In re: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION. This Document Relates to: DIRECT PURCHASER ACTION CLASS MDL No. 1917
SAVERI & SAVERI, INC. GUIDO SAVERI (Bar No. 22349) R. ALEXANDER SAVERI (Bar No. 173102) CADIO ZIRPOLI (Bar No. 179108) San Francisco, California, Interim Lead Counsel for the Direct Purchaser Plaintiffs Class.
KIRKLAND & ELLIS LLP Eliot A. Adelson (State Bar No. 205284) James Maxwell Cooper (State Bar No. 284054) San Francisco, CA, KIRKLAND & ELLIS LLP James H. Mutchnik, P.C. Kate Wheaton Chicago, Illinois, Attorneys for Defendants Hitachi, Ltd., Hitachi Displays, Ltd. (n/k/a Japan Display Inc.), Hitachi Asia, Ltd., Hitachi America, Ltd., and Hitachi Electronic Devices (USA), Inc.
STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT NOTICE
SAMUEL CONTI, District Judge.
WHEREAS, on January 8, 2014, this Court entered its Order Granting Class Certification and Preliminary Approval of Class Action Settlement with the Hitachi Defendants (Dkt. No. 2311) ("Hitachi Preliminary Approval Order"), which granted certification of a Direct Purchaser Plaintiff ("DPP") class and preliminary approval of DPPs' settlement with Hitachi, Ltd., Hitachi Displays, Ltd. (n/k/a Japan Display Inc.), Hitachi Asia, Ltd., Hitachi America, Ltd., and Hitachi Electronic Devices (USA), Inc. (collectively "Hitachi");
WHEREAS, the Hitachi Preliminary Approval Order set deadlines for, inter alia, notice of the settlement to the class, objections, and requests for exclusions;
WHEREAS, DPPs have recently reached a settlement with Samsung SDI Co. Ltd. (f/k/a Samsung Display Devices Co., Ltd.); Samsung SDI America, Inc.; Samsung SDI Brasil, Ltd.; (4) Tianjin Samsung SDI Co., Ltd.; Samsung Shenzhen SDI Co., Ltd.; SDI Malaysia Sdn. Bhd.; and SDI Mexico S.A. de C.V. (collectively, "Samsung SDI");
WHEREAS, the Settlement Agreement with Hitachi (which has been preliminarily approved by this Court) states in paragraph 19(b) that "If Lead Counsel enters into any other settlements on behalf of the Class before notice of this Agreement is given to the Class, Lead Counsel shall use its reasonable best efforts to provide a single notice to prospective Class members of all of the settlements";
WHEREAS, all parties believe it would further judicial efficiency and would save the class a significant amount of money to provide notice of both settlements in a single notice, and proceed on a joint briefing and hearing schedule;
IT IS HEREBY STIPULATED AND AGREED by and between counsel for the DPPs and counsel for Hitachi in the above-captioned actions, as follows:
(1) All deadlines set forth in the Hitachi Preliminary Approval Order are vacated; and
(2) DPPs and Samsung SDI will move for preliminary approval of the settlement between DPPs and Samsung SDI at the earliest practical time, at which time a joint schedule for both the Hitachi and Samsung SDI settlements can be set.
The undersigned Parties jointly and respectfully request that the Court enter this ...