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In re TFT-LCD (Flat Panel) Antitrust Litigation

United States District Court, Ninth Circuit

August 8, 2013

IN RE: TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION. This Document Relates to: Best Buy Co., Inc.
v.
AU Optronics Corp., et al., No. 10-CV-4572 Best Buy Co., Inc.
v.
Toshiba Corp. et al., No. 12-CV-4114

Christopher M. Curran, (pro hac vice) J. Mark Gidley, (pro hac vice) Martin M. Toto, (pro hac vice) John H. Chung (pro hac vice) WHITE & CASE LLP, New York, NY, Attorneys for Toshiba Corporation, Toshiba Mobile Display Co., Ltd., Toshiba America Electronic Components, Inc., and Toshiba America Information Systems, Inc.

Roman M. Silberfeld, State Bar No. 62783 David Martinez, State Bar No. 193183 Laura E. Nelson, State Bar No. 231856 ROBINS, KAPLAN, MILLER & CIRESI L.L.P., Los Angeles, CA, Attorneys For Plaintiffs Best Buy Co., Inc.; Best Buy Purchasing LLC; Best Buy Enterprise Services, Inc.; Best Buy Stores, L.P.; BestBuy.com, L.L.C.; and Magnolia Hi-Fi, Inc.

STIPULATION AND [PROPOSED] ORDER RE BEST BUY'S CLAIMS BASED ON PURCHASES FROM NEC

SUSAN ILLSTON, District Judge.

WHEREAS, Best Buy Co., Inc., Best Buy Purchasing LLC, Best Buy Enterprise Services, Inc., Best Buy Stores, L.P., BestBuy.com, L.L.C., and Magnolia Hi-Fi, Inc. (collectively, "Best Buy") filed a complaint in this action against Toshiba Corporation, Toshiba Mobile Display Co., Ltd., Toshiba America Electronic Components, Inc., and Toshiba America Information Systems, Inc. ("Toshiba"), on August 3, 2012;

WHEREAS, Toshiba joined in Defendants' motion for summary judgment as to damages based on purchases from conspirators not alleged in the complaints of certain Track 1 plaintiffs, including Best Buy, on August 2, 2012;

WHEREAS, Best Buy filed a motion to consolidate its action against Toshiba with other Track 1 cases on November 16, 2012;

WHEREAS, in its reply regarding the motion to consolidate, Best Buy agreed to submit to the Court's rulings on certain summary judgment motions, including Defendants' motion filed on August 2, 2012;

WHEREAS, the Court granted Best Buy's motion to consolidate its action against Toshiba with other Track 1 cases on December 13, 2012;

WHEREAS, in granting the motion to consolidate, the Court specifically referenced Best Buy's acceptance of the Court's pending rulings on certain summary judgment motions, including Defendants' motion filed on August 2, 2012;

WHEREAS, the Court granted in part Defendants' motion for summary judgment as to damages based on purchases from conspirators not alleged in the complaints of certain Track 1 plaintiffs, including Best Buy, on December 26, 2012, Dkt. No. 7419 (the "Order");

WHEREAS, in the Order, the Court granted Defendants' motion "as to plaintiffs' claims for damages based on purchases from the following entities that the Court finds were not disclosed to defendants prior to the discovery cut-off (or otherwise the subject of discovery prior to the cut-off):... [Best Buy]: Advanced Displays, Inc., Alps Electric Co., Ltd., NEC Corp., NEC Corp. of America, NEC Display Solutions of America, Nikon, Philips Kobe, and Samsung Mobile Display";

WHEREAS, the Court's Order did not exclude NEC LCD Technologies, Ltd., which Best Buy identified in its Complaint in that action. See Dkt. No. 2878 (Best Buy's First Amended Complaint ΒΆΒΆ 58-59);

WHEREAS, consistent with the Order, Best Buy and Toshiba hereby stipulate, subject to approval by the Court, as follows:

1. Best Buy's claims against Toshiba are subject to the Court's Order granting in part Defendants' motion for summary judgment, Dkt. No. 7419;
2. Best Buy shall not assert claims for damages based on purchases from the following entities: Advanced Displays, Inc., Alps Electric Co., Ltd., NEC Corporation, NEC Corporation of America, NEC Display Solutions of America; Nikon; Philips Kobe; and Samsung Mobile Display;
3. Best Buy does not waive the right to contend that Best Buy's purchases from these entities are independently actionable under Illinois Brick and Royal Printing as set forth by Best Buy in its Reply to HannStar's Second Opposition to Best Buy's Trial Brief re FRCP 1006 Summary Witness filed on August 7, 2013 and pending before the Court (Dkt. No. 8423 at 2:9-27), to the extent this argument has not been resolved by the Court's Order on summary judgment, Dkt. No. 7419;
4. NEC LCD Technologies, Ltd. remains as an alleged co-conspirator in Best Buy's complaint (just as it was in Best Buy's complaint in Best Buy Co., Inc. v. AU Optronics Corp., et al. ).

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.


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