Free Motion for Joinder - District Court of California - California

Case 3:07-cv-02589-PJH

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Filed 05/22/2007

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EDMUND G. BROWN JR. Attorney General of the State of California THOMAS GREENE Chief Assistant Attorney General KATHLEEN E. FOOTE Senior Assistant Attorney General State Bar No. 65819 EMILIO E. VARANINI Deputy Attorney General State Bar No. 163952 455 Golden Gate Avenue San Francisco, Ca. 94102 Telephone: (415) 703-5908 Fax: (415) 703-5480 Email: [email protected] Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 Case No.: MDL-02-1486 PJH 14 15 16 17 18 19 THIS DOCUMENT RELATES TO: 20 ALL INDIRECT PURCHASER ACTIONS 21 ALL AG ACTIONS 22 23 Pursuant to Local Rule 3-12 of the Local Rules for the United States District Court of Northern N.D. Cal. L. Rule 3-12 v. Case No.: C 07-1347 PJH WINBOND ELECTRONICS CO., Case No.: C 07-2589 MEJ Defendant. JOINT ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED THE STATE OF CALIFORNIA et al., Case No.: C 06-4333 PJH Plaintiffs, Case No.: C 06-6436 PJH

24 California, Plaintiff States and Winbond Electronics Co. (hereinafter "Winbond") jointly submit this 25 administrative motion to relate State of California et. al. v. Winbond Electronics Co., Case No. C

26 07-2589 MEJ to this Court for all purposes. This complaint was filed to effectuate the settlement 27 reached between the plaintiffs in the indirect purchaser lawsuits currently before this Court in Case 28 Nos. C 06-4333 PJH and C 07-1347 (Plaintiff States), and No. MDL 02-1486 PJH (various Indirect
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Purchaser Plaintiff actions), and Winbond. The allegations made by Plaintiff States in the

2 Complaint filed in State of California et. al. v. Winbond Electronics Co., C 07-2589 MEJ concern 3 one aspect of the conspiracy alleged in State of California et al. v. Infineon Technologies AG et. al.,

4 Case No. 06-4333 PJH, namely that part of the conspiracy occurring in Singapore between Winbond 5 and certain co-conspirators. These co-conspirators were also involved in the other aspects of the

6 world-wide conspiracy alleged in the Infineon case. 7 8 The relation of this case to those cases already before this Court is a necessary precursor to the filing of the Winbond settlement agreement and motion for preliminary approval by the Indirect

9 Purchaser Plaintiffs and the Plaintiff States, in this Court. See Declaration of Emilio E. Varanini 10 IV. It fosters the efficient and global resolution of all claims against Winbond. It also fosters the 11 efficient and coordinated litigation of the 41-state lawsuit filed by the Plaintiff States with the

12 Indirect Purchaser lawsuits.'13 For the reasons set forth above, we respectfully request that our administrative motion for the

14 relation of State of California et. al. v. Winbond Electronics Co., Case No. C 07-2589 MEJ be 15 granted.

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22 /// 23 24 25 26 27 28 1. Plaintiff States' Winbond case includes several States who are not part of the Infineon case currentlybefore this Court, notably the States of Connecticut, Montana, Missouri, New Jersey, South Dakota, and the District of Columbia. See Exh. 1 to Decl. of Emilio E. Varanini IV. However, these States are joining the case only for the purpose of participating in this (and possibly future) settlements. The addition of these States for purposes of reaching a global settlement with Winbond illustrates in a small way how the Plaintiff States' filing and litigation of a single case in this forum can be accomplished efficiently to aid this Court in reaching a comprehensive resolution of the DRAM cases. The Winbond settlement does not, however, include the State of New York.
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Dated: May 22, 2007 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California THOMAS GREENE Chief Assistant Attorney General KATHLEEN E. FOOTE Senior Assistant Attorney General

/S/ Emilio E. Varanini EMILIO E. VARANINI Deputy Attorney General Liaison Counsel for Plaintiff State Attorneys General

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