`2:12-md-02311-MOB-MKM DOC # 1254-5 Filed O3/ll/16 Pg 1 of 3
`Pg ID 21595
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`EXHIBIT 4
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`EXHIBIT 4
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`2:12-md-02311-MOB-MKM Doc # 1254-5 Filed 03/11/16 Pg 2 of 3 Pg ID 21596
`Status Conference & Motions for Preliminary Approval • October 8, 2014
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`1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`_
`_
`_
`
`AUTOMOTIVE WIRE HARNESS
`IN RE:
`SYSTEMS ANTITRUST
`MDL NO. 12-2311
`_______________________________/
`
`STATUS CONFERENCE &
`MOTIONS FOR PRELIMINARY APPROVAL
`BEFORE THE HONORABLE MARIANNE O. BATTANI
`United States District Judge
`Theodore Levin United States Courthouse
`231 West Lafayette Boulevard
`Detroit, Michigan
`Wednesday, October 8, 2014
`
`APPEARANCES:
`Direct Purchaser Plaintiffs:
`WILLIAM G. CALDES
`SPECTOR, ROSEMAN, KODROFF & WILLIS, P.C.
`1818 Market Street, Suite 2500
`Philadelphia, PA
`19103
`(215) 496-0300
`
`DAVID H. FINK
`FINK & ASSOCIATES LAW
`100 West Long Lake Road, Suite 111
`Bloomfield Hills, MI
`48304
`(248) 971-2500
`
`LEWIS H. GOLDFARB
`McELROY, DEUTSCH, MULVANEY & CARPENTER, L.L.P.
`1200 Mount Kemble Avenue
`Morristown, NJ
`07962
`(973) 993-8100
`T o o b t a i n a c o p y o f t h i s o f f i c i a l t r a n s c r i p t , c o n t a c t :
`R o b e r t L . S m i t h , O f f i c i a l C o u r t R e p o r t e r
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`2:12-md-02311-MOB-MKM Doc # 1254-5 Filed 03/11/16 Pg 3 of 3 Pg ID 21597
`Status Conference & Motions for Preliminary Approval • October 8, 2014
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`54
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`We look at it as a way
`deal with restitution in these cases.
`to compensate the victims of these conspiracies and the only
`realistic way to do so.
`So with that, Your Honor, I will close, but if you
`have any additional questions I'm happy to answer them.
`THE COURT:
`Okay.
`All right.
`Let's hear from
`defendants.
`Plaintiffs have brought forth some very novel
`ideas as how to handle this.
`What do you say?
`May I have
`your appearances first?
`I'm Steve Cherry of the law firm
`MR. CHERRY:
`Yes.
`Wilmer Hale.
`I represent Denso but I'm speaking on behalf of
`the wire harness defendants.
`And just going through what Mr. Damrell and
`Mr. Burns have said sort of point by point.
`First is this
`issue of restitution that was addressed at the plea hearing.
`As I'm sure Your Honor knows, under the federal law there is
`a provision for restitution to direct victims in connection
`with a felony plea, it does not cover indirects.
`The direct
`victims here are not represented by any of the people sitting
`in this room, they are dealing with this issue on their own
`and are not a part of any punitive class.
`The second point, Mr. Damrell and Mr. Burns have
`repeatedly said that they need discovery before they can even
`address a schedule for class cert.
`They do downplay
`significantly the discovery that they have had.
`They have
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