MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation, No. 3:2007cv05944 - Document 3906 (N.D. Cal. 2015)
Court Description: ORDER GRANTING (3875 in 3:07-cv-05944-SC) (26 in 3:13-cv-03234-SC) Amended MOTION for Preliminary Approval of Indirect Purchaser Plaintiffs to Include Additional Settlements. Fairness Hearing set for 11/13/2015 10:00 AM. Signed by Judge Samuel Conti on July 9, 2015. (sclc2, COURT STAFF) (Filed on 7/9/2015)
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MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation Doc. 3906 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 IN RE: CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION 14 Master File No. CV-07-5944 SC; No. CV-13-03234-SC MDL No. 1917 15 [PROPOSED] AMENDED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS WITH THE PHILIPS, PANASONIC, HITACHI, TOSHIBA, SAMSUNG SDI, THOMSON AND TDA DEFENDANTS 16 17 18 19 20 21 This document relates to: 22 ALL INDIRECT PURCHASER ACTIONS; 23 Courtroom: One, 17th Floor Judge: Honorable Samuel Conti Luscher et al. v. Videocon Industries Limited, et al. 24 25 26 27 28 [PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC Dockets.Justia.com 1 It is hereby ORDERED AND DECREED as follows: 2 The motion of the Indirect Purchaser Plaintiffs (“Plaintiffs”) for preliminary approval of 3 the Proposed Settlements with the Philips, Panasonic, Hitachi, Toshiba, Samsung SDI, Thomson 4 and TDA Defendants (as identified in each of their respective Settlement Agreements and 5 inclusive of named related entities) (collectively “Settling Defendants”) is hereby GRANTED. 6 1. The Proposed Settlements with the Settling Defendants are preliminarily 7 approved, subject to a final approval hearing of the Proposed Settlements (the “Fairness 8 Hearing”). 2. 9 For purposes of the Settlements with Settling Defendants, the Court preliminarily 10 finds that the requirements of Rule 23 of the Federal Rules of Civil Procedure have been satisfied 11 with respect to the Settlement Class. At this preliminary certification phase, and only for 12 purposes of the settlements with Settling Defendants, the Settlement Class is defined as follows: 13 NATIONWIDE CLASS: 14 All persons and or entities who or which indirectly purchased in the United States for their own use and not for resale, CRT Products1 manufactured and/or sold by the Defendants, or any subsidiary, affiliate, or alleged co-conspirator thereof, at any time during the period from March 1, 1995 through November 25, 2007. Specifically excluded from this Class are claims on behalf of Illinois persons (as defined by 740 ILCS 10/4) for purposes of claims under 740 Ill. Comp. Stat § 10/7(2), Oregon natural persons (as defined by ORS 646.705 (2)) for purposes of claims under ORS § 646.775(1), and Washington persons (as defined by RCW 19.86.080) for purposes of claims under RCW 19.86.080 (1). Also specifically excluded from this Class are the Defendants; the officers, directors or employees of any Defendant; any entity in which any Defendant has a controlling interest; and, any affiliate, legal representative, heir or assign of any Defendant. Also excluded are named co-conspirators, any federal, state or local government entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, and any juror assigned to this action. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CRT Products are defined in the Settlement Agreements to mean Cathode Ray Tubes of any type (e.g. color display tubes, color picture tubes and monochrome display tubes) and products containing Cathode Ray Tubes. -1[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC 1 INDIRECT PURCHASER STATE CLASSES: 2 All persons and or entities in Arizona, California, District of Columbia, Florida, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Vermont, West Virginia, and Wisconsin who or which indirectly purchased for their own use and not for resale, CRT Products manufactured and/or sold by the Defendants, or any subsidiary, affiliate, or alleged co-conspirator thereof, at any time during the period from at least March 1, 1995 through November 25, 2007. 3 4 5 6 7 8 All persons and entities in Hawaii who or which indirectly purchased for their own use and not for resale CRT Products manufactured and/or sold by the Defendants, or any subsidiary, affiliate, or alleged co-conspirator thereof, at any time from June 25, 2002 through November 25, 2007. 9 10 11 All persons and entities in Nebraska who or which indirectly purchased for their own use and not for resale CRT Products manufactured and/or sold by the Defendants, or any subsidiary, affiliate, or alleged co-conspirator thereof, at any time from July 20, 2002 through November 25, 2007. 