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In re Lithium Ion Batteries Antitrust Litigation

United States District Court, Ninth Circuit

August 15, 2013

IN RE: LITHIUM ION BATTERIES ANTITRUST LITIGATION. This Order Relates to: All Indirect Purchaser and Direct Purchaser Actions.

ORDER RELATING ORDER ADMINISTRATIVELY TERMINATING CASES; ORDER TO SHOW CAUSE

YVONNE GONZALEZ ROGERS, District Judge.

I. ORDER RELATING CASES

Pursuant to Civil Local Rule 3-12, for good cause appearing the Court hereby RELATES the following civil cases to In re: Lithium Ion Batteries Antitrust Litigation, Case No. 13-mmd-2420 YGR:

• Tolchin, et al. v. LG Chem Ltd., Case No. 13-cv-0700 JCS
• Stromberg, et al. v. Hitachi Ltd., Case No. 13-cv-1534 JSC
• City of Palo Alto, et al. v. LG Chem, Ltd., Case No. 13-cv-2242 MEJ
• McGuire, et al. v. LG Chem, Ltd., Case No. 13-cv-0170 EDL

Pursuant to Criminal Local Rule 8-1, for good cause appearing the Court hereby RELATES the following criminal cases to In re: Lithium Ion BBatteries Antitrust Litigation, Case No. 13-md-2420 YGR:

• United States v. Sanyo Electric Co., Ltd., Case No. 13-cr-0472 JST
• United States v. LG Chem, Ltd., Case No. 13-cr-0473 RS

This Order terminates Docket Nos. 248, 261, and 267.

II. ORDER ADMINISTRATIVELY TERMINATING CASES

The Court is in receipt of the reports submitted by the Direct Purchaser Plaintiffs ("DPPs") and Indirect Purchaser Plaintiffs ("IPPs") pursuant to this Court's Order of July 19, 2013. Dkt. Nos. 246 (Order), 261 ("DPP Report"), 263 ("IPP Report"). The reports address the status of the complaints originally related to this MDL in light of the filing of the consolidated complaints for each set of purchasers. The DPP Report recommennds voluntary dismissal of 17 of the 26 direct purchaser class actions that have been brought before this Court, or, in the alternative, administrative closure of those 17 cases. DPP Report at 1. The DPP Report provides a chart listing the 17 cases. Idd., Ex. A at 3-5. The DPPs submit that the 9 Original Actions whose plaintiffs are now named plaintiffs in the MDL should remain open. See id. at 1. As for the IPP Report, it recommends administrative closure of all of the indirect purchaser actions filed before this Court, and provides an exhibit listing the cases. IPP Report at 1; id., Ex. C.

The Court hereby ORDERS the Clerk to terminate the cases referenced in the DPP Report's Exhibit A at pages 3 through 5 (attached hereto as Exhibit 1), as well as the cases referenced in the IPP Report's Exhibit C (attached hereto as Exhibit 2). Administrative termination shall have the effect ...


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