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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 1 of 17 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 IN RE: CAPACITORS ANTITRUST MASTER FILE NO. 3:14-cv-03264-JD LITIGATION 15 [PROPOSED] FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO 16 THIS DOCUMENT RELATES TO: DEFENDANT NITSUKO ELECTRONICS CORPORATION 17 ALL INDIRECT PURCHASER ACTIONS 18 19 20 21 22 23 24 25 26 27 28 Law Offices Final Judgment of Dismissal with Prejudice as to Approval of Settlement with Defendant Nitsuko Electronics Corporation; COTCHETT, PITRE & Case No. 3:14-cv-03264-JD MCCARTHY, LLP Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 2 of 17 1 This matter has come before the Court to determine whether there is any cause why this 2 Court should not enter Final Judgment as to Defendant Nitsuko Electronics Corporation 3 (“Nitsuko”). The Court, having reviewed the settlement agreement between Plaintiffs Michael 4 Brooks, CAE Sound, Steve Wong, Toy-Knowlogy Inc., AGS Devices, Ltd., J&O Electronics, 5 Nebraska Dynamics, Inc., Angstrom, Inc., MakersLED, In Home Tech Solutions, Inc., 6 individually and on behalf of the Indirect Purchaser Class they seek to represent, on the one hand, 7 and Nitusko, on the other, dated March 29, 2016 (the “Settlement Agreement”); Indirect 8 Purchasers’ Motion for Final Approval of Settlements with Defendants NEC TOKIN, Nitsuko 9 and Okaya; the pleadings and other papers on file in this action; and the statements of counsel 10 and the parties, including at the July 6, 2017 Fairness Hearing, hereby finds no just reason to 11 delay the entry of Final Judgment under Federal Rule of Civil Procedure 54(b). Accordingly, the 12 Court directs entry of Judgment, which shall constitute a final adjudication of the case on the 13 merits as to Nitusko in accordance with the terms of the Settlement Agreement. 14 Good cause appearing therefore: 15 IT IS HEREBY ORDERED, AJUDGED, AND DECREED THAT: 16 1. The Court has jurisdiction over the subject matter of this litigation, the Actions 17 within this litigation, and the parties to the Settlement Agreements, including all members of the 18 Settlement Class. 19 2. For purposes of this Judgment, except as otherwise set forth herein, the Court 20 adopts and incorporates the definitions contained in the Settlement Agreement [ECF No. 1305-4] 21 as though they were fully set forth in this Final Judgment. Specifically, “Settlement Class,” as 22 defined in the Settlement Agreement, means all persons and entities in the United States who, 23 during the period from January 1, 2003, to March 29, 2016, purchased one or more Capacitor(s) 24 from a distributor (or from an entity other than a Defendant) that a Defendant or alleged co- 25 conspirator manufactured. Excluded from the Class are Defendants, their parent companies, 26 subsidiaries and Affiliates, any co-conspirators, Defendants' attorneys in this case, federal 27 government entities and instrumentalities, states and their subdivisions, all judges assigned to this 28 _____________________________________________________________________________ Law Offices Final Judgment of Dismissal with Prejudice as to Approval of Settlement with Defendant Nitsuko Electronics Corporation; COTCHETT, PITRE & Case No. 3:14-cv-03264-JD 1 MCCARTHY, LLP Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 3 of 17 1 case, all jurors in this case, and all persons and entities who directly purchased Capacitors from 2 Defendants. 3 3. Those persons and entities identified in the list attached hereto as Exhibit A are 4 validly excluded from the Class. Such persons and entities are not included in or bound by this 5 Judgment. Such persons and entities are not entitled to any recovery of the settlement proceeds 6 obtained in connection with the Settlement Agreement. 7 4. The Court hereby dismisses on the merits and with prejudice IPPs’ claims against 8 Nitsuko, with each party to bear their own costs and attorneys’ fees, except as provided in the 9 Settlement Agreement. 10 5. All persons and entities who are Releasors under the terms of the Settlement 11 Agreement are hereby barred and enjoined from commencing, prosecuting, or continuing, either 12 directly or indirectly, any claim against the Releasees, as defined in the Settlement Agreement, in 13 this or any other jurisdiction arising out of, or related to, any of the Released Claims. 14 6. The Releasees are hereby and forever released from all Released Claims as defined 15 in the Settlement Agreement. 