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In Re: Cathode Ray Tube (Crt) Antitrust Litigation

January 17, 2013

IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION


ORDER ADOPTING SPECIAL MASTER'S REPORT AND RECOMMENDATION REGARDING SUBPOENA

This Order Relates To: APPLICATION FOR JUDICIAL ASSISTANCE FOR THE ISSUANCE OF SUBPOENA PURSUANT TO 28 U.S.C. § 1782 TO OBTAIN DISCOVERY FOR USE IN A FOREIGN PROCEEDING

United States District Court For the Northern District of California

I. INTRODUCTION

On October 22, 2012, the Special Master in the above-captioned 18 matter (the "MDL") issued his Report and Recommendation regarding a 19 subpoena by Sharp Corporation ("Sharp"). ECF No. 1415 ("R&R"). 20 Underlying the R&R are Defendants' Motion to Quash, ECF No. 1327 21 ("Mot. to Quash") and Sharp's Motion to Compel, ECF No. 1340 ("Mot. 22 to Compel"). The MDL defendants relevant to the instant matter 23 ("Defendants"), too numerous to list here, appear at Mot. to Quash 24 1 n.1. Now before the Court is the joint motion of Defendants and 25 non-party Saveri & Saveri, Inc. ("Saveri") to adopt the R&R. The 26 matter is fully briefed and appropriate for resolution without oral 27 argument. ECF No. 1426 ("Mot. to Adopt R&R"); ECF No. 1430 ("Obj. 28 to R&R"). For the reasons explained below, the Court ADOPTS the R&R, GRANTS Defendants' Motion to Quash, and DENIES Sharp's Motion 2 to Compel.*fn1 3

II. BACKGROUND

Petitioner Sharp Corporation ("Sharp") is a manufacturer of 5 electronics products, currently pursuing an antitrust case similar 6 to the MDL in South Korea (the "Korean Litigation"). R&R at 2. 7

Defendants are a group of electronics producers, all of whom are 8 defendants in the MDL and some of whom are also defendants in the 9 Korean Litigation. Id. at 3. Non-party Saveri is class counsel 10 for the Direct Purchaser Plaintiffs ("DPP(s)"), a group of plaintiffs involved in the MDL. Id. at 2. 12

States District Court United For the Northern District of California

The Korean Litigation concerns an alleged antitrust conspiracy 13 that involves only Korean cathode ray tube manufacturers and 14 suppliers, and only sales taking place outside the United States. 15

Sharp has not yet pursued discovery in Korean courts for the Korean Litigation. R&R at 2-4. Instead it first requested a subpoena 17 from this Court to obtain documents from Saveri under 28 U.S.C. § 18 1782, which permits district courts to order production of 19 documents or other materials to foreign tribunals. Id. at 2. 20

Sharp's subpoena demands that Saveri produce all discovery related 21 to the DPP action of the MDL, because Sharp believes information 22 relevant to the Korean Litigation could be found in those 23 materials. *fn2 Id. Defendants and Saveri both objected to the 24 subpoena, Defendants moved to quash it, Sharp moved to compel 2 compliance, and the Special Master heard their arguments on 3 September 20, 2012. Id. at 1-2. The Special Master recommended 4 that Defendants' motion to quash be granted and that Sharp's motion 5 to compel be denied, because he deemed § 1782 assistance 6 unwarranted. Id. at 1-6. Saveri and Defendants now ask the Court 7 to adopt the R&R. Mot. to Adopt R&R at 1. Sharp objects, arguing 8 that the Special Master made critical legal and factual errors and 9 therefore abused his discretion. Obj. to R&R at 1. 10

States District Court United For the Northern District of California

III. LEGAL STANDARDS

A. Standard of Review for the R&R

The Court reviews the Special Master's factual findings for 14 clear error, his legal conclusions de novo, and his procedural 15 decisions for abuse of discretion. Fed. R. Civ. P. 53(f)(3)-(4); ECF No. 302 ("Order Appointing Special Master") ΒΆ 18 ...


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