Case 3:17-cv-07047-JD Document 25 Filed 01/12/18 Page 1 of 2
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Civil Minutes
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`Judge: Hon. James Donato
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`Date: January 11, 2018
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`Time: 1 Hour & 36 Minutes
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`Case No.
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`Attorney(s) for Plaintiff(s):
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`C-14-03264-JD IN RE CAPACITORS ANTITRUST LITIGATION
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`Joshua P. Davis/Demetrius X. Lambrinos/James G. Dallal/
`Nicomedes Sy Herrera/Adam Zapala/Victoria L. Smith/
`Judith Zahid/Scott N. Wagner/Robert W. Turken/Charles E.
`Tompkins/Joseph Saveri
`John F. Cove, Jr./Mark Flanagan/Philip S. Van Der Weele/
`Charles F. Rule/Jonathan Gaskin/Darrell Prescott/Jeffrey
`Kessler/Jeffrey Bank/Jarod M. Bona/Ian Papendick/Michael F.
`Tubach/Gaspare J. Bono/Claire M. Maddox/Michael E.
`Martinez/Robert G. Kidwell/Heather Tewksbury/Roxane
`Polidora
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`Court Reporter: Kathy Sullivan
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`Attorney(s) for Defendant(s):
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`Deputy Clerk: Lisa R. Clark
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`PROCEEDINGS
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`Defendants’ FTAIA Motion for Partial Summary Judgment for Flextronics’ Claims - Held
`Discovery Hearing - Held
`Status Conference - Held
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`NOTES AND ORDERS
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`I. FTAIA PHASE II MOTION (FLEXTRONICS)
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`The Court hears argument on defendants’ Phase II Joint Motion for Partial Summary Judgment
`Dismissing Flextronics’ Claims for Foreign Transactions. Dkt. No. 1661. The motion is taken
`under submission and the Court will issue a written order.
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`II. DISCOVERY DISPUTES
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`Plaintiffs’ request for Panasonic’s clawed-back and withheld documents, Dkt. Nos. 1977, 2004:
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`● Panasonic’s counsel provides to the Court the three clawed-back documents. The Court
`will review the documents and issue a ruling on plaintiffs’ request to compel production.
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`Case 3:17-cv-07047-JD Document 25 Filed 01/12/18 Page 2 of 2
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`● For the other 99 documents from Panasonic’s privilege log that are at issue, plaintiffs
`will pick six exemplar entries. Panasonic will submit those documents (with Japanese
`translations, as applicable) for the Court’s in camera review and further ruling.
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`KEMET’s request for a protective order prohibiting the deposition of KEMET’s CEO (Per Olof
`Loof), Dkt. No. 1993:
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`● The Court grants KEMET’s request. Plaintiffs may request to revisit this issue if good
`cause arises.
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`Plaintiffs’ request for documents re defendants’ disciplinary activities and internal investigations,
`Dkt. No. 1986:
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`● This request implicates documents created after this case was filed in 2014. The parties
`will jointly submit a summary of the Court’s prior orders relating to a hard cut-off as of
`that date. The Court will then issue a final ruling on this discovery dispute.
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`Plaintiffs’ request for an extension of their deadline to identify new deponents, Dkt. No. 1988:
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`● Plaintiffs agree this request is mooted by the scheduling discussion summarized below.
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`III. MDL ORGANIZATION AND SCHEDULING / MISC. OTHER MATTERS
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`Going forward, the parties are to file all documents in the new MDL case docket (Case No. 17-
`md-2801). In addition, DPPs, IPPs and Flextronics should file the documents in the 14-3264
`case as well; AASI in the 17-3472 case, Avnet in 17-7046, and Benchmark Electronics, Inc. in
`17-7047.
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`The Court approves the jointly-stipulated case schedule submitted at Dkt. No. 1907, extending
`all dates out by 60 days. The case schedule may be affected by the government’s stay request,
`which will be heard on January 25, 2018. DPPs represent that their pending request for leave to
`amend their complaint, even if granted, will not affect the case schedule.
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`The Court will inform the parties if it wishes to hear live expert testimony for the DPPs’ pending
`class certification motion.
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`DPPs request that the Court consider granting their unopposed motion for preliminary approval
`of settlements with Hitachi Chemical and Soshin (Dkt. No. 1989) on the papers.
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`The Court requests that plaintiffs file quarterly updates on the defendants that are completely out
`of the case and may be terminated as a result of settlements reached with all plaintiff groups.
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`For Digi-Key Corporation’s motion to relate (Dkt. No. 2006), the Court advises Digi-Key that it
`must go through the process designated by the JPML to become a part of the MDL.
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