Takiguchi et al v. MRI International, Inc. et al
Filing
805
ORDER granting ECF No. 802 Plaintiff Yuko Nakamura's Stipulation that allows Naomi Ukei to Withdraw Her Request for Exclusion and Rejoin the Class. Signed by Judge Howard D. McKibben on 2/5/2018. (Copies have been distributed pursuant to the NEF - LH)
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JAMES E. GIBBONS (pro hac vice)
Cal. State Bar No. 130631
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
801 South Figueroa Street, 15th Floor
Los Angeles, CA 90017
Tel. (213) 624-6900
jeg@manningllp.com
ROBERT W. COHEN (pro hac vice)
Cal. State Bar No. 150310
MARIKO TAENAKA (pro hac vice)
Cal. State Bar No. 273895
LAW OFFICES OF ROBERT W. COHEN, A.P.C.
1901 Avenue of the Stars, Suite 1900
Los Angeles, CA 90067
Tel. (310) 282-7586
rwc@robertwcohenlaw.com
mt@robertwcohenlaw.com
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SHIGE TAKIGUCHI, FUMI NONAKA,
MITSUAKI TAKITA, TATSURO SAKAI,
SHIZUKO ISHIMORI, YUKO NAKAMURA,
MASAAKI MORIYA, HATSUNE HATANO, and
HIDENAO TAKAMA, individually and on behalf of
all others similarity situated,
Plaintiff,
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Case No.: 2:13-cv-01183-HDM-NJK
Hon. Howard D. McKibben
STIPULATION AND ORDER
ALLOWING FORMER CLASS
MEMBER NAOMI UKEI TO
WITHDRAW HER REQUEST FOR
EXCLUSION AND REJOIN THE
CLASS
v.
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MRI INTERNATIONAL, INC., EDWIN J.
FUJINAGA, JUNZO SUZUKI, PAUL MUSASHI
SUZUKI, LVT, INC., dba STERLING ESCROW,
and DOES 1-500,
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Defendants.
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STIPULATION
WHEREAS, on June 2, 2015, Plaintiffs filed a motion to certify the class as to defendants MRI
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International, Inc., Edwin Fujinaga, Junzo Suzuki, Paul Suzuki, and LVT, Inc. (Dkt. 255), which was
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granted on March 21, 2016 (Dkt. 404);
WHEREAS, on May 5, 2016 the class definition was modified by way of stipulation (Dkt. 425),
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which was granted on May 6, 2016 (Dkt. 426);
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WHEREAS, on June 17, 2016, notice of class certification was mailed to class members;
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WHEREAS, on August 31, 2016, class member Naomi Ukei requested to be excluded from the
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class;
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WHEREAS, Defendants Junzo and Paul Suzuki and their affiliated entities (“Suzuki
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Defendants”) and trusts entered into a Settlement Agreement with Plaintiffs on December 11, 2017;
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WHEREAS, Paragraph 2.12 of the Settlement Agreement provides that as additional
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consideration of entering into the settlement, the parties will stipulate that investors who requested to be
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excluded from the Class following the notice of Class Certification be allowed to rejoin the Class, if they
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so request;
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WHEREAS, on June 22, 2017 Plaintiffs’ counsel contacted class members who excluded
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themselves, inquiring as to whether they would be interested in withdrawing their request and to rejoin
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the class;
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WHEREAS, on June 25, 2017 Ms. Ukei requested that she be able to withdraw her request for
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exclusion and explained that she had not initially understood the consequences of requesting to be
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excluded from the class. Ms. Ukei’s declaration is attached as Exhibit A;
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WHEREAS, according to MRI International, Inc.’s records, Ms. Ukei made two investments at
1,500,000 yen each (approximately $26,000), for which she contends she has not been repaid;
WHEREAS, Federal Rules of Civil Procedure 23(c)(1) permits the Court to alter or amend the
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class at any time, for any reason, before decision on the merits. See Vizcaino v. U.S. Dist. Court for
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Western Dist. Of Washington, 173 F.3d 713, 721 (9th Cir. 1999) (citing Rule 23(c)(1), which gives the
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court “explicit permission to alter or amend a certification order before [a] decision on the merits . . .”);
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Andrews Farms v. Ca/cot, Ltd., 268 F.R.D. 380, 384 (E.D. Cal. 2010) (citing Armstrong v. Davis, 275
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F.3d 849, 871 (9th Cir. 2001) (“[e]ven after a certification order is entered, the judge remains free to
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STIPULATION
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modify”);
WHEREAS, Courts have allowed former class members to withdraw their request for exclusion
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and rejoin the class. See In re Static Random Access Memory (SRAM) Antitrust Litig., 2013 WL 1222690
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(March 25, 2013) (permitting party that opted out after class certification to withdraw exclusion after
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settlement approved but before settlement funds were distributed); In re Urethane Antitrust Litig., 2008
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WL 5215980 (D. Kan. Dec. 12, 2008) (permitting entities to opt back into the class after settlement
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approved); In re Electrical Carbon Prods. Antitrust Litig., 447 F. Supp. 2d 389 (D.N.J. 2006) (allowing
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opt outs to return to class because defendants would have withdrawn settlement if they were allowed to
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do so); In re Electric Weld Steel Tubing Antitrust Litig., 1982 WL 1873 (June 30, 1982) (permitting
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company to opt back into class as to certain defendants after it privately settled claims against other
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defendants); and
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WHEREAS, this Court granted final approval of Plaintiffs’ settlement with LVT, Inc. on
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November 17, 2017 and preliminarily approved Plaintiffs’ settlement with ICAG, Inc. and the Suzuki
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Defendants on January 3, 2018, but no settlement funds have been distributed.
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Based on the forgoing, the parties stipulate as follows:
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1.
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That the Court allow Naomi Ueki to withdraw her request for exclusion and to rejoin the
class.
Dated: January 11, 2018
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
By:
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/s/ James Gibbons
JAMES E. GIBBONS
STEVEN J. RENICK
Attorneys for Plaintiffs
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LAW OFFICES OF ROBERT W. COHEN
A Professional Corporation
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By:
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STIPULATION
/s/ Robert W. Cohen
ROBERT W. COHEN
MARIKO TAENAKA
Attorneys for Plaintiffs
PAUL HASTINGS LLP
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By:
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/s/
Nicolas Morgan
NICOLAS MORGAN
Attorneys for Defendant Junzo and Paul
Suzuki
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FOUNDATION LAW GROUP, LLP
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By:
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/s/ Gregg Zucker
GREGG ZUCKER
Attorneys for Defendant Suzuki Enterprise,
Inc. Profit Sharing Plan
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HUTCHISON & STEFFEN, LLC
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By:
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/s/
Jacob A. Reynolds
Jacob A. Reynolds
Attorneys for Defendant ICAG, Inc.
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HITZKE & ASSOCIATES
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By:
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/s/ Erick Ferran
ERICK FERRAN
Attorneys for Defendants MRI International,
Inc. and Edwin Y. Fujinaga
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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February 5, 2018
DATED: _____________________
______________________________
United States District Judge
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STIPULATION
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