Herring

Herring v. Teradyne, Inc.

Good Law
256 F. Supp. 2d 1118·2002 WL 32068318·2002 U.S. Dist. LEXIS 26489
United States District Court, Southern District of CaliforniaNovember 7, 2002CIV.01 CV 1835-L(JFS)California8,904 words

Opinion

Opinion

Lorenz, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

On October 28, 2002, this matter came on regularly for a hearing on Defendants’ motion for partial summary judgment. Timothy R. Pestotnik and Russell A. Gold of Luce, Forward, Hamilton & Scripps, LLP appeared for the Plaintiffs. Jordan D. Hershman of Testa Hurwitz & Thi-beault, LLP and Gregory A. Vega of Seltzer Caplan McMahon Vitek appeared for Defendants.

FACTUAL BACKGROUND

Plaintiff Robert Herring Sr. founded a company known as Herco Technology Corporation (“Herco”). (Second Amended Complaint (“SAC”) ¶ 1.) He ran the company since its inception with his sons, Plaintiffs Robert Herring Jr. and Charles Herring. Id. Herco prospered and became an attractive acquisition target as one of the last remaining independent, family-owned printed circuit board fabricators. Id. Beginning in March 2000, the Plaintiffs received multiple offers from other companies to acquire Herco. (SAC ¶¶ 1, 12.) In June 2000, Defendant Tera-dyne, Inc. (“Teradyne”) joined in the bidding. (SAC ¶¶ 2, 13.) Plaintiffs were represented in the transaction by Robert Copeland of Luce, Forward, Hamilton & Scripps LLP. Teradyne was represented by William…

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