Nokia Corporation et al v. AU Optronics Corporation et al

Filing 214

ORDER RE AU OPTRONICS CORPORATION'S AND AU OPTRONICS CORPORATION AMERICA'S REQUEST FOR CLARIFICATION 173 (Illston, Susan) (Filed on 9/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE: TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION
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Case No. C 09-5609 SI

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United States District Court
For the Northern District of California

No. M 07-1827 SI
MDL No. 1827

This Order Relates To:

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NOKIA CORPORATION and NOKIA, INC.,

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ORDER RE AU OPTRONICS
CORPORATION’S AND AU
OPTRONICS CORPORATION
AMERICA’S REQUEST FOR
CLARIFICATION

Plaintiffs,
v.
AU OPTRONICS CORPORATION, et al.,
Defendants.

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AU Optronics Corporation and AU Optronics Corporation America (“AUO”) have filed an
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administrative motion for clarification of the Court’s order directing Nokia Corporation and Nokia, Inc.
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(“Nokia”) to arbitrate their claims against AUO. See Order Granting AU Optronics Corporation’s
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Motion to Compel Arbitration, Master Docket No. 3034 (July 6, 2011).
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AUO requests clarification on “whether [the Court’s order] was effective to stay all of Nokia’s
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claims against the AUO defendants (including claims for joint and several liability), or, in the
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alternative, whether that order stayed only those claims based on panels purchased directly from AUO
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and that AUO remained a defendant for purposes of litigating the joint and several claims.” Motion at
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1. The Court’s order in this case should be interpreted in a manner consistent with similar arbitration
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orders in this MDL. See, e.g., Order Granting In Part NEC Defendants’ Motion to Compel Arbitration,
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Master Docket No. 4526 (Jan. 10, 2012); Order Granting Dell’s Motion for Leave to Amend Complaint,
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Master Docket No. 3213 (Aug. 3, 2011). Accordingly, the Court agrees with Nokia that it may proceed
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with its claims against AUO for joint and several liability. Master Docket No. 6116; Docket No. 173

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in C 09-5609 SI.

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IT IS SO ORDERED.

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Dated: September 5, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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