State of Oregon v. AU Optronics Corporation et al
Filing
199
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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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
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Attorneys for Plaintiff State of Oregon
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IN THE UNITED STATED DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
(SAN FRANCISCO DIVISION)
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IN RE TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION
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This Document Relates to Individual
Case No. 3:10-cv-4346 SI
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STATE OF OREGON, ex rel Ellen F.
Rosenblum, Attorney General,
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Plaintiff,
v.
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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
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Defendants.
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///
PAGE 1 – PROPOSED ORDER REGARDING
PLAINTIFF’S MOTION FOR APPROVAL OF
SETTLEMENTS WITH ALL DEFENDANTS
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The Oregon Attorney General has brought before this Court three matters for
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review and approval: (1) nine separate proposed settlement agreements (“Proposed
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Settlements”) which the Oregon Attorney General believes are reasonable and in the best
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interests of Oregon and its citizens; (2) a proposed plan for providing notice of these
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settlements (“Notice Plan”) to Oregon political subdivisions and natural persons that
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indirectly purchased TFT-LCD panels during the period 2002 through 2006 which were
incorporated into monitors, laptop computers, and televisions (“LCD Products”) sold in
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Oregon; and (3) a proposed plan for distribution of the settlement proceeds which
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together with the Notice Plan afford Oregon political subdivisions and natural persons
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“[A] reasonable opportunity to secure an appropriate portion of net monetary relief.”
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ORS 646.780(5)(a).
The Proposed Settlements presented by the Oregon Attorney General are with the
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Chi Mei, Hitachi Displays, Sharp, Samsung, Epson, LG Display, AUO, Toshiba, and
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HannStar defendants (as identified in the Proposed Settlements, and inclusive of related
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entities identified in the Proposed Settlements) (collectively “Defendants”). The Court
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has reviewed the Proposed Settlements and the State of Oregon’s Notice of Motion and
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Motion for Approval of Settlements (“Motion for Approval”) and supporting
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declarations.
After carefully considering all papers filed and proceedings held herein
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and otherwise being fully informed in the premises:
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NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
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1. The Proposed Settlements are approved pursuant to ORS 646.775(3).
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2. The Court finds that the terms of the Proposed Settlements fall within the range
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of reasonableness for approval.
PAGE 2 – PROPOSED ORDER REGARDING
PLAINTIFF’S MOTION FOR APPROVAL OF
SETTLEMENTS WITH ALL DEFENDANTS
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3. The Court finds that the notice by publication, as proposed by Oregon, would not
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deny due process of law to any natural person or political subdivision, and
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constitutes valid, due, and sufficient notice. The Court finds that the proposed
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Notice Plan and forms of notice comport with the due process of law and are
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proper under 646.775(2) and (3).
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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
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as the first page to Exhibit A to the Declaration of Tim D. Nord dated September
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24, 2015 (“Nord Declaration”) and filed with this Court to be published as
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described in the Notice Plan. The Oregon Attorney General is further ordered to
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post the summary notice along with the long form notice (which together are
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Exhibit A to the Nord Declaration) on the Oregon Attorney General’s website.
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5. Within 15 days of this Order, the Oregon Attorney General is directed to mail
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Oregon political subdivisions summary notice substantially in the form of the
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Notice of Settlement attached as the first page to Exhibit A of the Nord
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Declaration.
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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
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brings a parens patriae action pursuant to ORS 646.775(1)(a) must have the
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opportunity to exclude themselves from the Proposed Settlements. Any natural
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persons or Oregon political subdivisions may exercise their right to be excluded
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from the Proposed Settlements by mailing an election of exclusion no later than
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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
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identified in Exhibit A to the Nord Declaration. Any election of exclusion must
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be in writing, set forth the name, address, and telephone number of the person or
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entity that wishes to be excluded, and must be signed by the person or entity
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seeking exclusion. Any natural person or Oregon political subdivision that does
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not properly and timely elect exclusion shall be bound by the terms and
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provisions of the Proposed Settlements so approved following entry of final
judgments of dismissal. Such terms and provisions shall include, but are not
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limited to, the releases, waivers, and covenants described in the Proposed
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Settlements whether or not such person or entity makes a claim against the
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settlement funds.
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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
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an election of exclusion, the State of Oregon shall provide to the respective
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Defendants calculations showing whether exclusions were sufficient in number
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to trigger Defendants’ option to rescind their respective settlement agreements.
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In addition, the State of Oregon is required within this same time period to
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provide each of the Defendants with a complete list of those political
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subdivisions and natural persons that elected exclusion. In the event one or more
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of the settlement agreements does not become effective in accordance with the
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terms of one or more of the settlement agreements, this order shall be null and
void as to that settlement agreement.
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PAGE 4 – PROPOSED ORDER REGARDING
PLAINTIFF’S MOTION FOR APPROVAL OF
SETTLEMENTS WITH ALL DEFENDANTS
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8.
The Oregon Attorney General’s motion for attorney fees, investigative and
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expert costs, and reimbursement of discovery costs to respective Oregon entities
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shall be filed no later than December 18, 2015.
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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
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against to pay for administrative, notice and claims processing expenses as
contemplated by the Proposed Settlements.
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10. The Court finds the preliminary plan of distribution set out in the Motion for
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Approval, together with the Oregon Attorney General’s Notice Plan, meet the
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requirement of ORS 646.775(5)(a) as the Notice Plan and plan of distribution
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together are reasonably designed to provide natural persons and Oregon local
governmental entities a reasonable opportunity to secure an appropriate portion
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of the amounts Defendants have agreed to pay under the terms of the Proposed
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Settlements. No distributions to state agencies, political subdivisions, or natural
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persons shall occur until judgments dismissing all defendants named in Oregon’s
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Second Amended Complaint are entered by this Court and the Court enters a
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final judgment directing distribution.
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11. With the exception of actions required to effectuate the Proposed Settlements or
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that are otherwise permitted by this order, the Proposed Settlements, or agreed to
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by the Oregon Attorney General and the Defendants, all further proceedings as to
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the Defendants involving claims released in the Proposed Settlements are hereby
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stayed. This stay includes actions by the Oregon Attorney General on behalf of
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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
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natural person or Oregon political subdivision purporting to assert claims directly
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or indirectly against Defendants.
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12. The Court retains exclusive jurisdiction over this action to consider all further
matters arising out of or connected with the Proposed Settlements.
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IT IS SO ORDERED.
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Dated: October 30, 2015
___________________________________
THE HONORABLE SUSAN ILLSTON
United States District Judge
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PAGE 6 – PROPOSED ORDER REGARDING
PLAINTIFF’S MOTION FOR APPROVAL OF
SETTLEMENTS WITH ALL DEFENDANTS
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CERTIFICATE OF SERVICE
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I hereby certify that on the 25th day of September, 2015, I electronically filed the
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[PROPOSED] ORDER GRANTING APPROVAL OF PLAINTIFF STATE OF
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OREGON’S SETTLEMENTS WITH ALL DEFENDANTS with the Clerk of the
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Court using the CM/ECF system, which will automatically send email notification to the
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parties and counsel of record.
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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
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Attorneys for Plaintiff State of Oregon
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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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