`
`
`
`
`
`
`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
`
`