IN RE CAPACITORS ANTITRUST LITIGATION
Filing
2939
FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TAITSU CORP. FOR IPPS' ACTION. Signed by Judge James Donato on 5/10/2022. (jdlc2, COURT STAFF) (Filed on 5/10/2022)
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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 CAPACITORS ANTITRUST
LITIGATION
MDL No. 3:17-md-02801-JD
Case No. 3:14-cv-03264-JD
THIS DOCUMENT RELATES TO:
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[PROPOSED] FINAL JUDGMENT OF
DISMISSAL WITH PREJUDICE AS TO
DEFENDANT TAITSU CORP.
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ALL INDIRECT PURCHASER ACTIONS
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[Proposed] Final Judgment of Dismissal with Prejudice as to Defendant Taitsu Corp.;
MDL No. 3:17-md-02801-JD; Case No. 3:14-cv-03264-JD
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The Court previously granted final approval of the class settlement between the Indirect
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Purchaser Plaintiffs and defendants Shinyei Technology Co., Ltd. and Shinyei Capacitor Co.,
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Ltd. (Shinyei), and Taitsu Corp. (Taitsu). MDL Dkt. No. 1665. The Court further found,
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pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, that final judgments of dismissal
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with prejudice as to the settling defendants should be entered, and that there was no just reason
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for delay in the entry of the final judgments in accordance with the Settlement Agreements. Id.
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Accordingly, the Court enters judgment, which constitutes a final adjudication of the IPPs’
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action on the merits as to Taitsu, in accordance with the terms of the Settlement Agreement
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between the IPPs and Taitsu, dated June 2, 2021.
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IT IS CONSEQUENTLY ORDERED THAT:
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1.
The Court has jurisdiction over the subject matter of this litigation, the actions
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within this multi-district litigation, and the parties to the Settlement Agreements, including all
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members of the Settlement Class.
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2.
For purposes of this Judgment, except as otherwise set forth herein, the Court
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incorporates the definitions contained in the Settlement Agreement. Specifically, “Class,” as
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defined in the Settlement Agreement, means:
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All persons and entities in the Indirect Purchaser States (as defined herein) who,
during the period from January 1, 2002, to February 28, 2014, purchased one or
more Capacitor(s) from a distributor (or from an entity other than a Defendant)
that a Defendant or alleged co-conspirator manufactured. Excluded from the Class
are Defendants; their parent companies, subsidiaries and Affiliates; any coconspirators; Defendants’ attorneys in this Action; federal government entities
and instrumentalities, states and their subdivisions; all judges assigned to this
Action; all jurors in this Action; and all Persons who directly purchased
Capacitors from Defendants.
“Indirect Purchaser States” means California, Florida, Michigan, Minnesota,
Nebraska, and New York.
3.
Those persons and entities identified in Exhibit A were validly excluded from the
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Class. MDL Dkt. No. 1665. These persons and entities are not included in or bound by this
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Judgment, and they are not entitled to any recovery of the settlement proceeds obtained in
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connection with the Settlement Agreement.
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[Proposed] Final Judgment of Dismissal with Prejudice as to Defendant Taitsu Corp.;
MDL No. 3:17-md-02801-JD; Case No. 3:14-cv-03264-JD
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4.
The Court dismisses on the merits and with prejudice IPPs’ claims against Taitsu,
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with each party to bear their own costs and attorneys’ fees, except as provided in the Settlement
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Agreement.
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5.
All persons and entities who are Releasors under the terms of the Settlement
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Agreement are barred and enjoined from commencing, prosecuting, or continuing, either directly
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or indirectly, any claim against the Releasees, as defined in the Settlement Agreement, in this or
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any other jurisdiction arising out of, or related to, any of the Released Claims.
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6.
The Releasees are released from all Released Claims as defined in the Settlement
Agreement.
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Without affecting the finality of this Judgment in any way, this Court retains
continuing jurisdiction over:
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a. implementation of these settlements and any distribution to Class members
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pursuant to further orders of this Court;
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b. disposition of the Settlement Fund;
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c. determining attorneys’ fees, costs, expenses, and interest;
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d. the Action until Final Judgment contemplated hereby has become effective;
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e. hearing and ruling on any matters relating to the plan of allocation of
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settlement proceeds; and
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f. all parties to the Action and Releasing Parties, for the purpose of enforcing
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and administering the Settlement Agreement and the mutual releases and other
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documents contemplated by, or executed in connection with, the Agreement.
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8.
This document constitutes a final judgment and separate document for purposes
of Rule 58(a).
IT IS SO ORDERED.
Dated: May 10, 2022
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JAMES DONATO
United States District Judge
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[Proposed] Final Judgment of Dismissal with Prejudice as to Defendant Taitsu Corp.;
MDL No. 3:17-md-02801-JD; Case No. 3:14-cv-03264-JD
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EXHIBIT A
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Requests for Exclusion from Taitsu Settlement
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Name
James Tylman
Dell Inc. on behalf of itself and its wholly-owned
subsidiaries
William B Higinbotham
Exclusion Request Timely
Yes
Yes
Yes
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[Proposed] Final Judgment of Dismissal with Prejudice as to Defendant Taitsu Corp.;
MDL No. 3:17-md-02801-JD; Case No. 3:14-cv-03264-JD
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