MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation, No. 3:2007cv05944 - Document 4717 (N.D. Cal. 2016)
Court Description: FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS re 4714 Proposed Order filed by Indirect Purchaser Plaintiffs. Signed by Judge Jon S. Tigar on July 14, 2016. (wsn, COURT STAFF) (Filed on 7/14/2016)
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MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation Doc. 4717 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION Master File No. CV-07-5944-JST MDL No. 1917 14 15 This Document Relates to: 16 All Indirect Purchaser Actions 17 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS 18 Judge: Honorable Jon S. Tigar 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS Master File No. CV-07-5944-JST Dockets.Justia.com This matter has come before the Court to determine whether there is any cause why this 1 2 Court should not approve the settlements with the Philips,1 Panasonic,2 Hitachi,3 Toshiba,4 Samsung 3 SDI,5 Thomson,6 and TDA7 Defendants (collectively “Settling Defendants”) set forth in the 4 respective settlement agreements (“Settlements”) relating to the above-captioned litigation, In re 5 Cathode Ray Tube (CRT) Antitrust Litigation, Case No.3:07-cv-05944 JST, MDL No. 1917 (N.D. 6 Cal.) (“Action”). The Court after carefully considering all papers filed and proceedings held herein 7 and otherwise being fully informed in the premises, has determined that: (1) the Settlements should 8 be approved; and (2) there is no just reason for delay of the entry of this final Judgment approving 9 the Settlements. Accordingly, the Court directs entry of Judgment which shall constitute a final 10 adjudication of this case on the merits as to the parties to the Settlements. Good cause appearing 11 therefor, it is: 12 ORDERED, ADJUDGED AND DECREED THAT: 13 14 15 16 17 18 1 “Philips” includes Koninklijke Philips N.V. (f/k/a Koninklijke Philips Electronics N.V.), Philips Electronics North America Corporation, Philips Taiwan Limited (f/k/a Philips Electronics Industries (Taiwan), Ltd.), and Philips do Brasil Ltda. (f/k/a Philips da Amazonia Industria Electronica Ltda.). The agreement was reached on January 26, 2015. See ECF No. 3862-1. 2 19 20 21 22 23 “Panasonic” includes Panasonic Corporation (f/k/a Matsushita Electric Industrial Co., Ltd.), Panasonic Corporation of North America, and MT Picture Display Co., Ltd. The agreement was reached on January 28, 2015. See ECF No. 3862-2. 3 “Hitachi” includes Hitachi, Ltd., Hitachi Asia, Ltd., Hitachi America, Ltd., Hitachi Electronic Devices (USA), Inc., and Hitachi Displays, Ltd. (n/k/a Japan Display Inc.). The agreement was reached on February 19, 2015. See ECF No. 3862-3. 4 “Toshiba” includes Toshiba Corporation, Toshiba America, Inc., Toshiba America Information Systems, Inc., Toshiba America Consumer Products, L.L.C., and Toshiba America Electronic Components, Inc. The agreement was reached on March 6, 2015. See ECF No. 3862-4. 5 24 25 26 27 “Samsung SDI” includes Samsung SDI Co. Ltd., Samsung SDI America, Inc., Samsung SDI Brasil, Ltd., Tianjin Samsung SDI Co. Ltd., Shenzhen Samsung SDI Co., Ltd., SDI Malaysia Sdn. Bhd., and SDI Mexico S.A. de C.V. The agreement was reached on April 1, 2015. See ECF No. 3862-5. 6 “Thomson” includes Technicolor SA (f/k/a Thomson SA) and Technicolor USA, Inc. (f/k/a Thomson Consumer Electronics, Inc). The agreement was reached on June 10, 2015. See ECF No. 3876-1. 7 28 “TDA” refers to Technologies Displays Americas LLC (f/k/a Thomson Americas LLC). The agreement was reached on June 10, 2015. See ECF No. 3876-1. 1 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS Master File No. CV-07-5944-JST 1 1. The Court has jurisdiction over the subject matter of this litigation, and all actions 2 within this litigation and over the parties to the Settlements, including all members of the Class and 3 the Settling Defendants. 4 5 6 2. The definitions of terms set forth in the Settlements are incorporated hereby as though fully set forth in this Judgment. 3. The Court hereby finally approves and confirms the settlements set forth in the 7 Settlements and finds that said settlements are, in all respects, fair, reasonable and adequate to the 8 Class pursuant to Rule 23 of the Federal Rules of Civil Procedure and all applicable state laws. 9 4. The persons/entities set out in Exhibit 1, attached hereto, have timely and validly 10 requested exclusion from the Class and, therefore, are excluded. Such persons/entities are not 11 included in or bound by this Final Judgment. Such persons/entities are not entitled to any recovery 12 from the settlement proceeds obtained through the Settlements. 