In re Flash Memory Antitrust Litigation
Filing
773
ORDER by Judge Saundra Brown Armstrong GRANTING 772 Stipulation for Dismissal with Prejudice as to Toshiba Corporation and Toshiba America Electronic Components, Inc. Pursuant to Fed. R. Civ. Proc. 41(a)(2). With Plaintiff and Toshiba Corp. and TAEC each bearing their own costs and attorneys' fees. Toshiba Corp. and TAEC shall no longer be parties to this action. Signed by Judge Saundra Brown Armstrong, on 08/30/12 (jlm, COURT STAFF) (Filed on 8/30/2012)
<![CDATA[
1
[Counsel set forth on signature page]
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
OAKLAND DIVISION
10
11
12
No. C07-00086 SBA
IN RE FLASH MEMORY ANTITRUST
LITIGATION
13
14
15
16
This document Relates to:
17
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE AS TO TOSHIBA
CORPORATION AND TOSHIBA
AMERICA ELECTRONIC
COMPONENTS, INC. PURSUANT TO
FED. R. CIV. PROC. 41(a)(2)
ALL INDIRECT PURCHASER ACTIONS
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST TOSHIBA
CORP. AND TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC. (Case No. 07-0086-SBA)
1
2
3
4
5
6
7
8
9
10
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs Keith
Alderman, Peter Burke, James Burt, California Coast Investigative Services, Anthony Cardinale,
Michael Chek, Alva Dee Cravens, Peter DeChristopher, Donna Fahner, Eric Ferguson, Donna
Jeanne Flanagan, Ina Fryer, Stuart Go, Sandra Green, Dan Harrison, Thomas Y. Huh, James
Knowles, Fred W. Krahmer, Harold Moore, Martha Mulvey, Joanne Myles, Thomas Nigro,
Carman Pellitteri, Travis Richardson, Richard Chris Rippel, Ryan Skorstad, Lynn Sweatman,
and Joseph Theisen, (collectively “Indirect-Purchaser Plaintiffs”) and defendants Toshiba
Corporation (“Toshiba Corp.”) and Toshiba America Electronic Components, Inc. (“TAEC”)
(with Indirect-Purchaser Plaintiffs, Toshiba Corp. and TAEC as, collectively, “The Stipulating
Parties”) by and through their counsel hereby stipulate as follows:
11
12
13
1.
Consolidated Class Action Complaint against Toshiba Corp. and TAEC in the above-entitled
action.1
14
15
16
2.
19
20
21
The Stipulating Parties have reached a confidential settlement of all claims
asserted by Plaintiffs against Toshiba Corp. and TAEC in the above-entitled action, in which
Toshiba Corp. and TAIS have denied any liability or wrongdoing.
17
18
On May 1, 2009, the Indirect-Purchaser Plaintiffs filed a First Amended
3.
In furtherance of the confidential settlement, the Stipulating Parties agree
that all claims asserted by Plaintiffs against Toshiba Corp. and TAEC in the above-entitled
action shall be dismissed with prejudice, with Plaintiffs and Toshiba Corp. and TAEC each
bearing their own costs and attorneys’ fees and Toshiba Corp. and TAEC shall no longer be
parties in this action.2
22
23
24
25
26
27
1
Plaintiffs Keith Alderman, James Knowles, Fred W. Krahmer, Carman Pellitteri, Ryan
Skorstad, and Lynn Sweatman, had previously filed complaints against Toshiba but were not
included as named plaintiffs in the First Consolidated Class Action Complaint.
2
The confidential settlement also includes the following plaintiffs, who dismissed their claims
with prejudice as to all defendants on April 25, 2012 (Dkt. 764): Jacob Greenwell, Sarah Hecht,
Jean McClellan-Chambers, Jamac Enterprises, Robin McEntee, Trong Nguyen, Jason Perkins,
Travis Weibe, Joshua Steele, Benjamin Northway, Lindsey Morgan, Kelly Fahner, George
Davis, Andrew Kindt, Tristen Woods, and Jai Paguirigan.
28
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST TOSHIBA
CORP. AND TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC (Case No. 07-cv-00086-SBA)
2
1
IT IS SO STIPULATED.
2
3
DATED: August 29, 2012.
COTCHETT, PITRE & McCARTHY, LLP
4
5
By:
/s/ Steven N. Williams
Steven N. Williams
6
Co-Lead Counsel for Indirect Purchaser
Plaintiffs
7
8
DATED: August 29, 2012.
ZELLE HOFMANN
VOELBEL & MASON LLP
9
10
By:
/s/ Christopher T. Micheletti
Christopher T. Micheletti
11
Co-Lead Counsel for Indirect Purchaser
Plaintiffs
12
13
DATED: August 29, 2012.
LATHAM & WATKINS
14
15
By:
/s/ Belinda Lee
Belinda Lee
16
Counsel for Defendants Toshiba
Corporation and Toshiba America
Electronic Components, Inc.
17
18
19
20
21
22
ATTESTATION PURSUANT TO GENERAL ORDER 45
Pursuant to General Order No. 45, § X(B), regarding signatures, I attest that the
concurrence in the filing of this document has been obtained from its signatories.
23
24
25
Dated: August 29, 2012
By:
/s/ Steven N. Williams
Steven N. Williams
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST TOSHIBA
CORP. AND TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC (Case No. 07-cv-00086-SBA)
3
1
2
3
4
5
6
7
8
[PROPOSED] ORDER
For the reasons set forth in the above stipulation, and good cause appearing
therefore, it is hereby ORDERED as follows:
1.
All claims asserted by Plaintiffs against Toshiba Corporation (“Toshiba
Corp.”) and Toshiba America Electronic Components, Inc. (“TAEC”) in the above-entitled
action or any of its associated actions are hereby DISMISSED WITH PREJUDICE, with
Plaintiffs and Toshiba Corp. and TAEC each bearing their own costs and attorneys’ fees.
2.
Toshiba Corp. and TAEC shall no longer be parties in this action.
9
10
IT IS SO ORDERED.
11
12
13
14
DATED: 8/30/12
_______________________________
Saundra Brown Armstrong
United States District Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST TOSHIBA
CORP. AND TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC (Case No. 07-cv-00086-SBA)
4
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
