Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 1 of 14
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`Joseph R. Saveri (State Bar No. 130064)
`Steven N. Williams (State Bar No. 175489)
`Anupama K. Reddy (State Bar No. 324873)
`Christopher K.L. Young (State Bar No. 318371)
`Ryan Louie O. Manuel (State Bar No. 333022)
`JOSEPH SAVERI LAW FIRM, LLP
`601 California Street, Suite 1000
`San Francisco, California 94108
`Telephone: (415) 500-6800
`Facsimile: (415) 395-9940
`Email:
`jsaveri@saverilawfirm.com
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`swilliams@saverilawfirm.com
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`areddy@saverilawfirm.com
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`cyoung@saverilawfirm.com
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`rmanuel@saverilawfirm.com
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`Lead Counsel for the Direct Purchaser Class
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`IN RE CAPACITORS ANTITRUST
`LITIGATION
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`THIS DOCUMENT RELATES TO:
`DIRECT PURCHASER CLASS ACTION
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`Master File No. 3:17-md-02801-JD
`Civil Action No. 3:14-cv-03264-JD
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`DIRECT PURCHASER CLASS’S
`MOTION FOR AN ORDER
`AUTHORIZING DISTRIBUTION OF
`SETTLEMENT FUNDS FOR FOURTH
`ROUND SETTLEMENTS WITH
`DEFENDANTS AVX, ELNA, HOLY
`STONE, KEMET, PANASONIC,
`SHINYEI, SHIZUKI AND TAITSU
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`
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`Date: July 22, 2021
`Time: 10:00am
`Courtroom: 11, 19th Floor
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`Master File No. 3:17-md-02801-JD
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`Case No. 3:14-cv-03264-JD
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 2 of 14
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`NOTICE OF MOTION AND MOTION
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`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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`PLEASE TAKE NOTICE that on July 22, 2021 at 10:00 a.m., before the Honorable James
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`Donato, plaintiffs Chip-Tech, Ltd., Dependable Component Supply Corp., eIQ Energy, Inc., and
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`Walker Component Group, Inc., on behalf of themselves and the Direct Purchaser Class (the
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`“Class”), will move the Court for an order authorizing the distribution of settlement funds in
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`relation to the settlements with defendants AVX Corporation (“AVX”); ELNA Co., Ltd. and
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`ELNA America Inc. (collectively, “ELNA”); Holy Stone Enterprise Co., Ltd., Milestone Global
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`Technology, Inc. (D/B/A HolyStone International) and Vishay Polytech Co., Ltd. (collectively,
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`“Holy Stone”); KEMET Corporation and KEMET Electronics Corporation (collectively,
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`“KEMET”); Panasonic Corporation, Panasonic Corporation of North America, SANYO Electric
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`Co., Ltd., and SANYO North America Corporation (collectively, “Panasonic”); Shinyei Kaisha,
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`Shinyei Technology Co., Ltd., Shinyei Capacitor Co., Ltd. and Shinyei Corporation of America,
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`Inc. (collectively, “Shinyei”); Shizuki Electric Co., Inc. (“Shizuki”); and Taitsu Corporation and
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`Taitsu America, Inc. (collectively, “Taitsu”) (together, the “Settlements”; AVX, ELNA, Holy
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`Stone, KEMET, Panasonic, Shinyei, Shizuki, and Taitsu collectively, the “Settling Defendants”).
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`The Class’s motion is based on this Notice of Motion and Motion, the accompanying
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`Memorandum of Points and Authorities in support thereof, the Declaration of Joseph R. Saveri
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`dated June 15, 2021 (“Saveri Decl.”), the Declaration of Kendall S. Zylstra dated June 15, 2021
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`(“Zylstra Decl.”), the Court’s files and records in this matter, and such other matters as the Court
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`may consider.
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`Master File No. 3:17-md-02801-JD
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 3 of 14
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`TABLE OF CONTENTS
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`Page(s)
`I. INTRODUCTION .................................................................................................................... 1
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`II. BACKGROUND AND STATUS ............................................................................................ 1
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`III. ARGUMENT .......................................................................................................................... 5
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`A.
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`The Court Should Approve Distribution of the Fourth Round Settlement
`Funds ..................................................................................................................... 5
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`i. The Claims Administration and Audit Process Was Fair and Reasonable. .......... 6
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`ii. Availability and Proposed Distribution Schedule of Settlement Funds .............. 8
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`iii. Late Claims Should Be Approved and Paid....................................................... 9
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`B.
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`C.
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`The Court Should Approve Payment of Outstanding Claims Administration
`Expenses .............................................................................................................. 10
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`The Court Should Approve Pro Rata Distribution of Remaining Unclaimed
`Amounts to Settlement Class Members Based on Valid Purchases ...................... 10
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`IV. CONCLUSION ...................................................................................................................... 11
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`Master File No. 3:17-md-02801-JD
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 4 of 14
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`I.