12 13 14 All persons and entities in Nevada who or which indirectly purchased for their own use and not for resale CRT Products manufactured and/or sold by the Defendants, or any subsidiary, affiliate, or alleged co-conspirator thereof, at any time from February 4, 1999 through November 25, 2007. 15 16 17 18 19 Specifically excluded from these Classes are the Defendants; the officers, directors or employees of any Defendant; any entity in which any Defendant has a controlling interest; and, any affiliate, legal representative, heir or assign of any Defendant. Also excluded are named co-conspirators, any federal, state or local government entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, and any juror assigned to this action. 20 3. The Court concludes that, for the sole purpose of the Proposed Settlements with 21 Settling Defendants, and without adjudication on the merits, the Settlement Class is sufficiently 22 well-defined and cohesive to merit preliminary approval. 23 4. Pursuant to Rule 23(a) (1), the Court determines that the Settlement Class is so 24 numerous that joinder of all members is impracticable. 25 5. For purposes of preliminary approval, the commonality requirement of Rule 26 23(a)(2) is satisfied because Plaintiffs have alleged one or more questions of fact and law 27 common to the Settlement Class, including whether Settling Defendants violated the Sherman 28 -2[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC 1 Antitrust Act, 15 U.S.C. § 1, et seq., and the antitrust and/or various other laws of the following 2 states: Arizona, California, Florida, Hawaii, Iowa, Kansas, Maine, Michigan, Minnesota, 3 Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, South 4 Dakota, Tennessee, Vermont, West Virginia, Wisconsin and the District of Columbia. 5 6. Pursuant to Rule 23(a)(3), the Court hereby appoints as Representative Plaintiffs 6 of the Settlement Class all of the individuals identified in the Court’s class certification order 7 (Dkt. No. 1950) and the Interim Special Master’s Report and Recommendation (Dkt. No. 1742), 8 incorporated herein by reference, and finds that, for settlement purposes only, these 9 Representative Plaintiffs’ claims are typical of the claims of the Settlement Class. The claims of 10 the Representative Plaintiffs and absent class members rely on the same legal theories and arise 11 from the same alleged conspiratorial conduct by Defendants, namely, the agreement to fix, raise, 12 maintain and/or stabilize prices of CRTs sold in the United States. 13 7. The Court preliminarily finds that the Representative Plaintiffs will fairly and 14 adequately protect the interests of the Settlement Class in satisfaction of the requirements of Rule 15 23(a)(4) because: (1) the interests of the Representative Plaintiffs are consistent with those of the 16 Settlement Class members; (2) there appear to be no conflicts between or among the 17 Representative Plaintiffs and the other Settlement Class members; (3) the Representative 18 Plaintiffs have been and appear to be capable of continuing to be active participants in both the 19 prosecution and the settlement of this litigation; and (4) the Representative Plaintiffs and the 20 Settlement Class members are represented by qualified, reputable counsel who are experienced in 21 preparing and prosecuting large, complicated class action cases, including those concerning 22 violations of antitrust law. 23 8. The Court preliminarily finds that, for purposes of these Settlements only, 24 questions of law or fact common to members of the Settlement Class predominate over questions 25 affecting only individual members of the Settlement Class under Rule 23(b)(3). Further, a class 26 action resolution in the manner proposed in the Proposed Settlements would be superior to other 27 available methods for a fair and efficient adjudication of the litigation with respect to Settling 28 Defendants. In making these preliminary findings, the Court has considered, inter alia, (1) the -3[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC 1 interest of the Settlement Class members in individually controlling the prosecution or defense of 2 separate actions; (2) the impracticality or inefficiency of prosecuting or defending separate 3 actions; (3) the extent and nature of any litigation concerning these claims already commenced; 4 and (4) the desirability of concentrating the litigation of the claims in a particular forum. 5 9. The Court hereby approves Mario N. Alioto and Trump, Alioto, Trump & 6 Prescott, LLP as Settlement Class Counsel pursuant to Rule 23(g), and finds that this Settlement 7 Class Counsel has and will fairly and adequately protect the interests of the Settlement Class. 