In re TFT-LCD (Flat Panel) Antitrust Litig.

Case # 07-md-01827
Case Name In re TFT-LCD (Flat Panel) Antitrust Litig.
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that Defendants colluded to control the market price of TFT-LCD Products in the United States. They did so as a by-product of the exceptional market share that they controlled. Plaintiffs seek that Defendants be permanently restricted from such illegal collusion and they seek monetary restitution as a result of the illegal price-fixing.

Class members: All persons and entities who purchased a TFT-LCD product for their own use and not for re-sale between January 1, 1998 and December 31, 2005. They are referred to as "In-Direct Purchasers" since they purchased their products through a third-party retailer and not directly from the manufacturers.

Final Approval Date 07/10/2012
Result
  1. All objections were overruled.
  2. Objectors Keena Dale (through Attorney N. Albert Bacharach, Jr.), Julius N. Dunmore, Jr. (through Attorney Paul S. Rothstein), Margot Bradley et al (through Attorney Brian M. Torres), Ira Connor Erwin et al (through Attorney Christopher A. Bandas), Geri Maxwell (through Attorney George W. Cochran), Shannon Cashion et al (through Attorney Steve A. Miller), Barbara Cochran and Kevin Luke (through Attorney John J. Pentz), Alison Paul (though Attorney Joseph Darrell Palmer), and Andrea Kane (though Attorney Grenville Pridham) appealed the Final Approval.
Dismissal of Last Appeal 06/13/2014
Attachments First Amended Class Action Complaint.pdf
Preliminary Approval of In-Direct Purchaser Settlement.pdf
Joint Response to Objections.pdf
Special Masters' Report on Objectors.pdf
Preliminary Approval of Combined Class.pdf
Final Approval.pdf
Motion to Compel Depositions of Objectors.pdf
Docket Report.pdf
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Objection of ePlus Group

Objectors ePlus Group
Signers Michael E. Geltner
Keith L. Meeker
Attorneys Michael E. Geltner
Keith L. Meeker
Summary
  1. Settlement does not clarify the status of leasing companies.
  2. Objection was withdrawn on 5/17/2012.
Attachments Objection of ePlus Group.pdf
Objection of ePlus Group (Supplement).pdf
Objection of ePlus Group (Withdrawal).pdf
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Objection of Billy B. Wood

Objectors Billy B. Wood
Signers Billy B. Wood
Attorneys
Summary
  1. Minimum payment to class members is not listed in the notice
  2. Attorneys' fees are excessive.
Attachments Objection of Billy B. Wood.pdf
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Objection of Roger Bartnick

Objectors Roger Bartnick
Signers Roger Bartnick
Attorneys
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Roger Bartnick.pdf
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Objection of Russell Cobb

Objectors Russell Cobb
Signers Russell Cobb
Attorneys
Summary
  1. Notice does not specify the minimum award to class members.
  2. Attorneys' fees are excessive.
Attachments Objection of Russell Cobb.pdf
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Objection of Chase A. Thompson

Objectors Chase A. Thompson
Signers Chase A. Thompson
Attorneys
Summary
  1. Notice is deficient in that it does not clarify who qualifies as a class member.
  2. Attorneys' fees are excessive.
Attachments Objection of Chase Thompson.pdf
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Objection of Keena Dale

Objectors Keena Dale
Signers N. Albert Bacharach, Jr.
Attorneys N. Albert Bacharach, Jr.
Summary
  1. Attorneys' fees are excessive and improperly calculated. NOTE: Objector is also referred to as "Dale Keena" in court documents.
Attachments Objection of Keena Dale.pdf
Objection of Keena Dale to Special Masters' Report.pdf
Appeal of Keena Dale.pdf
Dismissal of Appeal.pdf
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Objection of Julius N. Dunmore, Jr

Objectors Julius N. Dunmore, Jr
Signers Julius N. Dunmore, Jr
Attorneys Paul S. Rothstein
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Julius N. Dunmore, Jr.pdf
Objection to Special Master Report.pdf
Appeal of Julius N. Dunmore, Jr.pdf
Dismissal of Appeal.pdf
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Objection of Derrick Harris

Objectors Derrick Harris
Signers Derrick Harris
Attorneys
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Derrick Harris.pdf
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Objection of Margot Bradley, Corporate Broadcast Company, Alex Martinez

