IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`IN RE AVX CORPORATION
`STOCKHOLDERS LITIGATION
`
`Consolidated C.A. No. 2020-1046-SG
`
`FIRST AMENDED STIPULATION AND [PROPOSED] ORDER
`GOVERNING CASE SCHEDULE
`
`WHEREAS, on November 19, 2021, the Court entered a Stipulation and
`
`Order Governing Case Schedule in the above-captioned matter (the “Action”) (Dkt.
`
`54);
`
`WHEREAS, the parties have discussed and further agreed upon the amended
`
`proposed schedule and ancillary issues as set forth below;
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
`
`and among the parties (the “Parties,” and each a “Party”) hereto, through their
`
`undersigned counsel, and subject to the approval of the Court, that:
`
`1.
`
`The following schedule shall govern further proceedings in the Action:
`
`(a) The Parties shall file a joint Stipulation and
`[Proposed] Order Regarding Class Certification1
`
`April 6, 2022
`
`(b) Substantial completion of document production
`
`On a rolling basis2
`to be substantially
`completed by
`May 13, 2022
`
`1 Defendants have agreed not to contest class certification.
`2 Defendants shall make good faith efforts to serve rolling document productions
`approximately every three weeks from date of entry of this Order until completion.
`
`{FG-W0494333.}
`
`EFiled: Mar 22 2022 02:14PM EDT
`Transaction ID 67416531
`Case No. 2020-1046-SG
`
`
`
`IN RE AVX CORPORATION
`STOCKHOLDERS LITIGATION
`
`Consolidated C.A. No. 2020-1046-SG
`
`FIRST AMENDED STIPULATION AND [PROPOSED] ORDER
`GOVERNING CASE SCHEDULE
`
`WHEREAS, on November 19, 2021, the Court entered a Stipulation and
`
`Order Governing Case Schedule in the above-captioned matter (the “Action”) (Dkt.
`
`54);
`
`WHEREAS, the parties have discussed and further agreed upon the amended
`
`proposed schedule and ancillary issues as set forth below;
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
`
`and among the parties (the “Parties,” and each a “Party”) hereto, through their
`
`undersigned counsel, and subject to the approval of the Court, that:
`
`1.
`
`The following schedule shall govern further proceedings in the Action:
`
`(a) The Parties shall file a joint Stipulation and
`[Proposed] Order Regarding Class Certification1
`
`April 6, 2022
`
`(b) Substantial completion of document production
`
`On a rolling basis2
`to be substantially
`completed by
`May 13, 2022
`
`1 Defendants have agreed not to contest class certification.
`2 Defendants shall make good faith efforts to serve rolling document productions
`approximately every three weeks from date of entry of this Order until completion.
`
`{FG-W0494333.}
`
`EFiled: Mar 22 2022 02:14PM EDT
`Transaction ID 67416531
`Case No. 2020-1046-SG
`
`
`
`(c) Production of privilege and redaction logs
`
`June 3, 2022
`
`(d) Completion of non-expert fact discovery, including
`non-expert depositions, other than discovery subject
`to any motion to compel
`
`October 14, 2022
`
`(e)
`
`Identification of opening expert witnesses
`
`(f) Last date by which any Party wishing to file a
`summary judgment motion must file a letter no
`longer than 1,250 words setting forth the undisputed
`facts and legal theories that warrant granting
`summary judgment.
`
`(g) Last date on which any Party against whom
`summary judgment would be sought may file a
`letter response no longer than 2,500 words setting
`forth the factual disputes (including record citations)
`and legal bases for opposing such a motion.3
`
`October 14, 2022
`
`October 21, 2022
`
`November 4, 2022
`
`(h) Exchange of opening expert reports
`
`(i)
`
`Identification of rebuttal expert witnesses
`
`(j) Exchange of rebuttal expert reports
`
`(k) Completion of expert discovery, including
`depositions
`
`(l)
`
`Identification of trial witnesses4
`
`(m) Plaintiffs to provide initial draft of pre-trial order,
`with citations supporting proposed stipulated facts,
`including a proposed joint exhibit list, with all
`proposed joint exhibits listed in chronological order
`
`November 11, 2022
`
`December 2, 2022
`
`December 16, 2022
`
`January 13, 2023
`
`January 17, 2023
`
`January 20, 2023
`
`3 The Court will then determine whether to grant leave to file any motion(s) for
`summary judgment.
`4 If any party designates a trial witness who has not yet been deposed, any party shall
`have the right to depose such witness.
`
`{FG-W0494333.}
`
`2
`
`
`
`(n) Filing of any motions in limine
`
`(o) Filing of oppositions to motions in limine
`
`(p) Defendants to provide composite markup in redline
`of draft pre-trial order (including Defendants’
`additions to Plaintiffs’ proposed joint exhibit list,
`with all proposed joint exhibits listed in
`chronological order), with citations supporting
`proposed stipulated facts
`
`January 20, 2023
`
`January 27, 2023
`
`January 30, 2023
`
`(q) Filing of replies in support of motions in limine
`
`February 2, 2023
`
`(r) Parties’ joint submission of pre-trial order, including
`joint exhibit list and witness lists
`
`February 7, 2023
`
`(s) Filing of simultaneous pre-trial briefs
`
`February 14, 2023
`
`(t) Pre-trial conference (via telephone) to be initiated
`by Plaintiffs
`
`March 1, 2023 at
`1:30 p.m.
`
`(u) Trial (5 days)
`
`March 6-10, 2023
`
`2.
