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`JACKLIN CHOU LEM (CSBN 255293)
`ALEXANDRA J. SHEPARD (CSBN 205143)
`HOWARD J. PARKER (WSBN 07233)
`HENRY J. HAUSER (CSBN 286744)
`ANDREW J. NICHOLSON-MEADE (CSBN 284070)
`United States Department of Justice
`Antitrust Division
`450 Golden Gate Avenue
`Box 36046, Room 10-0101
`San Francisco, California 94102
`Telephone: (415) 934-5334
`Facsimile: (415) 934-5399
`jacklin.lem@usdoj.gov
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`IN RE: CAPACITORS
`ANTITRUST LITIGATION
`
`Master File No. 3:14-cv-03264-JD
`
`UNITED STATES’ NOTICE OF
`MOTION AND MOTION TO
`INTERVENE
`
`Date: October 29, 2014
`Time: 9:30 a.m.
`Judge: Honorable James Donato
`
`
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`
`PLEASE TAKE NOTICE THAT the United States files this motion to be heard on
`Wednesday, October 29, 2014 at 9:30 a.m. before the Honorable James Donato. The United
`States of America, through the Antitrust Division of the U.S. Department of Justice, moves for
`permissive intervention under Fed. R. Civ. P. 24(b)(1)(B). A federal grand jury empanelled in
`the Northern District of California is investigating allegations of price fixing, bid rigging, and
`
`UNITED STATES’ NOTICE OF MOTION AND
`MOTION TO INTERVENE
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`1
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`Case No. 3:14-cv-03264-JD
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`Case 3:14-cv-03264-JD Document 240 Filed 10/22/14 Page 2 of 2
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`market allocation in the capacitors industry, in violation of the Sherman Act, 15 U.S.C. § 1. This
`grand jury investigation shares common questions of fact and law with the above-captioned civil
`case.
`
`The United States seeks to intervene in this civil case for the purpose of seeking a limited
`stay of discovery. A limited stay will protect the integrity of the ongoing grand jury
`investigation and facilitate an efficient and orderly resolution of the parallel criminal and civil
`matters.
`
`This motion is unopposed. The government requests that this motion be scheduled for a
`hearing, if one is necessary, in advance of the usual 35 days. The United States respectfully
`requests that, should the Court want a hearing on this motion, it set the hearing for October 29,
`2014, the same day the Court has scheduled a Case Management Conference for the civil case.
`The United States has also filed an unopposed motion to shorten time pursuant to Civil L.R. 6-3.
`If the court sets a hearing for this motion, Trial Attorney Andrew J. Nicholson-Meade
`will represent the United States for any oral argument. Pursuant to paragraph 13 of the Court’s
`Standing Orders for Civil Cases, the United States advises the Court that Mr. Nicholson-Meade
`has less than six years experience as an attorney.
`
`This motion is supported by the Memorandum in Support of United States’ Motion To
`Intervene, the Declaration of Jacklin Chou Lem, and the Declaration of Howard Parker. The
`government requests that the Lem Declaration be filed under seal, and has accompanied the Lem
`Declaration with the appropriate sealing motion, declaration, and proposed order. Finally, the
`United States has also filed a Proposed Order Granting United States’ Motion to Intervene.
`
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`Dated: October 22, 2014
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`UNITED STATES’ NOTICE OF MOTION AND
`MOTION TO INTERVENE
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`Respectfully Submitted,
`
`/s/ Andrew J. Nicholson-Meade________
`JACKLIN CHOU LEM
`ANDREW J. NICHOLSON-MEADE
`Trial Attorneys
`U.S. Department of Justice
`Antitrust Division
`
`Case No. 3:14-cv-03264-JD
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