13 5. The Court hereby dismisses on the merits and with prejudice the claims asserted by 14 the Plaintiffs against the Settling Defendants, which were certified as a settlement class in the 15 Court’s Order Granting Final Approval of the Settlements (ECF No. 4712), with Plaintiffs and 16 Settling Defendants to bear their own costs and attorneys’ fees except as provided for in the 17 Settlements. 18 6. All persons and entities who are defined in the Settlements as Releasors are hereby 19 barred and enjoined from commencing, prosecuting, or continuing any claims, demands, actions, 20 suits, or causes of action, or otherwise seeking to establish liability, against Settling Defendants 21 (“Releasees”) based, in whole or in part, upon any of the Released Claims or conduct at issue in the 22 Released Claims. 23 7. Releasees are hereby and forever released and discharged with respect to any and all 24 claims, demands, actions, suits, or causes of action which the Releasors had or have arising out of or 25 related to any of the Released Claims. 26 8. The notice given to the Class of the settlements set forth in the Settlements and other 27 matters set forth therein was the best notice practicable under the circumstances. Said notice 28 provided due and adequate notice of the proceedings and of the matters set forth therein, including 2 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS Master File No. CV-07-5944-JST 1 the proposed settlements set forth in the Settlements, to all persons entitled to such notice, and said 2 notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the 3 requirements of due process, and all applicable state laws. 9. 4 Eleven objections to the Settlements were filed by 22 objectors. The objections are 5 hereby overruled for the reasons set forth in the Court’s Order Granting Final Approval of Indirect 6 Purchaser Settlements, ECF No. 4712. 10. 7 Without affecting the finality of this Judgment in any way, this Court hereby retains 8 continuing and exclusive jurisdiction over: (a) implementation of these settlements and any 9 distribution to Class Members pursuant to further orders of this Court; (b) disposition of the 10 Settlement Fund; (c) hearing and determining applications by Plaintiffs’ Class Counsel for 11 attorneys’ fees, costs, expenses, including expert fees and costs, and other such items; (d) the Class 12 Action until the final judgments contemplated hereby have become effective and each and every act 13 agreed to be performed by the parties all have been performed pursuant to the Settlements; and (e) 14 all parties to the Class Action and Releasees for the purpose of enforcing and administering the 15 Settlements and the mutual releases and other documents contemplated by, or executed in 16 connection with, the Settlements. 11. 17 In the event that any of the settlements do not become effective in accordance with 18 the terms of that Settlement, then the judgment as to that Settling Defendant shall be rendered null 19 and void and shall be vacated, and in such event, all orders entered and releases delivered in 20 connection herewith shall be null and void and, except as otherwise provided in the Settlement, the 21 parties shall be returned to their respective positions ex ante. 12. 22 The Court determines, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil 23 Procedure, that this Final Judgment should be entered and further finds that there is no just reason 24 for delay in the entry of this Judgment, as a Final Judgment, as to the parties to the Settlements. 25 Accordingly, the Clerk is hereby directed to enter Judgment forthwith. 26 // 27 // 28 3 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS Master File No. CV-07-5944-JST 3 DERED SO OR Hon. Jon S. Tigar IT IS R NIA Dated: July 14, 2016 UNIT ED 2 S IT IS SO ORDERED. RT U O 1 S DISTRICT TE C TA United States District Judge 4 FO LI ER S . Ti ga r A H 7 n J u d ge J o RT 6 NO 5 N F D IS T IC T O R C 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON, AND TDA DEFENDANTS Master File No. CV-07-5944-JST EXHIBIT 1
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