16 7. Without affecting the finality of this Judgment in any way, this Court hereby 17 retains continuing jurisdiction over 18 a. implementation of these settlements and any distribution to members of the 19 Settlement Class pursuant to further orders of this Court; 20 b. disposition of the Settlement Fund; 21 c. determining attorneys’ fees, costs, expenses, interest and Class Representative 22 incentive awards; 23 d. the Action until Final Judgment contemplated hereby has become effective; 24 e. hearing and ruling on any matters relating to the plan of allocation of 25 settlement proceeds; and 26 27 28 _____________________________________________________________________________ Law Offices Final Judgment of Dismissal with Prejudice as to Approval of Settlement with Defendant Nitsuko Electronics Corporation; COTCHETT, PITRE & Case No. 3:14-cv-03264-JD 2 MCCARTHY, LLP Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 4 of 17 1 f. all parties to the Action and Releasing Parties, for the purpose of enforcing and 2 administering the Settlement Agreement and the mutual releases and other 3 documents contemplated by, or executed in connection with the Agreement. 4 8. This document constitutes a final judgment and separate documents for purposes 5 of Federal Rule of Civil Procedure 58(a). 6 9. The Court finds that, pursuant to Federal Rules of Civil Procedure 54(a) and (b), 7 Final Judgment should be entered, and further finds that there is no just reason for delay in the 8 entry of Final Judgment, as to the parties to the Settlement Agreements. Accordingly, the Clerk is 9 hereby directed to enter Final Judgment forthwith. 10 11 IT IS SO ORDERED. 12 Dated: July __, 2017 13 14 Hon. James Donato United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________ Law Offices Final Judgment of Dismissal with Prejudice as to Approval of Settlement with Defendant Nitsuko Electronics Corporation; COTCHETT, PITRE & Case No. 3:14-cv-03264-JD 3 MCCARTHY, LLP Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 5 of 17 EXHIBIT A Case 3:14-cv-03264-JD Document 1708 Filed 06/26/17 Page 6 of 17 In re Capacitors Antitrust Litigation Exclusion Report Name Exclusion ID # Postmark Date 1 Acer, Inc. 41778552-1 2/10/2017 2 Acer America Corporation 41778552-2 2/10/2017 3 Gateway, Inc. 41778552-3 2/10/2017 4 Gateway U.S. Retail, Inc (f/k/a eMachines, Inc) 41778552-4 2/10/2017 5 Packard Bell B.V. 41778552-5 2/10/2017 6 BlackBerry Limited (f/k/a Research in Motion Limited) 41778553-1 2/15/2017 7 BlackBerry Corporation (f/k/a Research in Motion Corporation) 41778553-2 2/15/2017 8 BlackBerry Singapore Pte. Limited (f/k/a Research in Motion Singapore Pte. Limited) 41778553-3 2/15/2017 9 BlackBerry UK Limited (f/k/a Research in Motion UK Limited 41778553-4 2/15/2017 10 Plexus Corp. 41778554-1 2/14/2017 11 Plexus Asia, Ltd. 41778554-2 2/14/2017 12 Plexus Corp. Limited 41778554-3 2/14/2017 13 Plexus Corporation (UK) Limited 41778554-4 2/14/2017 14 Plexus Deutschland GmbH 41778554-5 2/14/2017 15 Plexus Electronica S. de R.L. de C.V. 41778554-6 2/14/2017 16 Plexus (Hangzhou) Co., Ltd. 41778554-7 2/14/2017 17 Plexus International Services, Inc. 41778554-8 2/14/2017 18 Plexus Intl. Sales & Logistics, LLC 41778554-9 2/14/2017 19 Plexus Manufacturing Sdn. Bhd. 41778554-10 2/14/2017 20 Plexus Services RO S.R.L. 41778554-11 2/14/2017 21 Plexus (Xiamen) Co., Ltd. 41778554-12 2/14/2017 22 Plexus (Zhejiang) Co., Ltd. 41778554-13 2/14/2017 23 Plexus Corp. (Kelso) Limited 41778554-14 2/14/2017 24 Plexus Corp. (Maldon) Limited 41778554-15 2/14/2017 25 Plexus Services Corp. 41778554-16 2/14/2017 26 Plexus Technology Group, Inc. 41778554-17 2/14/2017 27 Plexus Electronic Assembly Corp. 41778554-18 2/14/2017 28 Plexus NPI Plus Corp. 41778554-19 2/14/2017 29 Plexus Nampa LLC 41778554-20 2/14/2017 30 Plexus Aerospace, Defense and Security Services, LLC USA 41778554-21 2/14/2017 31 Plexus QS, LLC 41778554-22 2/14/2017 32 Plexus Management Services Corporation USA 41778554-23 2/14/2017 33 Plexus (Thailand) Co., Ltd. 41778554-24 2/14/2017 34 PTL Information Technology Services Corp. 41778554-25 2/14/2017 35 Plexus Services Americas, S. de R.L. de C.V. 41778554-26 2/14/2017 36 Loyds Lock Co 41778555 4/11/2017 37 John T Loyd 41778556 4/11/2017 38 Santiago Fernandez-Gomez 41778557 4/17/2017 39 Dennis J. Dosch 41778558 4/25/2017 40 Microsoft Corporation 41778559-1 5/23/2017 41 Microsoft Corporation's Subsidiaries 41778559-2 5/23/2017 42 Nokia Corporation (Finland) 41778559-3 5/23/2017 43 Nokia Sales International Oy (Finland) 41778559-4 5/23/2017 44 Nokia India Pvt Ltd (India) 41778559-5 5/23/2017 45 OOO Nokia (Russia) 41778559-6 5/23/2017 46 Nokia (China) Investment Co.
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