IN RE CAPACITORS ANTITRUST LITIGATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE CAPACITORS ANTITRUST MDL Case No. 17-md-02801-JD

LITIGATION

Case No. 14-cv-03264-JD .

ORDER RE FIFTH AMENDMENT

ASSERTIONS Re: MDL Dkt. Nos. 1030, 1045

12 Five witnesses affiliated with defendants asserted the Fifth Amendment privilege against self-incrimination and declined to answer any substantive questions when deposed during discovery by the direct purchaser plaintiffs (“DPPs”). The witnesses and their party affiliations are Satoshi Okubo (at different times, Matsuo and ELNA); Tomohiro Inoue, Shin Kinoshita and Hiroyuki Imai (ELNA); and Noriaki Kakizaki (NCC). The witnesses were executives employed by the affiliated defendants, and may know facts potentially material to the price-fixing allegations in this multidistrict litigation matter. A jury trial is scheduled to start on March 2, 2020. After discovery and all other pretrial proceedings had closed, and a few months before trial, defendants…