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In re TFT-LCD Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 23, 2010

IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION

The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge

MDL No. 1827

STIPULATION AND [PROPOSED]

This Document Relates to: ORDER RE APPLICATION OF CLASS CERTIFICATION ORDER TO SANYO ALL DIRECT PURCHASER ACTIONS CONSUMER ELECTRONICS CO., LTD.

Undersigned counsel, on behalf of the Direct Purchaser Plaintiffs and SANYO Consumer Electronics Co., Ltd. respectfully request that the Court enter the following order.

WHEREAS, Direct Purchaser Plaintiffs filed their Third Amended Consolidated Complaint on December 2, 2009 (Docket No. 1407);

WHEREAS, in that complaint Direct Purchaser Plaintiffs named as a defendant SANYO Consumer Electronics Co., Ltd., which had not been named in any previous complaint filed by Direct Purchaser Plaintiffs in this litigation;

WHEREAS, Direct Purchaser Plaintiffs' motion for class certification was briefed and argued 28 prior to the filing of the Third Amended Consolidated Complaint;

WHEREAS, the Court issued an Order granting in part and denying in part Direct Purchaser Plaintiffs' motion for class certification on March 28, 2010 (Docket No. 1641);

THEREFORE, pursuant to Federal Rule of Civil Procedure 23(c)(1)(C), Direct Purchaser Plaintiffs and SANYO Consumer Electronics Co., Ltd. stipulate as follows:

(1) that the Direct Purchaser Plaintiffs' motion for class certification previously filed as noted above shall be treated as if filed in regard to claims asserted in the Third Amended Complaint against SANYO Consumer Electronics Co., Ltd.;

(2) that all defenses against class certification that were presented by and on behalf of the defendants prior to the Court's Order of March 28, 2010 granting in part and denying in part the Direct Purchaser Plaintiffs' motion for class certification, and all issues raised in any motion for reconsideration by the defendants, shall be treated as if presented by and on behalf of SANYO Consumer Electronics Co., Ltd.;

(3) that the Court's March 28, 2010 class certification Order shall apply to SANYO Consumer Electronics Co., Ltd.; and

(4) that SANYO Consumer Electronics Co., Ltd. shall have full rights of appeal commensurate 16 with any party that was a defendant at the time of the March 28, 2010 class certification order.

Dated: July 22, 2010

Richard M. Heimann (State Bar No. 63607) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West, 29th Floor 275 Battery Street San Francisco, CA 94111 Telephone: (415) 956-1000 Facsimile: (415) 956-1008

Bruce L. Simon (State Bar No. 96241) PEARSON, SIMON, WARSHAW & PENNY, LLP 44 Montgomery Street, Suite 2450 San Francisco, CA 94104 Telephone: (415) 433-9000 Facsimile: (415) 433-9008 Direct Purchaser Co-Lead Counsel

Allison A. Davis (State Bar No. 139203) DAVIS WRIGHT TREMAINE, LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111-6533 Telephone: (415) 276-6580 Facsimile: (415) 276-4880 Counsel for Defendant Sanyo Consumer Electronics Co., Ltd.

Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from Richard M. Heimann and Allison A. Davis.

ORDER

SO ORDERED this 23rd day of July, 2010.

20100723

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