State of Florida, Office of the Attorney General, Department of Legal Affairs v. AU Optronics Corporation et al

Filing 232

ORDER Re: Distribution from Escrow Funds for Claims Administration. Signed by Judge Susan Illston on 2/25/16. (tfS, COURT STAFF) (Filed on 2/26/2016)

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Craig C. Corbitt (83251)
Judith A. Zahid (215418)
Qianwei Fu (242669)
Heather T. Rankie (268002)
ZELLE LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Joseph M. Alioto (42680)
Theresa D. Moore (99978)
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Co-Lead Class Counsel for Indirect-Purchaser Plaintiffs

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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IN RE TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION

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This Document Relates to:
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All Indirect-Purchaser Actions;
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State of Missouri, et al. v. AU Optronics
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Corporation, et al., Case No. 10-cv-3619;
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State of Florida v. AU Optronics Corporation, )
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et al., Case No. 10-cv-3517; and
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State of New York v. AU Optronics
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Corporation, et al., Case No. 11-cv-0711.
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Case No. 3:07-MD-1827 SI
MDL No. 1827
[PROPOSED] ORDER RE:
DISTRIBUTION FROM ESCROW
FUNDS FOR CLAIMS
ADMINISTRATION
The Honorable Susan Illston

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[PROPOSED] ORDER RE: DISTRIBUTION FROM ESCROW FUNDS FOR CLAIMS ADMINISTRATION

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WHEREAS, on July 11, 2012, the Court granted final approval to settlements between

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the Indirect-Purchaser Plaintiffs (“IPPs”) and the States of Arkansas, California, Florida,

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Michigan, Missouri, New York, West Virginia, and Wisconsin (“Settling States”) on the one

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hand, and defendants Chimei, Chunghwa, Epson, HannStar, Hitachi, Samsung and Sharp, as

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identified in the respective Settlement Agreements, and inclusive of related entities also

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identified in the respective Settlement Agreements (collectively, “Group-I Settling Defendants”),

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on the other hand; and

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WHEREAS, on April 3, 2013, the Court granted final approval to the settlements

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between IPPs and the Settling States, and defendants AUO, LG and Toshiba, as identified in the

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respective Settlement Agreements (collectively, “Group-II Settling Defendants” and with the

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Group-I Settling Defendants referred to hereafter as “All Settling Defendants”), on the other

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hand; and

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WHEREAS, the Settlement Agreements with All Settling Defendants provide that the

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costs of administration of the claims process shall be paid from the Settlement Fund of each

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Settling Defendant, pro rata, based on each Settling Defendant’s Settlement Amount; and

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WHEREAS, the cost of claims administration invoiced by Rust Consulting is $74,625.41
(see Exhibit 1 attached hereto); and
WHEREAS, pursuant to the Settlement Agreements the following amounts may be

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deducted from each Settling Defendant’s Settlement Fund to pay such costs of claims

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administration:

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Chimei

$7,605.15

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Chunghwa

$365.87

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Epson

$196.55

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HannStar

$1,768.99

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Hitachi

$2,688.12

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Samsung

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Sharp

$7,965.61

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AUO

$11,138.06

$16,551.92

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[PROPOSED] ORDER RE: DISTRIBUTION FROM ESCROW FUNDS FOR CLAIMS ADMINISTRATION

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LG

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Toshiba

$1,448.29

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TOTAL

$74,625.41

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WHEREAS, Well Fargo Bank, N.A. has informed the parties that it requires an order
from the Court before it will distribute payment for these additional costs;

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$24,896.85

THEREFORE, IT IS HEREBY ORDERED that Wells Fargo Bank, N.A. shall wire
$74,625.41 to the following account:

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Bank of Texas

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ABA/Routing # 111014325

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Account # 8093434387

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Account Name: Rust Consulting

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Reference # 128325

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Federal Tax ID # 41-1813634

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Bank Contact: Mayra Landeros, [phone]

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The balance of funds in the demand-deposit account, if any, shall be retained for
additional costs as they are incurred.

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IT IS SO ORDERED.

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Dated:

Feb. 25

, 2016
Hon. Susan Illston
United States District Judge

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3269875v1

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[PROPOSED] ORDER RE: DISTRIBUTION FROM ESCROW FUNDS FOR CLAIMS ADMINISTRATION

EXHIBIT 1

Invoice
625 MARQUETTE AVENUE, SUITE 880
MINNEAPOLIS, MN 55402
P 612.359.2000 I F 612.359.2050
WWW.RUSTCONSULTING.COM
FEDERAL ID #: 41-1813634

TO:

DATE:
INVOICE #:
MATTER #:

02/23/16
16-267
829200

Qianwei Fu
Attorney at Law
Zelle LLP
44 Montgomery Street, Suite 3400
San Franciso, CA 94104

[e-mail]
PROJECT

LCD Indirect
January 2016 Claims Administration Services
Project Management
Technical Consulting
Initial Notice
Correspondence/Admin Mail
Claims Validation & Audits
Call Center Support
Fund Distribution
Payment Calculations
Check Reissues
Bank Account Mgmt/Tax Reporting

7,687.84
2,410.00
61.60
32.34
16.66
362.60
1,545.38
2,155.84
968.50
573.81
15,814.57

SUBTOTAL

Expenses and Other Charges:
Call Center/Telecommunications
Shredding/Storage
Bank Fees/Other
Photocopies/Faxing/Printing
Address Traces /Undeliverables
Website Hosting

$

1,353.64
2,512.70
460.00
62.30
25.20
325.00
4,738.84

$

20,553.41

SUBTOTAL

TOTAL INVOICE
WIRE INFORMATION
ACCOUNT #: 8093434387
ABA/ROUTING # WIRE or ACH: 111014325
BANK: BANK OF TEXAS, DALLAS, TX 75225
BANK CONTACT: MAYRA LANDEROS 214.987.8817
REFERENCE: INVOICE NUMBER

PAYMENT MAILING ADDRESS:
P O BOX 142589
DRAWER #9051
Irving, TX  75014-2589

PAYMENT TERMS: NET DUE UPON RECEIPT

DATE:

02/23/16

INVOICE #:

16-267

MATTER #:

829200

STATEMENT OF ACCOUNT
Current Invoice Per January 2016 Claims Administration Services

Total Current Invoice

$

20,553.41

PREVIOUS BALANCE DUE

$

54,072.00

Total Amount Due

$

74,625.41

OUTSTANDING INVOICES:

Date

Invoice #

11/12/15

15-6173

14,603.65

14,603.65

1/4/16

15-6617

21,193.00

21,193.00

1/18/16

15-6730

18,275.35

18,275.35

WIRE INFORMATION
ACCOUNT #: 8093434387
ABA/ROUTING # WIRE or ACH: 111014325
BANK: BANK OF TEXAS, DALLAS, TX 75225
BANK CONTACT: MAYRA LANDEROS 214.987.8817
REFERENCE: INVOICE NUMBER

PAYMENT MAILING ADDRESS:
P O BOX 142589
DRAWER #9051
Irving, TX  75014-2589

Amount

Payments

Balance

PAYMENT TERMS: NET DUE UPON RECEIPT