Opinion
CASE NO. 11-cr-0653-RS
11-03-2011
United States of America, Plaintiff. v. Maxzone Vehicle Lighting Corp., Defendant.
Jacklin Chou Lem May Lee Heye Howard J. Parker Kelsey C. Linnett Trial Attorneys U.S. Department of Justice Antitrust Division Jeremy Ostrander (Cal. Bar NX 233489) WHITE & CASE LLP Peter J. Carney (admitted pro hac vice ) Charles C. Moore (admitted pro hac vice ) WHITE & CASE LLP Counsel for Defendant Maxzone Vehicle Li
JEREMY OSTRANDER (Cal. Bar. No. 233489)
jostrander@whitecase.com
White & Case LLP
3000 El Camino Real
5 Palo Alto Square, 9th Floor
Palo Alto, CA 94306
Telephone: (650) 213-0300
Facsimile: (650) 213-8158
PETER J. CARNEY (admitted pro hac vice)
pcarney@whitecase.com
CHARLES C. MOORE (admitted pro hac vice)
charlesmoore@whitecase.com
White & Case LLP
701 Thirteenth Street, N.W.
Washington, D.C. 20005
Telephone: (202) 626-3600
Facsimile: (202) 639-9355
Counsel for Defendant Maxzone Vehicle Lighting Corp.
STIPULATION AND
[PROPOSED) ORDER
FOR EXPEDITED
SENTENCING UNDER
CRIM. L.R. 32-l(b)
Court: Hon. Richard Seeborg
On September 12, 2011, the United States filed a one-count Information charging Defendant Maxzone Vehicle Lighting Corp. ("Maxzone") with participating in a conspiracy to suppress and eliminate competition by fixing the prices of aftermarket auto lights sold in the United States and elsewhere, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. Maxzone is scheduled for a change of plea and possible sentencing on November 15, 2011 at 2:30 p.m. Maxzone will waive Indictment and plead guilty under Fed. R. Crim. P. 11(c)(1)(C). The United States and Maxzone have filed a Joint Sentencing Memorandum describing the material terms of the Plea Agreement and the agreed-upon recommended sentence. 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 Jacklin Chou Lem in Support of the United States' and Maxzone's Joint Sentencing Memorandum ("Lem Declaration"). IT IS HEREBY STIPULATED AND AGREED as follows:
Maxzone respectfully requests that the Court sentence Maxzone on an expedited basis pursuant to Crim. L.R. 32-1 (b) on November 15, 2011, the same date as the scheduled change of plea hearing. Maxzone respectfully submits that the Joint Sentencing Memorandum, the Lem Declaration, and the Plea Agreement provide sufficient information for the Court to exercise its sentencing authority meaningfully without a presentence report. Under the circumstances set forth in the Joint Sentencing Memorandum, the United States agrees that expedited sentencing of Maxzone is appropriate here and stipulates to the form of this Order,
Respectfully submitted,
Jacklin Chou Lem
May Lee Heye
Howard J. Parker
Kelsey C. Linnett
Trial Attorneys
U.S. Department of Justice
Antitrust Division
Jeremy Ostrander (Cal. Bar NX 233489)
WHITE & CASE LLP
Peter J. Carney (admitted pro hac vice)
Charles C. Moore (admitted pro hac vice)
WHITE & CASE LLP
Counsel for Defendant Maxzone Vehicle Li
Corp.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Richard Seeborg
United States District Judge