throbber
Case 4:12-cv-11758-GAD-MKM ECF No. 430 filed 03/09/15 PageID.35254 Page 1 of 5
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`EVERLIGHT ELECTRONICS CO., LTD.,
`)
`)
`and EMCORE CORPORATION,
`)
`
`)
` Plaintiffs,
`)
`
`)
`
`)
`
`)
`)
`NICHIA CORPORATION, and NICHIA
`)
`AMERICA CORPORATION,
`)
`
`)
` Defendants, Counter-Plaintiffs,
`)
`
`)
`
`)
`)
`
`)
`EVERLIGHT ELECTRONICS CO., LTD.,
`)
`EMCORE CORPORATION, EVERLIGHT
`)
`AMERICAS, INC.,
`)
`
`)
` Counter-Defendants, Defendant.
`)
`
`
`
`
`
`vs.
`
`vs.
`
` Case No. 4:12-cv-11758 GAD-MKM
` Hon. Gershwin A. Drain
`
`
`
`
`
`
`STIPULATION AND ORDER
`
`
`

`

`Case 4:12-cv-11758-GAD-MKM ECF No. 430 filed 03/09/15 PageID.35255 Page 2 of 5
`
`
`
`
`STIPULATION
`
`
`
`
`
`A.
`
`The parties have produced documents in this case that are in a foreign
`
`language other than English, and have produced translations for some of these
`
`foreign language documents. The parties have discussed reaching an agreement
`
`for exchanging translations of foreign language documents, for making objections
`
`to such translations, and for attempting to resolve any disputes about the
`
`translations. This Stipulation summarizes the agreement reached by the parties.
`
`B.
`
`Exchange of Certified Translations - The parties agree to exchange
`
`translations of foreign language documents by March 16, 2015. All translations
`
`exchanged for the first time on March 16th shall be certified.
`
`C. Non-Certified Translations Previously Produced – For those
`
`previously produced translations of foreign language documents that are listed on
`
`the parties’ Exhibit Lists, which were exchanged between the parties on February
`
`19, 2015, as part of the process for drafting the Joint Pretrial Order, the parties
`
`agree that the lack of a certification shall not in and of itself be a ground for
`
`objecting to such translations. If a party intends to rely on such a non-certified
`
`translation, it shall identify the translation by Bates number by March 16, 2015.
`
`The parties reserve the right to object to any “machine” translations of foreign
`
`language documents based on the nature of the translation.
`
`

`

`Case 4:12-cv-11758-GAD-MKM ECF No. 430 filed 03/09/15 PageID.35256 Page 3 of 5
`
`
`
`
`D. Objections to Translations – By March 26, 2015, the parties agree to
`
`
`
`exchange objections to any certified translations that are exchanged and to any
`
`non-certified translations that are identified by March 16, 2015.
`
`E.
`
`Procedure for Resolving Disputes over Translations – If the parties
`
`have any disputes over a translation that is exchanged or identified by March 16,
`
`2015, they shall discuss all such disputes in a meet and confer between counsel.
`
`The parties shall be permitted to have their translators participate in such a meet
`
`and confer.
`
`F.
`
`Reservation of the Right to Submit Additional Translations – The
`
`parties agree to be reasonably diligent in determining the documents on their
`
`respective exhibit lists requiring translation and meeting the deadlines for
`
`exchanging certified translations and identifying non-certified translations.
`
`However, despite such efforts, the parties acknowledge that it may be that
`
`additional foreign language documents are identified for which certified
`
`translations are not exchanged by March 16, 2015. In such circumstances, both
`
`parties reserve the right to submit a certified translation of such foreign language
`
`documents after March 16, 2015, and the opposing party reserves all rights to
`
`object to such translations. The parties agree to make all reasonable efforts to keep
`
`any such later submitted translations to a minimum.
`
`
`
`3
`
`

`

`Case 4:12-cv-11758-GAD-MKM ECF No. 430 filed 03/09/15 PageID.35257 Page 4 of 5
`
`
`
`
`The parties hereby request that Court enter the parties’ agreement on
`
`
`
`G.
`
`translations of foreign language documents as an Order.
`
`STIPULATED AND AGREED TO:
`
`
`
`/s/ A. Michael Palizzi____________
`Raymond N. Nimrod, Esq.
`Joshua S. Reisberg
`
`QUINN EMANUEL URQUHART
`& SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Phone: (212) 849-7000
`Fax: (212) 849-7100
`raynimrod@quinnemanuel.com
`joshuareisberg@quinnemanuel.com
`
`Attorneys for Everlight Electronics
`Co., Ltd. and Everlight Americas,
`Inc.
`
`
`
`
`
`A. Michael Palizzi, Esq.
`MILLER, CANFIELD, PADDOCK
`AND STONE, P.L.C.
`150 West Jefferson, Suite 2500
`Detroit, MI 48226
`Phone: (313) 963-4620
`Fax: (313) 496-7500
`palizzi@millercanfield.com
`
`Attorneys for Everlight Electronics
`Co., Ltd., Everlight Americas, Inc.,
`and Emcore Corporation
`
`
`
`/s/ Lisa S. Mankofsky____________
`Michael D. Kaminski, Esq.
`Lisa S. Mankofsky, Esq.
`FOLEY & LARDNER LLP
`3000 K Street N.W., Suite 600
`Washington, DC 20007
`Phone: (202) 672-5300
`Fax: (202) 672-5399
`mkaminski@foley.com
`lmankofsky@foley.com
`
`Steven J. Rizzi, Esq.
`FOLEY & LARDNER LLP
`90 Park Avenue
`New York, NY 10016
`Phone: (212) 682-7474
`Fax: (212) 687-2329
`srizzi@foley.com
`
`John R. Trentacosta, Esq.
`Irina Kashcheyeva, Esq.
`FOLEY & LARDNER LLP
`500 Woodward Ave., Suite 2700
`Detroit, MI 48226
`Phone: (313) 234-7100
`Fax: (313) 234-2800
`jtrentacosta@foley.com
`ikashcheyeva@foley.com
`
`
`Counsel for Nichia Corporation and
`Nichia America Corporation
`
`
`
`4
`
`

`

`Case 4:12-cv-11758-GAD-MKM ECF No. 430 filed 03/09/15 PageID.35258 Page 5 of 5
`
`
`
`
`
`
`
`
`
`ORDER
`
`IT IS SO ORDERED that for the reasons stated in the foregoing
`
`Stipulation, the Court enters the parties’ Stipulation as an Order.
`
`
`
`Dated: March 9, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/Gershwin A Drain
`HONORABLE Gershwin A. Drain
`United States District Judge
`
`
`
`
`
`
`
`
`
`5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket