UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

Plaintiff, 

-againstKYOCERA CORPORATION, 

Defendant. 

Case No. 15-cv-11236 

Hon. Thomas L. Ludington 

STIPULATION AND ORDER 

OF CONSOLIDATION AND 

DIRECTING FILINGS 

WHEREAS, Plaintiff Hemlock Semiconductor Corporation (“Hemlock”) 

and Defendant Kyocera Corporation (“Kyocera”) entered into a series of three 

long-term agreements for the supply of polycrystalline silicon between the years 

2005 and 2007 (“Agreements I-III”); 

WHEREAS, Hemlock’s affiliate Hemlock Semiconductor, LLC (“Hemlock 

LLC”) and Kyocera entered into a fourth long-term agreement for the supply of 

polycrystalline silicon in 2008 (“Agreement IV”); 

WHEREAS, on April 1, 2015, Hemlock commenced this action against 

Kyocera with respect to Agreements I-III (“Action #1”); 

WHEREAS, on October 7, 2015, Hemlock LLC commenced an action 

against Kyocera with respect to Agreement IV in the Saginaw County Circuit 

Court (“Action #2”); 

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WHEREAS, on February 3, 2016, Kyocera removed Action #2 to this Court, 

as a result of which Action #2 now bears the caption Hemlock Semiconductor, 

LLC v. Kyocera Corporation, No. 16-cv-10376 (E.D. Mich.) (Ludington, J.); 

WHEREAS, Kyocera filed an Answer and Counterclaim in Action #2 on 

February 10, 2016; 

WHEREAS, under the Federal Rules of Civil Procedure, Hemlock LLC’s 

deadline to file a responsive pleading to Kyocera’s Counterclaim in Action #2 is 

March 7, 2016; 

WHEREAS, each of Hemlock, Hemlock LLC, and Kyocera desires to 

consolidate this Action #1 with Action #2 for all purposes, including trial; 

WHEREAS, Action #1 and Action #2 are factually and legally 

indistinguishable in many respects, and consolidation would serve judicial 

efficiency without prejudice to any party; 

WHEREAS, if consolidation is granted, Hemlock and Hemlock LLC desire 

to file a consolidated amended complaint that would supersede their complaints 

previously filed in Actions #1 and #2, and Kyocera desires to file a consolidated 

amended responsive pleading that would supersede its responsive pleadings 

previously filed in Actions #1 and #2; 

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WHEREAS, if consolidation is denied, Hemlock LLC intends to seek to 

amend its complaints in both Action #1 and Action #2, and Kyocera intends to 

amend its responsive pleadings in both Action #1 and Action #2; 

WHEREAS, Kyocera filed a motion to compel on October 8, 2015 (Dkt. No. 

45), that is set for hearing on March 9, 2016; 

 WHEREAS, some of the issues raised in the motion have been superseded 

by rulings from the Court on January 6, 2016, and March 1, 2016, regarding 

Kyocera’s counterclaims; 

WHEREAS, Kyocera wishes to withdraw its pending motion to compel (Dkt 

No. 45) and continue to meet and confer with Hemlock regarding discovery in 

light of the Court’s rulings, Hemlock’s anticipated consolidated amended 

complaint, and Kyocera’s anticipated consolidated amended answer; 

Accordingly, it is hereby STIPULATED that: 

Pursuant to Fed. R. Civ. P. 42(a), this action is consolidated with the related 

action Hemlock Semiconductor, LLC v. Kyocera Corporation, No. 16-cv-10376, 

which is also pending before this Court, for all purposes, including trial. 

Given the parties’ desire to file consolidated amended pleadings that 

supersede all pleadings previously filed in Action #1 and Action #2, Kyocera’s 

Counterclaim in Action #2 is hereby deemed withdrawn (without prejudice), such 

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that Hemlock is no longer required to issue a responsive pleading to that 

Counterclaim. 

Hemlock and Hemlock LLC shall file a consolidated amended complaint in 

this consolidated action on or before March 18, 2016, and Kyocera shall file a 

consolidated responsive pleading on or before April 8, 2016. 

