Opinion
No. CR 11-00724-RS
11-07-2011
UNITED STATES OF AMERICA v. HITACHI-LG DATA STORAGE, INC., Defendant.
SIDNEY A. MAJALYA (CA Bar No. 205047) JACKLIN CHOU LEM (CA Bar No. 255293) MANISH KUMAR (CA Bar No. 269493) Antitrust Division U.S. Department of Justice Attorneys for the United States
SIDNEY A. MAJALYA (CA Bar No. 205047)
JACKLIN CHOU LEM (CA Bar No. 255293)
MANISH KUMAR (CA Bar No. 269493)
Antitrust Division
U.S. Department of Justice
Attorneys for the United States
STIPULATION AND [PROPOSED] ORDER FOR EXPEDITED SENTENCING
UNDER L.R. 32-1(b)
COURT: Hon. Richard Seeborg
On September 30, 2011, the United States filed a fifteen-count Information charging Hitachi-LG Data Storage, Inc. ("HLDS") with fourteen counts of violating the Sherman Antitrust Act, 15 U.S.C. § 1, and one count of wire fraud, 18 U.S.C. § 1343. HLDS is scheduled for a change of plea and possible sentencing on November 8, 2011. HLDS will waive Indictment and plead guilty under Fed. R. Crim. P. 11(c)(1)(C). The United States and HLDS have filed a Joint Sentencing Memorandum describing the material terms of the plea agreement and the agreed-upon recommended sentence (Dkt. No. 5). The Plea Agreement has been attached as Exhibit A to the Joint Sentencing Memorandum. The United States has also filed under seal the Declaration of Sidney A. Majalya in Support of United States' and Defendant HLDS's Joint Sentencing Memorandum and the United States' Motion for Departure ("Majalya Declaration") (Dkt. No. 9). IT IS HEREBY STIPULATED AND AGREED as follows:
The United States and HLDS request that the Court sentence HLDS on an expedited basis pursuant to Crim. L.R. 32-1(b) on November 8, 2011, the same date as the scheduled change of plea hearing. The United States and HLDS respectfully submit that the Joint Sentencing Memorandum, the Majalya Declaration, and the Plea Agreement provide sufficient information for the Court to meaningfully exercise its sentencing authority without a presentence report.
Respectfully submitted,
BY: Cristina C. Arguedas
Laurel Headley
Counsel for Hitachi-LG Data Storage, Inc
Arguedas, Cassman & Headley LLP
BY: Sidney A. Majalya
Jacklin Chou Lem
Manish Kumar
Trial Attorneys
U.S. Department of Justice
Antitrust Division
Based on the stipulation of the parties, and for good cause shown,
IT IS SO ORDERED.
Honorable Richard Seeborg
United States District Court Judge