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In re Flash Memory Antitrust Litigation

United States District Court, N.D. California, Oakland Division
Jun 8, 2010
No. C 07-0086-SBA (N.D. Cal. Jun. 8, 2010)

Summary

holding that where class had proposed injunctive classes alongside damages classes that "[c]ertification of any Statewide Classes under Rule 23(b) likewise is inappropriate in light of the fact that Plaintiffs' primary intent in this litigation is to recover damages for past purchases"

Summary of this case from In re Processed Egg Prods. Antitrust Litig.

Opinion

No. C 07-0086-SBA.

June 8, 2010

MICHAEL F. TUBACH (S.B. #145955), RYAN J. PADDEN (S.B. #204515), CHRISTOPHER S. HALES (S.B. #233349), CHRISTINA J. BROWN (S.B. #242130), O'MELVENY MYERS LLP, San Francisco, CA, KENNETH R. O'ROURKE (S.B. #120144), O'MELVENY MYERS LLP, Los Angeles, CA, Attorneys for Defendants, HYNIX SEMICONDUCTOR INC. AND HYNIX SEMICONDUCTOR AMERICA INC.


[ PROPOSED ] ORDER GRANTING DEFENDANTS SAMSUNG AND HYNIX'S ADMINISTRATIVE MOTION TO SEAL PORTION OF ORDER PURSUANT TO LOCAL RULES 7-11 AND 79-5


On March 31, 2010, this Court issued its Order Denying Indirect-Purchaser Plaintiffs' Motion for Class Certification; Denying Indirect-Purchaser Plaintiffs' Motion for Leave to Amend; and Granting in Part and Denying in Part Indirect-Purchaser Plaintiffs' Motion to Dismiss Claims of Christopher Bessette (the "Order"). The Court placed the Order under seal, and required the parties by April 22, 2010 to "jointly advise the Court which facts, if any, they contend should be redacted from the public version of this ruling. To the extent any party seeks redaction of any portion of the Court's ruling, such party shall provide the Court with the legal authority for such request and a proposed redacted order for public disclosure." (Order at 29.)

In anticipation of the motion hearing, Defendants filed a Motion for Administrative Relief Pursuant to Local Rule 7-11 for Order Directing the United States Marshals Service and/or Federal Security Services to Admit into the Federal Courthouse Electronic Equipment for Use at Hearing. Since the motion was resolved without a hearing, this request is denied as moot.

With respect to this Order, on April 22, 2010, Defendants Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc., ("Samsung") and Hynix Semiconductor Inc. and Hynix Semiconductor America Inc. ("Hynix") filed an Administrative Motion to Seal Portion of Order Pursuant to Civil Local Rules 7-11 and 79-5 ("Motion to Seal") seeking to seal the percentages of Samsung's and Hynix's NAND Flash sales attributable to Apple, and the amount and proportion of Apple's purchases from Defendants, and to redact those figures from the public version of the Order. ( See Order at 14:5-9.) Also on April 22, 2010, Samsung filed the Declaration of Joseph C. Sarles in Support of the Motion to Seal, and Hynix filed the Declaration of Christina J. Brown in Support of the Motion to Seal.

After due consideration of the papers submitted, the Court's previously entered Protective Order, and the Court's file in this matter, and good cause appearing therefore,

IT IS HEREBY ORDERED THAT:

1. The Motion to Seal is GRANTED. The Clerk shall place in the public record the redacted version of the Court's March 31, 2010 Order, as lodged by Defendants and modified by the Court. The public, redacted version will include a case citation update and will delete paragraph 5 of the Conclusion on page 29 of the under seal order, since that provision is now moot for purposes of the public version of the order.

2. Defendants' Motion for Administrative Relief Pursuant to Local Rule 7-11 for Order Directing the United States Marshals Service and/or Federal Security Services to Admit into the Federal Courthouse Electronic Equipment for Use at Hearing is DENIED as moot.

3. This order terminates Docket Nos. 690 and 712.

IT IS SO ORDERED.


Summaries of

In re Flash Memory Antitrust Litigation

United States District Court, N.D. California, Oakland Division
Jun 8, 2010
No. C 07-0086-SBA (N.D. Cal. Jun. 8, 2010)

holding that where class had proposed injunctive classes alongside damages classes that "[c]ertification of any Statewide Classes under Rule 23(b) likewise is inappropriate in light of the fact that Plaintiffs' primary intent in this litigation is to recover damages for past purchases"

Summary of this case from In re Processed Egg Prods. Antitrust Litig.

holding that where class had proposed injunctive classes alongside damages classes that "[c]ertification of any Statewide Classes under Rule 23(b) likewise is inappropriate in light of the fact that Plaintiffs' primary intent in this litigation is to recover damages for past purchases"

Summary of this case from In re Processed Egg Prods. Antitrust Litig.

finding undue prejudice where, years into a case, adding new class representatives "would require Defendants to conduct new and/or additional discovery that would not otherwise have been required had Plaintiffs joined the appropriate representatives in the first instance"

Summary of this case from Soto v. Castlerock Farming and Transport, Inc.

finding that plaintiff who did not purchase any of the flash memory products at issue in his antitrust class action lacked standing to sue

Summary of this case from Nielson v. Sports Auth.

finding undue prejudice where, years into a case, adding new class representatives "would require Defendants to conduct new and/or additional discovery that would not otherwise have been required had Plaintiffs joined the appropriate representatives in the first instance"

Summary of this case from Soto v. Castlerock Farming & Transp. Inc.

finding prejudice and undue delay in seeking to substitute new class representative thirty months after commencing suit and eighteen months after an amended complaint

Summary of this case from Bull v. City and County of San Francisco

finding undue prejudice where, years into a case, adding new class representatives "would require Defendants to conduct new and/or additional discovery that would not otherwise have been required had Plaintiffs joined the appropriate representatives in the first instance"

Summary of this case from Bull v. City and County of San Francisco

denying class certification where model "look[ed] only at an average price trend" and therefore "obscure[d] individual variations over time among the prices that different customers pay"

Summary of this case from In re Aluminum Warehousing Antitrust Litig.

denying certification where damages methodology "would . . . sweep in an unacceptable number of uninjured plaintiffs"

Summary of this case from In re Google Adwords Litigation

dismissing class representative's claims pursuant to Rule 41

Summary of this case from Young v. LG Chem Ltd.

In Flash Memory, the court rejected Dr. Netz's regression analysis for not accounting for variances in price trends based on particular chips, categories of chips, or categories of consumers.

Summary of this case from In re Cathode Ray Tube (CRT) Antitrust Litig.

In Flash Memory, the plaintiffs proposed substituting nine new plaintiffs in place of the twelve currently-named plaintiffs.

Summary of this case from In re Wellbutrin XL Antitrust Litig.
Case details for

In re Flash Memory Antitrust Litigation

Case Details

Full title:IN RE FLASH MEMORY ANTITRUST LITIGATION This Document Relates to: All…

Court:United States District Court, N.D. California, Oakland Division

Date published: Jun 8, 2010

Citations

No. C 07-0086-SBA (N.D. Cal. Jun. 8, 2010)

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