8 10. The Court finds that the Proposed Settlements fall within the range of possible 9 final approval. The Court further finds that there is a sufficient basis for notifying class members 10 of the Proposed Settlements, and enjoining class members from continuing this litigation against 11 Settling Defendants pending the conclusion of the Fairness Hearing. 12 13 14 11. The Notice Company, Inc. is approved to serve as Settlement Administrator for the Indirect Purchaser Settlement Class. 12. The Court approves the form and content of the Detailed Notice, the Summary 15 Notice and the Email Notice, substantially in the form attached hereto as Exhibits A-C, 16 respectively. 17 13. The Court finds that notice by publication in various national newspapers, 18 magazines and on the internet, together with direct mail and email notice to potential Class 19 Members, as described in the Declaration of Joseph Fisher filed concurrently with the motion for 20 preliminary approval, constitutes the best notice practicable under the circumstances, is due and 21 sufficient notice to the Indirect Purchaser Settlement Class and complies fully with the 22 requirements of Federal Rule of Civil Procedure 23 and the due process requirements of the 23 Constitution of the United States. 24 14. The Court preliminarily approves the plan of distribution proposed by the 25 Plaintiffs in the motion for preliminary approval and approves the proposed claim form 26 substantially in the form attached hereto as Exhibit D. 27 28 15. Within thirty (30) days from the date of this Order, Settlement Class Counsel is hereby directed to cause the Summary Notice to indirect purchasers, to be published according to -4[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC 1 the Notice Plan described in the Declaration of Joseph Fisher, filed concurrently with the motion 2 for preliminary approval. The Summary Notice shall direct interested parties to a website, 3 www.CRTclaims.com, maintained by the Settlement Administrator, where the Detailed Notice 4 will be provided. 5 16. All requests for exclusion from the Settlement Class must be postmarked no later 6 than sixty (60) days from the date of publication of notice, and must otherwise comply with the 7 requirements set forth in the Detailed Notice. 8 17. Any class member who does not properly and timely request exclusion from the 9 Proposed Settlements shall, upon final approval of the Proposed Settlements, be bound by the 10 terms and provisions of the Proposed Settlements so approved, including but not limited to the 11 releases, waiver and covenants described in the Proposed Settlements, whether or not such person 12 or entity objected to the Proposed Settlements and whether or not such person or entity makes a 13 claim against the Settlement Fund. 14 18. Any member of the Settlement Class who objects to the Proposed Settlements 15 must do so in writing. The objection must include the caption of this case, be signed, and be 16 submitted to the Court (either by mail or by filing it with the Court) no later than sixty (60) days 17 from the date of publication of notice, and shall otherwise comply with the requirements set forth 18 in the Detailed Notice, including submission of proof of membership in the class. Failure to 19 timely submit a written objection in accordance with the requirements in the Detailed Notice will 20 preclude a class member from objecting to the Proposed Settlements. 21 22 23 19. The Notices shall inform putative members of the Settlement Classes that the deadline for the submission of Claim Forms is 120 days from the Notice Publication Date. 20. Any member of the Settlement Class who wishes to speak at the Fairness Hearing 24 must submit a “Notice of Intent to Appear in In re Cathode Ray Tube (CRT) Antitrust Litigation, 25 MDL No. 1917” to the Court no later than sixty (60) days from the date of publication of notice, 26 and shall otherwise comply with the requirements set forth in the Detailed Notice. 27 28 21. 10:00 The Court will hold a Fairness Hearing on ____________ ___, 2015 at _________ November 13 a ___.m., to determine the fairness, reasonableness, and adequacy of the Proposed Settlements with -5[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC 1 Settling Defendants. Any member of the Settlement Class who follows the procedure set forth in 2 the notices may appear and be heard at this hearing. The Fairness Hearing may be continued 3 without further notice to the Settlement Class. 4 22. All briefs, memoranda and papers in support of final approval of the Proposed 5 Settlements, including an affidavit or declaration of the person under whose general direction the 6 publication of the Summary Notice and the Detailed Notice were made, showing that publication 7 was made in accordance with this Order, shall be filed no later than twenty-one (21) days before 8 the Fairness Hearing and shall be posted on the internet at www.CRTclaims.com. Any briefs, 9 memoranda and papers in support of a request for attorneys’ fees or reimbursement of litigation 10 expenses shall be filed not later than fourteen (14) days before objections to the Proposed 11 Settlements are due, and shall be posted on the internet at www.CRTclaims.com. 12 13 14 23. The total attorney fee request for all Plaintiffs’ counsel in this litigation shall not exceed one-third of the combined Settlement Fund of $576,750,000. 24. The Court approves the establishment of an escrow account, as set forth in the 15 Proposed Settlements, as “Qualified Settlement Funds” pursuant to Treas. Reg. § 1.468B 2(1). 16 The Court retains continuing jurisdiction over any issues regarding the formation or 17 administration of the escrow account. Settlement Class Counsel and his designees are authorized 18 to expend funds from the escrow accounts to pay Taxes, Tax Expenses and notice and 19 administration costs, as set forth in the Proposed Settlements. 20 25. The Court grants Plaintiffs’ Counsel the right to use the Settlement Fund for 21 payment of the cost of notice(s) to potential members of the Settlement Class regarding the 22 Proposed Settlements and related matters, without the approval of the Court in each instance, so 23 long as (a) the expenses incurred or contracted for are reasonable and necessary to carry out the 24 transactions contemplated by the Proposed Settlements, and (b) counsel for Settling Defendants 25 shall receive from Settlement Class Counsel a full accounting of all expenditures made in the 26 event funds are returned to Settling Defendants under the terms of the Proposed Settlements. 27 28 -6[PROPOSED] AMENDED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL Master File No. CV-07-5944-SC EXHIBIT A WHAT THIS NOTICE CONTAINS BASIC INFORMATION ........................................................................................................................ 1. What is this Notice about? 2. What is a Cathode Ray Tube (“CRT”)? 3. What is a CRT Product? 4. What is the lawsuit about? 5. What is a class action? Page 3 WHO IS INCLUDED IN THE LAWSUIT .............................................................................................. 6. Who are the Defendant companies? 7. How do I know if I am in the Settlement Class? Page 5 THE SETTLEMENTS’ BENEFITS ....................................................................................................... 8. What do the Settlements provide? 9. How much money can I get? 10. When will I get a payment? Page 7 HOW TO GET A PAYMENT ................................................................................................................. 11. How can I get a payment? Page 8 RIGHT TO EXCLUDE YOURSELF ....................................................................................................... 12. Who has the right to be excluded? 13. How do I exclude myself from the Settlement Class? Page 8 REMAINING IN THE SETTLEMENT CLASS ................................................................................. 14. What am I giving up if I remain a member of the Settlement Class? Page 9 THE LAWYERS REPRESENTING YOU .............................................................................................. 15. Do I have a lawyer representing me? 16. How will the lawyers be paid? Page 9 OBJECTING OR COMMENTING ON THE NEW SETTLEMENTS, PLAN OF DISTRIBUTION, ATTORNEYS’ FEES, LITIGATION EXPENSES, AND AWARDS ................................................................................................... How do I object or comment on the Settlements? Page 10 THE FAIRNESS HEARING ................................................................................................................. 18. When and where will the Court consider the New Settlements, the plan of distribution, request for attorneys’ fees, litigation expenses and awards to Class Representatives? 19. Do I have to come to the hearing? 20. May I speak at the hearing? Page 10 GET MORE INFORMATION ............................................................................................................ 21. Where can I get more information? Page 11 TO CLASS REPRESENTATIVES 17. 