Best Buy Co., Inc. et al v. AU Optronics Corp. et al
Filing
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ORDER DENYING LG DISPLAY AMERICA, INC. AND LG DISPLAY CO., LTD.'S MOTION FOR LEAVE TO AMEND 5275 (Illston, Susan) (Filed on 5/25/2012)
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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 Nos.: C 10-4572 SI; C 10-117 SI; C 104945 SI; C 10-5625 SI; C 10-5458 SI; C 103205 SI; C 10-3619 SI; C 1903517; C 104346 SI; C 11-0058 SI
United States District Court
For the Northern District of California
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No. M 07-1827 SI
MDL. No. 1827
This Order Relates to Direct Action cases filed
by:
Best Buy Co., Inc.; Electrograph Systems, Inc.;
Target Corp.; Arthur H. Siegel, trustee of Circuit
City; SB Liquidation Trust; Tacfone Wireless,
Inc.; State of Missouri, et al. (Five State); State
of Florida; State of Oregon; and Costco
Wholesale Corp.
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ORDER DENYING LG DISPLAY
AMERICA, INC. AND LG DISPLAY CO.,
LTD.’S MOTION FOR LEAVE TO
AMEND
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Defendants LG Display America, Inc., and LG Display Co., LTD (collectively, “Defendants”)
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have filed a motion in the above-captioned direct purchaser actions for leave to amend their answers to
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add additional defenses and to file a counterclaim for declaratory relief. Master Docket No. 5271.
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Having considered the arguments presented in the moving papers, the Court hereby DENIES
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Defendants’ motion.
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Defendants seek leave to amend their answers to “add additional defenses and a counterclaim
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to address the risk of duplicative liability caused by multiple plaintiffs seeking to recover for the same
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alleged overcharge.” Motion at 1. Defendants’ moving papers set out arguments very similar to those
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made in Defendants’ Motion Regarding Trial Structure and For Relief to Avoid Duplicative Damages.
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See Master Docket No. 5258. The Court found then and finds now that Defendants have not provided
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legal basis for their proposed “violation of laws of duplicative recovery” defense or for their proposed
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counterclaims for declaratory judgement regarding the same. See e.g., In re Flash Memory Antitrust
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Litig., 643 F. Supp. 2d 1143, 1156 (N.D. Cal. 2009) (“Duplicative recovery is, in many if not all cases
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alleging a nationwide conspiracy with both direct and indirect purchaser classes, a necessary
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consequence that flows from indirect purchaser recovery.”) (quoting In re Dynamic Random Access
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Memory (DRAM) Antitrust Litig., 516 F. Supp. 2d. 1072, 1089 (N.D. Cal. 2007)). Should Defendants
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wish to challenge any allocation of damages, they are free to do so post-trial.
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Accordingly, the Court DENIES Defendants’ Motion for Leave to Amend. Master Docket No.
5271.
IT IS SO ORDERED.
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United States District Court
For the Northern District of California
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Dated: May 25, 2012
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SUSAN ILLSTON
United States District Judge
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