Objectors Margot Bradley
Corporate Broadcast Company
Alex Martinez
Signers Brian M. Torres
Attorneys Brian M. Torres
Micah R. Jacobs
Summary
  1. Attorneys' fees are excessive and improperly calculated.
  2. Objectors moved for an award of attorneys' fees to their attorneys, which was denied by the court since they could not prove they had substantially affected the settlement.
Attachments Objection of Margot Bradley et al.pdf
Motion for Attorneys' Fees by Objector Margot Bradley et al.pdf
Denial of Attorneys' Fees for Objectors.pdf
Bradley Appeal.pdf
CBC Appeal.pdf
Martinez Appeal.pdf
Dismissal of Bradley Appeal.pdf
Dismissal of CBC Appeal.pdf
Dismissal of Martinez Appeal.pdf
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Objection of Ira Connor Erwin, Luis Mario Santana, Stefan Rest

Objectors Ira Connor Erwin
Luis Mario Santana
Stefan Rest
Signers Ira Connor Erwin
Luis Mario Santana
Stefan Rest
Attorneys Christopher A. Bandas
Summary
  1. Attorneys' fees are excessive.
  2. Plan of distribution is not clear.
  3. Class notice leaves too many unanswered questions.
  4. Class notice does not include a definition of the class.
  5. Class notice improperly expects class members to have Internet access.
Attachments Objection of Ira Conner Erwin.pdf
Objection of Luis Mario Santana.pdf
Objection of Stefan Rest.pdf
Objection to Attorneys' Fees by Ira Connor Erwin et al.pdf
Objection to Special Masters' Report on Attorneys' Fees.pdf
Objection to Special Masters' Report on Expenses.pdf
Motion to Perform Discovery by Objectors.pdf
Response to Motion to Compel Depositions.pdf
Appeal of Objector Ira Connor Erwin.pdf
Dismissal of Appeal.pdf
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Objection of Geri Maxwell, Maria Marshall, Wayne Marshall, Gerri Marshall

Objectors Geri Maxwell
Maria Marshall
Wayne Marshall
Gerri Marshall
Signers George W. Cochran
Attorneys George W. Cochran
Summary
  1. There is insufficient information available to determine whether settlement and attorneys' fees are fair and reasonable.
  2. Attorneys' fees are excessive.
  3. Residents of California should receive a larger portion of the settlement than residents of other states.
  4. Cy pres award recipients should be named in advance.
  5. Objections of the Marshall Objectors were withdrawn.
  6. Standing of final remaining objector, Geri Maxwell, was questionable since the product her claim was filed on had a plasma screen, not an LCD screen.
  7. Objectors moved for attorneys' fees for their attorneys, which was denied by the Court.
Attachments Objection of Geri Maxwell et al.pdf
Objection of Geri Maxwell et al (Supplement).pdf
Supplemental Objections to Allocation and Attorneys' Fees.pdf
Objection to Special Masters' Report.pdf
Motion for Attorneys' Fees by Objector Geri Maxwell et al.pdf
Response to Motion for Attorneys' Fees.pdf
Declaration of Standing by Geri Maxwell.pdf
Reply to Response to Motion for Attorneys' Fees.pdf
Denial of Attorneys' Fees for Objectors.pdf
Objection to Special Masters' Denial of Attorneys' Fees for Objector Attorneys.pdf
Withdrawal of Marshall Objections.pdf
Appeal of Pentz and Cochran Objectors.pdf
Dismissal of Appeal.pdf
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Objection of Shannon Cashion, W. Christopher McDonough, Kelly Kress, Mark Schulte

Objectors Shannon Cashion
W. Christopher McDonough
Kelly Kress
Mark Schulte
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Plan of allocation is unclear.
  2. Clear sailing provisions of the settlement are improper.
  3. Cy pres provisions are not clear.
Attachments Objection of Shannon Cashion et al.pdf
Supplemental Objection.pdf
Objection to Motion for Attorneys' Fees.pdf
Objection to Special Masters' Report.pdf
Appeal of Shannon Cashion et al.pdf
Dismissal of Appeal.pdf
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Objection of Andrea Pridham (nee Kane)

Objectors Andrea Pridham (nee Kane)
Signers Grenville Pridham
Mark T. Lavery
Attorneys Grenville Pridham
Mark T. Lavery
Summary
  1. Plan of allocation is not clear.
  2. Attorneys' fees are excessive.
  3. Plaintiffs' counsel improperly requests interim reimbursement of fees.
Attachments Objection of Andrea Kane.pdf
Objection of Andrea Kane (Part Two).pdf
Objection of Andrea Kane (Special Master).pdf
Response to Motion to Compel by Objector Andrea Kane.pdf
Motion for Attorneys' Fees for Objector Andrea Kane.pdf
Denial of Attorneys' Fees for Objectors.pdf
Objection to Denial of Fees by Objector Andrea Kane.pdf
Motion to Vacate by Objector Andrea Kane.pdf
Appeal of Objector Andrea Kane.pdf
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Objection of Barbara Cochran, Kevin Luke