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`INTRODUCTION
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`The Class has entered settlements with defendants AVX Corporation (“AVX”); ELNA Co.,
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`Ltd. and ELNA America Inc. (collectively, “ELNA”); Holy Stone Enterprise Co., Ltd., Milestone
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`Global Technology, Inc. (D/B/A HolyStone International) and Vishay Polytech Co., Ltd.
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`(collectively, “Holy Stone”); KEMET Corporation and KEMET Electronics Corporation
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`(collectively, “KEMET”); Panasonic Corporation, Panasonic Corporation of North America,
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`SANYO Electric Co., Ltd., and SANYO North America Corporation (collectively, “Panasonic”);
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`Shinyei Kaisha, Shinyei Technology Co., Ltd., Shinyei Capacitor Co., Ltd. and Shinyei Corporation
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`of America, Inc. (collectively, “Shinyei”); Shizuki Electric Co., Inc. (“Shizuki”); and Taitsu
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`Corporation and Taitsu America, Inc. (collectively, “Taitsu”) (AVX, ELNA, Holy Stone, KEMET,
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`Panasonic, Shinyei, Shizuki, and Taitsu collectively, the “Settling Defendants”; the settlements
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`collectively, “Settlements,” “Round 4 Settlements” or “Fourth Round Settlements”). See MDL
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`ECF No.1 1360. The Settlements consist of a non-contingent, all-cash fund of USD $232.05 million
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`($232,050,000), and any interest earned on that amount (the “Settlement Fund”). Id. at 1. The
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`procedure for submitting claims has been completed. The claims have been reviewed and audited,
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`including claims for incorporated capacitors in light of the Court’s orders adopting the Reports and
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`Recommendations of Special Master Bleich. The Settlement Funds are ready for distribution to the
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`Class. Accordingly, Class Counsel moves the Court for an Order permitting the distribution of
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`Round 4 Settlement Funds and requests that the Court authorize payment of the claims
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`administrator’s administration fees and expenses.
`II.
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`BACKGROUND AND STATUS
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`After conducting a fairness hearing, and with no objections to the settlement pending, the
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`Court entered an order on November 6, 2020, granting final approval of the Fourth Round
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`Settlements (the “Final Approval Order”). MDL ECF No. 1422. The Court reviewed the Report
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`and Recommendations of Special Master Ip, MDL ECF No. 1397, and granted the Class’s Motion
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`for Attorneys’ Fees and Reimbursement of Expenses, MDL ECF No. 1362, in relation to the
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`1 “MDL ECF No. __” citations to Case No. 17-md-02801-JD.
`Master File No. 3:17-md-02801-JD
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 5 of 14
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`Fourth Round Settlements. MDL ECF No. 1423. There were no appeals, and the Settlements are
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`now final. Saveri Decl., ¶ 7.2
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`Pursuant to the Court’s Final Approval Order, the notice plan has been completed.
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`Members of the Settlement Class, as defined in the Final Approval Order (MDL ECF No. 1422, ¶
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`3), have submitted claims to share in the Settlement Funds. The claims administrator, Rust
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`Consulting, Inc. (“Rust” or the “Claims Administrator”), has reviewed, analyzed, audited, and
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`processed the submitted claim forms. See Zylstra Decl., ¶ 7. The Class therefore requests that the
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`Court approve distribution of the Settlement Funds with all accrued interest, less attorneys’ fees
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`and reimbursement of costs and expenses. The Class proposes following procedures similar to
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`those the Court approved in its Orders Authorizing Distribution of Settlement Funds for the prior
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`rounds of Direct Purchaser Class settlements. MDL ECF No. 1495 (Order Authorizing
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`Distribution of Third Round Settlement Funds); MDL ECF No. 1481 (Order Authorizing
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`Distribution of Second Round Settlement Funds); MDL ECF No. 248 (Order Authorizing
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`Distribution of First Round Settlement Funds).
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`Settlement Class members were provided pre-populated claim forms using the sales data
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`produced by Defendants listing direct purchases of aluminum, tantalum, or film capacitors from
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`Defendants during the relevant settlement class period (i.e., January 1, 2002 through December 31,
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`2013). To participate in the Settlements, Settlement Class members were required to return signed
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`claim forms on or before August 28, 2020. See MDL ECF No. 1360, ¶ 17. Settlement Class
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`members were provided the opportunity to supplement their claims with additional direct
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`purchases of capacitors and supporting documentation.
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`Pursuant to the Court’s adoption of Special Master Bleich’s Report and Recommendation
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`(MDL ECF No. 821), and Supplemental Report and Recommendation (MDL ECF No. 995), Class
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`Counsel gave notice to all participating Class members of their right to supplement their claims in
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`relation to the Settlements with claims for incorporated capacitors on December 23, 2020, and
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`2 The Court has previously approved Round One, Round Two, and Round Three settlement
`distributions. MDL ECF Nos. 248, 1481, 1495. Pursuant to those Orders, the settlement funds
`have been distributed. See Saveri Decl., ¶ 21.