In order to allow the parties to meet and confer and potentially narrow or 

resolve discovery disputes, Kyocera’s motion to compel (Dkt. No. 45) is hereby 

deemed withdrawn without prejudice, and oral argument regarding the motion will 

not be heard at the March 9, 2016 case management conference scheduled in this 

matter. The March 9, 2016 case management conference shall remain on the 

Court’s calendar. 

Date: March 4, 2016 

SO STIPULATED. 

   /s/ Alvin Lee

J. Peter Coll, Jr.

John Ansbro

Alvin Lee  

ORRICK HERRINGTON &  

SUTCLIFFE, LLP

51 W. 52nd St.  

New York, NY 10019

Tel: (212) 506‐5000

pcoll@orrick.com

jansbro@orrick.com

/s/ David C. Doyle (with consent)

David C. Doyle

William V. O’Connor

Christian G. Andreu‐von Euw

Morrison & Foerster LLP

12531 High Bluff Drive

San Diego, CA 92130‐2040

Tel: (858) 720‐5100

ddoyle@mofo.com

woconnor@mofo.com

christian@mofo.com

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alee@orrick.com

Craig W. Horn (P34281)

BRAUN, KENDRICK, FINKBEINER, PLC

4301 Fashion Square Boulevard

Saginaw, Michigan 48603

Tel: (989) 498‐2100

crahor@BraunKendrick.com

Attorneys for Plaintiff Hemlock  

Semiconductor Corporation

Robert A. Hahn (P28193)

Jungerheld, Hahn & Washburn, P.C.

P.O. Box 6128

Saginaw, MI 48608‐6128

Tel: (989) 790‐0000

r.hahn@ameritech.net

Keefe A. Brooks (P31680)

Brooks Wilkins Sharkey & Turco, PLLC

401 S. Old Woodward, Suite 400

Birmingham, MI 48009

Tel: (248) 971‐1800

brooks@bwst‐law.com

Attorneys for Defendant Kyocera

Corporation

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

HEMLOCK SEMICONDUCTOR CORPORATION, 

 Plaintiff, Case Nos. 15-cv-11236-BC 

v. Honorable Thomas L. Ludington 

KYOCERA CORPORATION, 

 

 Defendant. 

and 

HEMLOCK SEMICONDUCTOR, LLC. 

 Plaintiff, Case Nos. 16-10376-BC 

v. Honorable Thomas L. Ludington 

KYOCERA CORPORATION, 

 Defendant. 

__________________________________________/ 

ORDER CONSOLIDATING CASES AND DIRECTING FILINGS 

Pursuant to the parties’ stipulation, the above captioned matter will be consolidated with 

Hemlock Semiconductor, LLC v. Kyocera Corporation, No. 16-cv-10376 (E.D. Mich. Feb. 3, 

2016) under Federal Rule of Civil Procedure 42(a). 1 In order to manage and clarify all pending 

claims in the newly consolidated action, Hemlock and Hemlock LLC will be directed to file a 

single amended complaint on or before March 18, 2016, setting forth all of its claims against 

Kyocera. Kyocera will then be required to file its responsive pleading on or before April 8, 

2016. 

Accordingly, it is ORDERED that Hemlock Semiconductor Corporation v. Kyocera 

Corporation, N0. 15-cv-11236 (E.D. Mich. April 1, 2015) and Hemlock Semiconductor, LLC v. 

 

1

 This consolidation does not alter any original filing dates for statute of limitations purposes. 

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Kyocera Corporation, No. 16-cv-10376 (E.D. Mich. Feb. 3, 2016) are CONSOLIDATED in 

their entirety. The parties are DIRECTED to file motions, responsive materials, and other filings 

under case number 15-cv-11236. 

It is further ORDERED that Hemlock and Hemlock LLC are DIRECTED to file a 

consolidated amended complaint, setting forth all remaining claims against Kyocera, on or 

before March 18, 2016. Kyocera is DIRECTED to file a consolidated responsive pleading on 

or before April 8, 2016. 

It is further ORDERED that Kyocera’s motion to compel, ECF No. 45, is 

WITHDRAWN. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: March 8, 2016 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on March 8, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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