Objectors Barbara Cochran
Kevin Luke
Signers John J. Pentz
Attorneys John J. Pentz
Summary
  1. Residents of New Hampshire are improperly excluded, while residents of Rhode Island are included.
  2. Residents of Hawaii and California should receive a higher percentage of the settlement fund than residents of other states.
  3. Notice is improper in that it requires objections to fees to be filed before the fee motion.
  4. Attorneys' fees are excessive and improperly calculated.
  5. At his deposition, Objector Kevin Luke stated that he had never interacted with John J. Pentz (Pages 30-31) and had not read the objection filed in his name or authorized it to be filed (Pages 69-70).
Attachments Objection of Barbara Cochran and Kevin Luke.pdf
Motion to Alter Judgement by Objector Barbara Cochran et al.pdf
Motion to Alter Judgement by Objector Barbara Cochran et al (Response).pdf
Motion to Alter Judgement by Objector Barbara Cochran et al (Dismissal).pdf
Response to Motion to Compel Depositions.pdf
Transcript of Deposition of Kevin Luke.pdf
Objection of Kevin Luke to Special Master's Report on Attorneys' Fees.pdf
Motion to Strike Objection of Kevin Luke.pdf
Response to Motion to Strike Objection of Kevin Luke.pdf
Reply to Response to Motion to Strike Objection of Kevin Luke.pdf
Order Denying Motion to Strike Objection of Kevin Luke.pdf
Appeal of Pentz and Cochran Objectors.pdf
Dismissal of Appeal.pdf
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Objection of Alison Paul, Johnny Kessel, Leveta Chesser

Objectors Alison Paul
Johnny Kessel
Leveta Chesser
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Attorneys' fees are excessive.
  2. No estimate of the harm suffered by class members is provided, making it difficult to assess the reasonableness of the settlement.
  3. Without a claim form, it is impossible to know if the claims process will be overly burdensome.
  4. The cy pres portion of the settlement is inadequate.
  5. Cy pres recipients must be named prior to the Final Approval Hearing.

  6. The Court ordered Objectors Alison Paul, Johnny Kessel, and Leveta Chesser to be made available for depositions.

  7. Johnny Kessel was deposed on 11/20/2012.

  8. At the deposition, Joseph Darrell Palmer repeated accused the deposing attorney of witness harassment and asking terrible questions. He also called the deposing attorney "pathetic" and a "knucklehead." (See Dep Transcript Pages 37, 39, 41, 53, 57). The intervention of the Special Master was repeatedly required to keep the deposition on track.

  9. At the sanctions hearing, Palmer stated that Objector Alison Paul (his wife) did not appear for a deposition because she felt harassed by the process server who served her during a showing of her artwork at a gallery. Palmer stated that he was not aware that he was defying a court order by not making his client available for a court ordered deposition (See Transcript of Hearing, Pages 8-9, 11-12).

  10. The Court found Objectors Paul and Chesser, as well as Attorney Palmer, in civil contempt and ordered the payment of sanctions.

  11. Palmer claimed financial hardship and only made limited payments towards his sanctions.

  12. In his explanation for his failure to pay sanctions, Palmer stated that he "[would] not succumb to a Zelle [plaintiff's attorney] payoff" for dropping his appeals.

Attachments Objection of Alison Paul and Johnny Kessel.pdf
Objection of Leveta Chesser and Johnny Kessel.pdf
Objection of Alison Paul and Johnny Kessel (Attorneys' Fees).pdf
Alison Paul and Johnny Kessel Objections to Special Master.pdf
Denial of Objections by Alison Paul and Johnny Kessel (Special Master).pdf
Motion for Sanctions against Objector Alison Paul, Leveta Chesser and Attorney Palmer.pdf
Response to Motion for Sanctions.pdf
Reply to Response to Motion for Sanctions.pdf
Order for Sanctions.pdf
Motion for Contempt and Failure to Pay Sanctions.pdf
Order to Pay Sanctions.pdf
Motion to Show Cause for Failure to Pay Sanctions.pdf
Reply to Motion to Show Cause for Failure to Pay Sanctions.pdf
Appeal of Objectors Alison Paul and Johnny Kessel.pdf
Appeal of Objectors Alison Paul and Leveta Chesser.pdf
Further Appeal of Alison Paul, Leveta Chesser, and Johnny Kessel.pdf
Dismissal of Appeal 1.pdf
Dismissal of Appeal 2.pdf
Dismissal of Appeal 3.pdf
Transcript of Deposition of Johnny Kessel.pdf
Transcript of Hearing for Sanctions.pdf
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