Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 1 of 5
`Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 1of5
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`EXHIBIT D
`EXHIBIT D
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`Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 1of5
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`EXHIBIT D
`EXHIBIT D
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`Case 5:22-mc-80014-SVK Document 4 Filed 01/18/22 Page 1 of 4Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 2 of 5
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`JARED D. SCHUETTENHELM (SBN 267885)
`jared.schuettenhelm@bracewell.com
`BRACEWELL LLP
`701 Fifth Avenue, Suite 6200
`Seattle, Washington 98104-7018
`+1.206.204.6200
`+1.800.404.3970
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`Attorney for
`KIOXIA AMERICA, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`IN RE SUBPOENAS FROM OCEAN
`SEMICONDUCTOR LLP
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`SAN JOSE DIVISION
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`Case No. 5:22-mc-80014-SVK
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`NOTICE OF WITHDRAWAL OF
`MOTION TO QUASH
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`On January 13, 2022, KIOXIA America, Inc. (“KAI”) filed eight motions to quash
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`subpoenas in the miscellaneous actions captioned KIOXIA America Inc. v. Ocean Semiconductor
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`LLP and bearing Miscellaneous Case Nos. 5:22-mc-80014 through 5:22-mc-80021. In addition,
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`KAI filed an administrative motion in Miscellaneous Case No. 5:22-mc-80014 to relate all eight
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`cases.
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`On January 17, 2021, in response to KAI’s motions to quash, Ocean Semiconductor LLP
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`(“Ocean”) voluntarily withdrew all eight subpoenas by email notice to KAI’s undersigned counsel,
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`thereby mooting the issues pending before the Court. As a result, KAI hereby voluntarily withdraws
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`its motions to quash and seeks voluntary termination of Miscellaneous Case Nos. 5:22-mc-80014
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`through 5:22-mc-80021. KAI notes that its administrative motion to relate is mooted by this Notice
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`of Withdrawal.
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`CASE No. 5:22-mc-80014-SVK
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`KIOXIA AMERICA, INC.’S
`NOTICE OF WITHDRAWAL
`OF MOTION TO QUASH
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`Case 5:22-mc-80014-SVK Document 4 Filed 01/18/22 Page 2 of 4Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 3 of 5
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`For the Court’s convenience, KAI has attached a proposed order reflecting the voluntary
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`dismissal and termination of the actions.
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`Dated: January 18, 2022
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`Respectfully submitted,
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`BRACEWELL LLP
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`By: /s/ Jared D. Schuettenhelm
`Jared Schuettenhelm (SBN 267885)
`jared.schuettenhelm@bracewell.com
`Bracewell LLP
`701 Fifth Avenue, Suite 6200
`Seattle, Washington 98104-7018
`(206) 204-6200 (t)
`(800) 404-3970 (f)
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`CASE No. 5:22-mc-80014-SVK
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`KIOXIA AMERICA, INC.’S
`NOTICE OF WITHDRAWAL
`OF MOTION TO QUASH
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`Case 5:22-mc-80014-SVK Document 4 Filed 01/18/22 Page 3 of 4Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 4 of 5
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`CERTIFICATE OF SERVICE
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`I am employed in the City of Seattle, State of Washington. I am over the age of 18 years
`and not a party to this action. My business address is 701 Fifth Avenue, Ste. 6200, Seattle, WA
`98104.
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`On January 18, 2022 I served the following documents described as:
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`- Kioxia America, Inc.’s Notice of Withdrawal of Motion to Quash
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`-
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`[Proposed] Order Granting Withdrawal of Motion to Quash
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`on the interested parties in said action addressed as follows:
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`SEE ATTACHED SERVICE LIST
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` By Mail: I am readily familiar with this firm’s practice for causing documents to be served by
`U.S. Mail. Under that practice, documents are delivered to the USPS that same day with
`postage fully paid thereon.
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` By facsimile: I caused said document to be transmitted by facsimile to each addressee set forth
`below on this date before 5:00 p.m.
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` By FedEx delivery: I cause such envelope to be delivered via FedEx delivery to the party(ies)
`listed on the attached mailing list.
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`× By e-mail delivery: Our office caused such documents to be delivered via e-mail to
`counsel.
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`Executed on January 18, 2022, at Seattle, Washington.
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`×
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`[Federal] I declare that I am employed in the office of a member of the bar of this Court at
`whose direction this service was made.
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`Signature:
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`/s/ Andrea F. Kato
`Andrea F. Kato
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`CASE No. 5:22-mc-80014-SVK
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`KIOXIA AMERICA, INC.’S
`NOTICE OF WITHDRAWAL
`OF MOTION TO QUASH
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`Case 5:22-mc-80014-SVK Document 4 Filed 01/18/22 Page 4 of 4Case 6:20-cv-01213-ADA Document 70-5 Filed 03/04/22 Page 5 of 5
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`SERVICE LIST
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`Henrik Parker
`Email: hparker@devlinlawfirm.com
`Timothy Devlin
`Email: tdevlin@devlinlawfirm.com
`Alex Chan
`Email: achan@devlinlawfirm.com
`Joel Glazer
`Email: jglazer@devlinlawfirm.com
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`302-449-9010
`Fax: 302-353-4251
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`David H. Harper
`Email: david.harper@haynesboone.com
`Stephanie Sivinski
`Email: stephanie.sivinski@haynesboone.com
`David L. McCombs
`Email: david.mccombs@haynesboone.com
`Haynes & Boone, L.L.P.
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
`(214) 651-5247
`Fax: (214) 200-0463
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`CASE No. 5:22-mc-80014-SVK
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`KIOXIA AMERICA, INC.’S
`NOTICE OF WITHDRAWAL
`OF MOTION TO QUASH
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