USA), Inc.
Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from all parties whose signatures are indicated by a "confirmed" signature (/s/) within this e-filed document.
Harrison J. Frahn IV (SBN 206822)
[PROPOSED] ORDER
Having considered the foregoing stipulation, and for good cause appearing, IT IS SO ORDERED.
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE