State of Oregon v. AU Optronics Corporation et al, No. 3:2010cv04346 - Document 199 (N.D. Cal. 2015)
Court Description: ORDER GRANTING APPROVAL OF PLAINTIFF STATE OF OREGON'S SETTLEMENTS WITH ALL DEFENDANTS 191 (Illston, Susan) (Filed on 10/30/2015)
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1 2 3 4 5 6 7 8 9 Michael E. Haglund, OSB No. 772030 email: mhaglund@hk-law.com Michael K. Kelley, OSB No. 853782 email: Kelley@hk-law.com HAGLUND KELLEY LLP 200 SW Market Street, Suite 1777 Portland, Oregon 97201 Phone: (503) 225-1257 Special Assistant Attorneys General for Plaintiff Tim D. Nord, OSB No. 882800 email: Tim.D.Nord@doj.state.or.us Special Counsel Department of Justice 1162 Court Street NE Salem, Oregon 97301-4096 Telephone: (503) 934-4400 Fax: (503) 378-5017 10 11 Attorneys for Plaintiff State of Oregon 12 13 IN THE UNITED STATED DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) 14 15 16 IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION 17 18 This Document Relates to Individual Case No. 3:10-cv-4346 SI 19 20 STATE OF OREGON, ex rel Ellen F. Rosenblum, Attorney General, 21 Plaintiff, v. 22 23 AU OPTRONICS CORPORATION, et al., Case No. Master File No. 3:07-md-1827 SI Case No. 3:10-4346 SI [PROPOSED] ORDER GRANTING APPROVAL OF PLAINTIFF STATE OF OREGON’S SETTLEMENTS WITH ALL DEFENDANTS Hearing Date: October 30, 2015 Time: 9:00 A.M. Courtroom: 10 The Honorable Susan Y. Illston 24 Defendants. 25 26 /// PAGE 1 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 The Oregon Attorney General has brought before this Court three matters for 2 review and approval: (1) nine separate proposed settlement agreements (“Proposed 3 Settlements”) which the Oregon Attorney General believes are reasonable and in the best 4 interests of Oregon and its citizens; (2) a proposed plan for providing notice of these 5 settlements (“Notice Plan”) to Oregon political subdivisions and natural persons that 6 7 8 indirectly purchased TFT-LCD panels during the period 2002 through 2006 which were incorporated into monitors, laptop computers, and televisions (“LCD Products”) sold in 9 Oregon; and (3) a proposed plan for distribution of the settlement proceeds which 10 together with the Notice Plan afford Oregon political subdivisions and natural persons 11 “[A] reasonable opportunity to secure an appropriate portion of net monetary relief.” 12 13 ORS 646.780(5)(a). The Proposed Settlements presented by the Oregon Attorney General are with the 14 15 Chi Mei, Hitachi Displays, Sharp, Samsung, Epson, LG Display, AUO, Toshiba, and 16 HannStar defendants (as identified in the Proposed Settlements, and inclusive of related 17 entities identified in the Proposed Settlements) (collectively “Defendants”). The Court 18 has reviewed the Proposed Settlements and the State of Oregon’s Notice of Motion and 19 Motion for Approval of Settlements (“Motion for Approval”) and supporting 20 declarations. After carefully considering all papers filed and proceedings held herein 21 and otherwise being fully informed in the premises: 22 23 NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 24 1. The Proposed Settlements are approved pursuant to ORS 646.775(3). 25 2. The Court finds that the terms of the Proposed Settlements fall within the range 26 of reasonableness for approval. PAGE 2 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 3. The Court finds that the notice by publication, as proposed by Oregon, would not 2 deny due process of law to any natural person or political subdivision, and 3 constitutes valid, due, and sufficient notice. The Court finds that the proposed 4 Notice Plan and forms of notice comport with the due process of law and are 5 proper under 646.775(2) and (3). 6 7 4. Within 15 days of this Order, the Oregon Attorney General is directed to cause the summary notice substantially in the form of the Notice of Settlement attached 8 9 as the first page to Exhibit A to the Declaration of Tim D. Nord dated September 10 24, 2015 (“Nord Declaration”) and filed with this Court to be published as 11 described in the Notice Plan. The Oregon Attorney General is further ordered to 12 post the summary notice along with the long form notice (which together are 13 Exhibit A to the Nord Declaration) on the Oregon Attorney General’s website. 14 15 5. Within 15 days of this Order, the Oregon Attorney General is directed to mail 16 Oregon political subdivisions summary notice substantially in the form of the 17 Notice of Settlement attached as the first page to Exhibit A of the Nord 18 Declaration. 19 20 6. The Court finds that ORS 646.775(2)(b) provides that any natural person or Oregon political subdivision on whose behalf the Oregon Attorney General 21 brings a parens patriae action pursuant to ORS 646.775(1)(a) must have the 22 23 opportunity to exclude themselves from the Proposed Settlements. Any natural 24 persons or Oregon political subdivisions may exercise their right to be excluded 25 from the Proposed Settlements by mailing an election of exclusion no later than 26 60 days after commencement of the Notice Plan to the appropriate address PAGE 3 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 identified in Exhibit A to the Nord Declaration. Any election of exclusion must 2 be in writing, set forth the name, address, and telephone number of the person or 3 entity that wishes to be excluded, and must be signed by the person or entity 4 seeking exclusion. Any natural person or Oregon political subdivision that does 5 not properly and timely elect exclusion shall be bound by the terms and 6 7 8 provisions of the Proposed Settlements so approved following entry of final judgments of dismissal. Such terms and provisions shall include, but are not 9 limited to, the releases, waivers, and covenants described in the Proposed 10 Settlements whether or not such person or entity makes a claim against the 11 settlement funds. 