UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 21, 2011
IN RE: TFT-LCD (FLAT PANEL)
The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
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 Richard M. Heimann (State Bar No. 63607) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 Direct Purchaser Co-Lead Class Counsel
STIPULATION AND [PROPOSED]
This Document Relates to: ORDER DISMISSING TATUNG
COMPANY OF AMERICA, INC.
ALL DIRECT PURCHASER CLASS ACTIONS
WHEREAS, Plaintiffs are prosecuting the Direct Purchaser Class Action, Master File No. 3:07-md-1827 SI (the "Action") in In re TFT-LCD (Flat Panel) Antitrust Litigation, MDL 24 No. 1827 (N.D. Cal.) on their own behalf and on behalf of the Direct Purchaser Classes against, 25 among others, defendant Tatung Company of America, Inc. ("Tatung America");
WHEREAS, Plaintiffs allege that Tatung America participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of TFT-LCD Products at artificially high levels in 28 violation of Section 1 of the Sherman Act;
WHEREAS, Tatung America denies Plaintiffs' allegations and has asserted defenses to Plaintiffs' claims; regarding the Action and have concluded that dismissing their claims against Tatung America is 5 in the best interest of Plaintiffs and the Classes; undersigned that the Action be dismissed pursuant to Federal Rule of Civil Procedure 41(a)(2) 8 without prejudice as to Tatung America, without costs to Plaintiffs, the Class, or Tatung America, 9 and state as follows: action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).
costs and fees.
against the Direct Purchaser Class Plaintiffs and their counsel, as long as the action against it 16 remains dismissed.
WHEREAS, Plaintiffs have conducted an investigation into the facts and the law
NOW, THEREFORE, it is agreed by and among Plaintiffs, Tatung America, and the
1. Direct Purchaser Class Plaintiffs and Tatung America seek the dismissal of this
2. Both Direct Purchaser Class Plaintiffs and Tatung America are to bear their own
3. Tatung America agrees not to seek any fees or costs nor to pursue any sanctions
4. Tatung America agrees to keep its purchases in the Direct Purchaser Plaintiff
Class, as long as the action against it remains dismissed.
5. This stipulation does not affect the rights or claims of Direct Purchaser Class
Plaintiffs against any other defendant or alleged co-conspirator in this litigation.
6. Tatung America may submit a claim to the settlement fund recovered for the Class Members in this Action. Plaintiffs reserve their right to object on any available grounds, 3 including that the claim is not valid. This stipulation and order shall not be construed in favor of 4 or against Tatung America's right to make a claim or to support or dispute the merits of any such 5 claim.
IT IS SO STIPULATED AND AGREED:
Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from the above signatories.
© 1992-2011 VersusLaw Inc.