`
`The Parties shall meet and confer regarding arrangements for any
`
`discovery to be taken from the Parties’ agents, advisors, and other third parties.
`
`3.
`
`The Parties shall use reasonable efforts to arrange the depositions of the
`
`Parties’ agents, advisors, and other third parties.
`
`4.
`
`The Parties shall make a good faith effort to produce documents on a
`
`rolling basis and keep each other’s counsel regularly informed as to progress and
`
`anticipated future categories of production.
`
`5.
`
`The Parties shall meet and confer regarding the prioritization of
`
`documents and the precise timing of rolling productions of documents.
`
`{FG-W0494333.}
`
`3
`
`
`
`6.
`
`Prior to production of documents, the Parties shall use their best efforts
`
`to de-duplicate any electronic material collected in accordance with specifications
`
`agreed upon by the Parties. All documents that are stored or exist electronically shall
`
`be produced in electronic form, in accordance with specifications agreed upon by
`
`the Parties. To the extent practicable, all other documents produced shall be
`
`produced in electronic form, on a rolling basis, and in accordance with specifications
`
`agreed upon by the Parties.
`
`7.
`
`Depositions shall be taken on reasonable notice, and the Parties shall
`
`work together in good faith on the scheduling of depositions.
`
`8.
`
`The Parties will work together to create a single set of joint trial exhibits
`
`that shall appear in chronological order (to the extent practicable), without
`
`duplication of exhibits, with the inclusion of multiple near duplicates only where
`
`necessary, and shall cite the joint exhibits in the pretrial briefs.
`
`9.
`
`Following the identification of trial witnesses, a Party may designate
`
`additional witnesses for trial only upon agreement of the Parties or motion to the
`
`Court.
`
`10.
`
`The Parties may amend the terms set forth in this Order by written
`
`agreement, without Court approval, except for the pre-trial order and pre-trial briefs,
`
`the pretrial conference date, and the trial date, which may only be modified by order
`
`of the Court.
`
`{FG-W0494333.}
`
`4
`
`
`
`11. Any Party may move to modify the terms set forth in this Order for
`
`good cause.
`
`12.
`
`This Order is without prejudice to the rights of any Party to raise any
`
`and all arguments, objections, or defenses, including motions to stay or compel
`
`discovery.
`
`{FG-W0494333.}
`
`5
`
`
`
`FRIEDLANDER & GORRIS, P.A.
`
` /s/ David Hahn
`Joel E. Friedlander (Bar No. 3163)
`Jeffrey M. Gorris (Bar No. 5012)
`David Hahn (Bar No. 6417)
`1201 N. Market Street, Suite 2200
`Wilmington, DE 19801
`(302) 573-3500
`
`BERNSTEIN LITOWITZ BERGER
` & GROSSMANN LLP
`Gregory V. Varallo (Bar No. 2242)
`500 Delaware Avenue, Suite 901
`Wilmington, DE 19801
`(302) 364-3601
`
`OF COUNSEL:
`
`Jeroen van Kwawegen
`Thomas G. James
`Margaret Sanborn-Lowing
`BERNSTEIN LITOWITZ BERGER
` & GROSSMANN LLP
`1251 Avenue of the Americas
`New York, NY 10020
`(212) 554-1400
`
`Co-Lead Counsel for Plaintiffs
`
`Co-Lead Counsel for Plaintiffs
`
`ANDREWS & SPRINGER LLC
`Peter B. Andrews (Bar No. 4623)
`Craig J. Springer (Bar No. 5529)
`David Sborz (Bar No. 6203)
`4001 Kennett Pike, Suite 250
`Wilmington, DE 19807
`(302) 504-4957
`
`Additional Counsel for Plaintiffs
`
`Jeremy Friedman
`David Tejtel
`FRIEDMAN OSTER &
`TEJTEL PLLC
`493 Bedford Center Road, Suite 2D
`Bedford Hills, NY 10507
`(888) 529-1108
`
`D. Seamus Kaskela
`KASKELA LAW LLC
`18 Campus Boulevard, Suite 100
`Newtown Square, PA 19073
`(484) 258-1585
`
`Additional Counsel for Plaintiffs
`
`{FG-W0494333.}
`
`6
`
`
`
`MORRIS NICHOLS, ARSHT &
`TUNNELL LLP
`
`/s/ Kevin Coen
`Kevin Coen (#4775)
`Sara Toscano (#6703)
`1201 N. Market Street, Suite 2200
`Wilmington, DE 19801
`(302) 351-9301
`
`Counsel for Defendants Goro
`Yamaguchi, Shoichi Aoki, Hiroshi Fure,
`Koichi Kano, Hideo Tanimoto, and
`Kyocera Corporation
`
`RICHARDS, LAYTON & FINGER,
`P.A.
`
`/s/ Kevin M. Gallagher
`Robert W Whetzel (#2288)
`Kevin M. Gallagher (#5337)
`Christian C.F. Roberts (#6694)
`One Rodney Square
`Wilmington, DE 19801
`(302) 651-7634
`
`Counsel for Defendant John Sarvis
`
`Of Counsel:
`Andrew Ditchfield
`Brian M. Burnovski
`Andy T. Parrott
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, NY 10017
`(212) 450-3009
`
`Of Counsel:
`John F. Sylvia
`Matthew D. Levitt
`Catherine S. Lombardo
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY and POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`(617) 348-1820
`
` DATED: March 22, 2022
`
`IT IS SO ORDERED this _____ day of _______________, 2022.
`
`Vice Chancellor Glasscock
`
`{FG-W0494333.}
`
`7
`
`
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