12 13 7. Pursuant to the Proposed Settlements, as provided in language included in each of the Proposed Settlements, no later than 15 days after the last date for mailing 14 15 an election of exclusion, the State of Oregon shall provide to the respective 16 Defendants calculations showing whether exclusions were sufficient in number 17 to trigger Defendants’ option to rescind their respective settlement agreements. 18 In addition, the State of Oregon is required within this same time period to 19 provide each of the Defendants with a complete list of those political 20 subdivisions and natural persons that elected exclusion. In the event one or more 21 of the settlement agreements does not become effective in accordance with the 22 23 24 terms of one or more of the settlement agreements, this order shall be null and void as to that settlement agreement. 25 26 PAGE 4 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 8. The Oregon Attorney General’s motion for attorney fees, investigative and 2 expert costs, and reimbursement of discovery costs to respective Oregon entities 3 shall be filed no later than December 18, 2015. 4 5 9. Oregon Attorney General shall be allowed to remove from the settlement funds held at U.S. Bank up to $815,000 to be held in trust and which may be drawn 6 7 8 against to pay for administrative, notice and claims processing expenses as contemplated by the Proposed Settlements. 9 10. The Court finds the preliminary plan of distribution set out in the Motion for 10 Approval, together with the Oregon Attorney General’s Notice Plan, meet the 11 requirement of ORS 646.775(5)(a) as the Notice Plan and plan of distribution 12 13 together are reasonably designed to provide natural persons and Oregon local governmental entities a reasonable opportunity to secure an appropriate portion 14 15 of the amounts Defendants have agreed to pay under the terms of the Proposed 16 Settlements. No distributions to state agencies, political subdivisions, or natural 17 persons shall occur until judgments dismissing all defendants named in Oregon’s 18 Second Amended Complaint are entered by this Court and the Court enters a 19 final judgment directing distribution. 20 11. With the exception of actions required to effectuate the Proposed Settlements or 21 that are otherwise permitted by this order, the Proposed Settlements, or agreed to 22 23 by the Oregon Attorney General and the Defendants, all further proceedings as to 24 the Defendants involving claims released in the Proposed Settlements are hereby 25 stayed. This stay includes actions by the Oregon Attorney General on behalf of 26 Oregon state agencies and in her parens patriae capacity, and actions by any PAGE 5 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 natural person or Oregon political subdivision purporting to assert claims directly 2 or indirectly against Defendants. 3 4 12. The Court retains exclusive jurisdiction over this action to consider all further matters arising out of or connected with the Proposed Settlements. 5 6 IT IS SO ORDERED. 7 8 9 Dated: October 30, 2015 ___________________________________ THE HONORABLE SUSAN ILLSTON United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PAGE 6 – PROPOSED ORDER REGARDING PLAINTIFF’S MOTION FOR APPROVAL OF SETTLEMENTS WITH ALL DEFENDANTS 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 25th day of September, 2015, I electronically filed the 3 [PROPOSED] ORDER GRANTING APPROVAL OF PLAINTIFF STATE OF 4 OREGON’S SETTLEMENTS WITH ALL DEFENDANTS with the Clerk of the 5 Court using the CM/ECF system, which will automatically send email notification to the 6 parties and counsel of record. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 HAGLUND KELLEY LLP By:/s/ Michael K. Kelley_______________________ Michael G. Neff, OSB No. 925360 (Pro Hac Vice) Email: mneff@hk-law.com Michael E. Haglund, OSB No.772030 (Pro Hac Vice) Email: haglund@hk-law.com Michael K. Kelley, OSB No. 853782 (Pro Hac Vice) Email: kelley@hk-law.com HAGLUND KELLEY LLP 200 S.W. Market Street, Suite 200 Portland, Oregon 97201 Telephone: (503) 225-0777 Facsimile: (503) 225-1257 Special Assistant Attorneys General for Plaintiff State of Oregon Tim D. Nord, OSB No. 882800 Email: Tim.D.Nord@doj.state.or.us Oregon Senior Assistant Attorney General 1162 Court Street, NE Salem, OR 97301-4096 Telephone: (503) 943-4400 Facsimile: (503) 225-1257 23 Attorneys for Plaintiff State of Oregon 24 25 26 PAGE 1 – CERTIFICATE OF SERVICE HAGLUND KELLEY LLP 200 SW MARKET STREET, SUITE 1777 PORTLAND, OR 97201 Tel: (503) 225-0777 / Fax: (503) 225-1257
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