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IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION, 3:07-md-1827 SI. (2014)

Court: District Court, N.D. California Number: infdco20140226a58 Visitors: 6
Filed: Feb. 25, 2014
Latest Update: Feb. 25, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING CERTAIN PURCHASES CLAIMED BY THE AASI CREDITOR LIQUIDATING TRUST SUSAN ILLSTON, District Judge. Plaintiff The AASI Creditor Liquidating Trust, by and through Kenneth A. Welt, Liquidating Trustee ("AASI") and the below-listed Defendants in the AASI action (collectively, the "Parties") hereby stipulate as follows: WHEREAS the Parties have met and conferred regarding the Proposed List of Summary Judgment Motions and Schedule; WHEREAS the Parties
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STIPULATION AND [PROPOSED] ORDER REGARDING CERTAIN PURCHASES CLAIMED BY THE AASI CREDITOR LIQUIDATING TRUST

SUSAN ILLSTON, District Judge.

Plaintiff The AASI Creditor Liquidating Trust, by and through Kenneth A. Welt, Liquidating Trustee ("AASI") and the below-listed Defendants in the AASI action (collectively, the "Parties") hereby stipulate as follows:

WHEREAS the Parties have met and conferred regarding the Proposed List of Summary Judgment Motions and Schedule;

WHEREAS the Parties wish to limit the number and scope of summary judgment motions filed in these cases;

WHEREAS Defendants have asserted that certain purchases by AASI identified by creditors in the pending bankruptcy action (Case No. 1:07-bk-12963-LMI; United States Bankruptcy Court for the Southern District of Florida) and listed on Attachment A to this Stipulation are not properly included within AASI's calculation of damages in this case (the "Disputed Purchases") and AASI disagrees with Defendants' contention;

WHEREAS in order to avoid the burden and expense of briefing this issue in connection with a motion for summary judgment, the Parties have agreed to resolve certain issues regarding the Disputed Purchases;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties, and subject to the concurrence of the Court, that:

1. AASI does not seek damages for the Disputed Purchases.

2. In light of this stipulation, Defendants will not file a summary judgment motion to exclude purchases at issue in AASI's bankruptcy.

ATTESTATION: Pursuant to Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this document has been obtained from each of the above signatories.

IT IS SO ORDERED.

Attachment A

Purchases at Issue in Sharp Preference Action/Proof of Claim No. 595

GL Doc No. GL Date Amount 5114770 6-Nov-06 $1,160 5113320 31-Oct-06 $60,000 5113956 2-Nov-06 $199 Total: $ 61,359

Purchases at Issue in Optrex Proof of Claim No. 247 Order No. GL Date Amount

10086691 24-May-06 $129.40 1016513 11-Aug-06 $27,195 10077562 28-Aug-06 $118,250 10083182 21-Sep-06 $22,069.20 10077561,2 22-Sep-06 $121,752 1011890 22-Sep-06 $22,691.20 10049632 22-Sep-06 $5,389.16 1003953 22-Sep-06 $3,247 10058962 27-Sep-06 $17,960 1019185 27-Sep-06 $3,660 10194142 27-Sep-06 $11,345.60 10049632 27-Sep-06 $37,156.84 1010628 27-Sep-06 $35,455 1013607 27-Sep-06 $91,955 1010424 2-Oct-06 $12,028.50 1013607 3-Oct-06 $2,656.65 1015023 3-Oct-06 $360.45 1015023 4-Oct-06 $1,281.60 10086692 4-Oct-06, 12-Oct-06 $10,936.08 1018204 4-Oct-06 $2,301.10 10116242 5-Oct-06 $4,895.10 1013531 9-Oct-06 $285.26 10144052 13-Oct-06 $21,891.87 1012306 20-Oct-06 $23,374 1012306 20-Oct-06 $18,850 1015037 30-Oct-06 $ 285.26 10153081,2 30-Oct-06 $67,365 10109032 30-Oct-06 $67,500 1009697 30-Oct-06 $27,200 1014162 30-Oct-06 $377 10116242 30-Oct-06 $3,263.40 1013260 30-Oct-06 $17,010 1016513 31-Oct-06 $10,878 1015023 31-Oct-06 $3,657.90 1016513 2-Nov-06 $23,931.60 1016948 2-Nov-06 $79,280 1018204 6-Nov-06 $29,223.97 1015023 4-Dec-06 $5,179.80 1014259 4-Dec-06 $7,640 Total: $ 959,907.94 Reduced to $ 929,245

Purchases at Issue in LG Display Preference Action/Proof of Claim No. 59

Invoice No. Sales Date Amount HL145 12-21-2006 $220,000 HL149 12-21-2006 $128,000 HL150 12-21-2006 $47,875 HL151 12-21-2006 $275,000 HL152 12-21-2006 $306,800 HL153 12-21-2006 $94,400 HL154 12-21-2006 $69,300 HL155 12-21-2006 $48,000 HL225 12-28-2006 $64,000 HL250 12-29-2006 $26,875 HL260 12-29-2006 $27,500 HL264 12-29-2006 $148,500 HL265 12-29-2006 $5,500 HL266 12-29-2006 $1,500 HL268 12-29-2006 $2,346 HL269 12-29-2006 $625 HL270 12-29-2006 $6,655 HL272 12-29-2006 $16,402 HL273 12-29-2006 $9,245 HL274 12-29-2006 $540 Total: $ 1,499,063 Reduced to $ 1,187,500

FootNotes


1. The amount in the Proof of Claim differs from the amount in the underlying transactional data. The lesser of the two amounts was deducted from AASI's volume of commerce listed in Defendants' Expert Report.
2. The order number for this amount on this date appears in multiple rows of the underlying transactional data.
Source:  Leagle

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