2 VISIT www.CRTclaims.com OR CALL TOLL FREE 1-800-xxx-xxxx PARA UNA NOTIFICACIÓN EN ESPAÑOL, VISITAR NUESTRO WEBSITE O LLAMAR EXHIBIT B If You Bought Televisions, Computer Monitors Class action settlements have been reached involving Cathode Ray Tubes (“CRTs”), a display device that was sold by itself or as the main component in TVs and computer monitors. The lawsuit claims that the Defendants fixed the prices of CRTs causing consumers to pay more for CRTs and products containing CRTs, such as TVs and computer monitors (collectively “CRT Products”). The Defendants deny Plaintiffs’ allegations. Who is included in the Settlements? Individuals and businesses that: Purchased a CRT or a product containing a CRT, such as a TV or computer monitor, in the United States (except Illinois, Washington and Oregon) between March 1, 1995 and November 25, 2007; For their own use and not for resale. Purchases made directly from a defendant or alleged co conspirator are not included (see the list of defendants and alleged co conspirators at www.CRTclaims.com or by calling 1 800 xxx xxxx). or Other Products Containing Cathode Ray Tubes What do the Settlements provide? There are seven new Settlements totaling $541.75 million. Together with the two previously approved settlements, the Settlement Fund is $576.75 million. Only individuals and businesses who purchased CRT Products in AZ, CA, FL, HI, IA, KS, ME, MI, MN, MS, NE, NV, NM, NY, NC, ND, SD, TN, VT, WV, WI, or the District of Columbia, are eligible to file a claim for money. HI, NE and NV have shorter claims periods. The purchase must have been made in one of the foregoing states, but you do not have to be a resident of one of these states. The Settlements release the injunctive relief claims of purchasers of CRT Products nationwide. The amount of money you will receive depends on the type and quantity of CRT Products you purchased and the total number of claims made. Eligible individuals and businesses are expected to get a minimum payment of $25. Large purchasers could recover many thousands of dollars. Get Money from $576.75 Million in Settlements How can I get a payment? Claim online or by mail by XXXX xx, 2015. The simple online Claim Form only takes 3 5 minutes for most individuals. What are my rights? Simple Online Claim Form Takes 3 5 Minutes If you do nothing you will be bound by the Court’s decisions. If you want to keep your right to sue the Defendants, you must exclude yourself from the Settlement Class by XXXX xx, 2015. If you stay in the Settlement Class, you may object to the Settlements by XXXX xx, 2015. The Court will hold a hearing on XXXX xx, 2015 at xx:xx a.m. to consider whether to approve the Settlements and a request for attorneys’ fees plus reimbursement of litigation expenses and awards to Class Representatives. The total attorney fee request for all Plaintiffs’ counsel shall not exceed one third of the $576.75 million Settlement Fund. The hearing date may change so please check the website. You or your own lawyer may appear and speak at the hearing at your own expense. For More Information: 1 800 xxx xxxx www.CRTclaims.com Text: “CRTclaims” to XXXXX (text messaging rates may apply) PLEASE DO NOT CONTACT THE COURT EXHIBIT C Email Notice Subject: Important Legal Notice - You Could Get Money from a Settlement Involving TVs and Computer Monitors A Federal Court authorized this notice. This is not a solicitation from a lawyer. If You Bought Televisions, Computer Monitors, or Other Products Containing Cathode Ray Tubes, You Could Get Money from Settlements Totaling $576.75 Million. A Simple Online Claim Form and more detailed notice of the Settlements is available online at www.CRTclaims.com <active link> or by calling toll-free at 1-800-xxx-xxxx. Please read the notice carefully. Your legal rights may be affected whether or not you act. > The deadline to submit a Claim Form is ________, 2015. > The deadline to object is ________, 2015. > The deadline to exclude yourself is ________, 2015. Only individuals and businesses who purchased CRT Products in AZ, CA, FL, HI, IA, KS, ME, MI, MN, MS, NE, NV, NM, NY, NC, ND, SD, TN, VT, WV, WI, or the District of Columbia, are eligible to file a claim for money. Be sure to check your eligibility by going to www.CRTclaims.com <active link>. CRT Claims Administrator c/o The Notice Company P.O. Box 778 Hingham, MA 02043 1-800-xxx-xxxx www.CRTclaims.com --------------- End of Email Notice --------------[Note: In order to increase the chances that an email message will be delivered to and opened by the intended recipients, neither the Detailed Notice nor the Summary Notice will be attached to the email. Some email recipients will automatically delete, without opening, emails containing attachments if the sender is unknown. In addition, various email servers have implemented the following bounce feature: “Mail Block - Attachment Detected (MBAD)”, which indicates that the recipient’s email server will block an email because the message contains an attachment. This may be reported as “552 Disapproved attachment.”] EXHIBIT D Page 4 of 4
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