Jaco Electronics, Inc. v. AU Optronics Corporation et al

Filing 82

ORDER DENYING NEC'S MOTION TO STAY TRIAL COURT PROCEEDINGS PENDING APPEAL (JACO ELECTRONICS)(Illston, Susan) (Filed on 2/29/2012)

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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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No. M 07-1827 SI
MDL No. 1827

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This Order Relates To:

No. C 11-2495 SI

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JACO ELECTRONICS, INC.,

ORDER DENYING NEC’S MOTION TO
STAY TRIAL COURT PROCEEDINGS
PENDING APPEAL

United States District Court
For the Northern District of California

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Plaintiff,
v.

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AU OPTRONICS CORPORATION, et al.,

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Defendants.

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Defendants NEC Corporation, NEC LCD Technologies, Ltd., and Renesas Electronics America,

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Inc. (collectively, “NEC”) have filed a motion to stay the proceedings against them pending their appeal

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of this Court’s order granting in part their motion to compel arbitration. Given the complexity of this

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MDL, the Court has generally been disinclined to grant stays to individual defendants. NEC has not

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persuaded the Court to depart from this general rule. Whatever NEC’s likelihood of success on appeal,

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the Court is convinced that permitting partial stays to specific defendants represents an unmanageable

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option. Further, the Court is cognizant of the fact that NEC is a defendant in numerous other cases

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in this MDL. Thus, a stay would do little to defer the cost of this litigation to NEC. See Motion at 11-

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12 (claiming that NEC will suffer irreparable injury primarily because of cost of litigation and noting

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that NEC has “not engaged in any discovery to date”).

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Accordingly, for the foregoing reasons and for good cause shown, the Court hereby DENIES

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NEC’s motion to stay trial court proceedings pending appeal. The hearing currently scheduled for

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March 2, 2012 is VACATED. See Civil Local Rule 7-1(b). Docket No. 4652 in 07-1827; Docket

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No. 63 in 11-2495.

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IT IS SO ORDERED.

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Dated: February 29, 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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