Tech Data Corp. v. Hitachi, Ltd.

Good Law
27 F. Supp. 3d 1015·2014 U.S. Dist. LEXIS 35392
United States District Court, Northern District of CaliforniaMarch 13, 2014N.V., No. 13-cv-02776; Case No. C 07-5944 SC MDL No. 1917California5,170 words

Opinion

Lead Opinion

Conti, J.

*1018 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ JOINT MOTION TO DISMISS

I. INTRODUCTION

Now before the Court is the Defendants’ joint motion to dismiss claims asserted in the above-captioned cases 1 by Tech Data and Sharp. 2 The matter is fully briefed 3 and appropriate for decision without oral argument, per Civil Local Rule T — 1(b). As explained below, the Court GRANTS in part and DENIES in part the motion.

II. BACKGROUND

The parties are familiar with this case’s facts. Accordingly, the Court will only summarize some of the facts that are relevant to the instant motion, which only concerns whether any of Sharp or Tech Data’s claims are barred by an applicable statute of limitations, and whether any relevant tolling doctrines apply to avoid that bar.

The underlying antitrust conspiracy in this MDL — to fix prices of cathode ray tubes (“CRTs”) and products containing CRTs — is alleged to have lasted between March 1, 1995 and December 2007 (the “Relevant Period”). The plaintiffs in all of the MDL’s cases contend that Defendants kept the conspiracy secret, to avoid putting the plaintiffs (and anyone else) on notice. But on November 8, 2007, the European Commission…

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