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 6 of 14
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`again on June 4, 2021 for those Class members participating in the Round 4 Settlements that did
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`not participate in the Round 3 Settlements. Saveri Decl., ¶ 13; Zylstra Decl., ¶ 5. Three Class
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`members submitted materials to supplement their claims with incorporated capacitor claims. Id. On
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`January 28, 2021, the Court adopted the Special Master’s Report and Recommendations Regarding
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`Valuation of Incorporated Capacitors Claims (the “Valuation R&R,” MDL ECF No. 1440). MDL
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`ECF No. 1475. At Class Counsel’s direction, and consistent with the Valuation R&R, the Claims
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`Administrator, reviewed, analyzed and audited each claimant’s pro rata share—including claims for
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`incorporated capacitors. See Zylstra Decl., ¶¶ 6-8.
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`Rust reviewed all submissions and notified claimants in writing of any denials or
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`adjustments to the submitted claims. Rust also provided every claimant with an opportunity to
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`dispute any denials or adjustments. Zylstra Decl., ¶ 7. Consistent with the Valuation R&R adopted
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`by the Court, MDL ECF Nos. 1440; 1475 (Order adopting Valuation R&R), Rust reviewed each
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`claimants’ pro rata share to account for the valuation of incorporated capacitor claims at 65% of
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`value of non-incorporated capacitor claims. Zylstra Decl., ¶ 5; see also MDL ECF No. 1475.
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`In conducting the audit, Class Counsel and Rust applied fair and objective criteria in
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`evaluating all Settlement Class member submissions that claimed purchases in excess of the pre-
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`populated amounts. The criteria applied by Class Counsel in performing its audit (described below
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`and in the accompanying Declarations attached hereto) were uniformly applied to ensure
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`Settlement Funds would be distributed fairly to verified Settlement Class members, including
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`claims for incorporated capacitors. Some Settlement Class members submitted supplemental non-
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`incorporated capacitor claims. Class Counsel denied these submissions or requested additional
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`information relating to the additional claimed purchases.3
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`3 The Claims Administrator received 618 completed claims. Of these, 479 have been deemed valid
`and have passed audit as required. The Claims Administrator rejected 54 duplicates; 42 which
`claimed $0 in purchases and were not supported by any records of qualifying purchases upon
`request; and 29 that were withdrawn or rejected for lack of authorization, lack of support for any
`relevant purchases, or because they had been filed inadvertently. Zylstra Decl., ¶ 7. A total of 16
`entities submitted claims requesting distributions greater than $1,000 above the allocable amount
`as calculated from the purchases pre-populated on the claim forms (and which had not already
`passed audit for the first or second round settlements). Id. During audit, the Claims Administrator
`determined that in six cases the additional purchases declared were of non-qualifying components,
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 7 of 14
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`The Claims Administrator has submitted outstanding invoices of $94,512.58 for
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`administration fees and $86,835.81 in expenses for publication notice ordered by the Court, for a
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`total amount of $181,348.39. Saveri Decl., ¶ 20; Zylstra Decl., ¶ 11. These expenses are in
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`connection with work concerning these Fourth Round Settlements and also with work related to
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`prior settlement rounds which have not previously been submitted for reimbursement.4 Id. Class
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`Counsel has reviewed the invoices and recommends reimbursement. Id. Class Counsel notes that
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`these costs are consistent with costs incurred in prior settlement rounds and recommends they be
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`paid from the Settlement Funds, consistent with payment of prior fees and costs incurred.
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`The Class should receive prompt distribution of Settlement Funds due to them. Indeed, the
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`Fourth Round Settlement Funds have been held in abeyance pending resolution of Settlement
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`Class members Cisco and Aptiv’s objections as related to the Fourth Round of Settlements.5 It is in
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`keeping with Federal Rule of Civil Procedure 23 and in furtherance of the interests of justice to
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`distribute Settlement Funds to Settlement Class members that have submitted valid claims. See also
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`Zylstra Decl., ¶¶ 7-10. The Class respectfully recommends that the Court order the immediate
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`payment of Settlement Funds to Settlement Class members whose claims have met the audit
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`standards, as described below. The Class also recommends that the Court order payment for
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`reimbursement of fees and costs to the Claims Administrator as described below.
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`were made indirectly through distributors, or lacked support in accordance with the audit
`standards. The Claims Administrator has determined, and Class Counsel agrees, that these six
`entities have not satisfied the audit standards, and the claims should be reduced. Id. The remaining
`10 entities are pending audit and a final determination of whether those claims should be reduced
`will be made within two weeks. Id.
`4 Prior requests for reimbursement have been approved by the Court and paid to the Claims
`Administrator pursuant to the Court’s orders. MDL ECF Nos. 248, 1178, 1481, 1495.
`5 The Court entered an order on September 15, 2020 regarding the withdrawal of Cisco and
`Aptiv’s objections to the Round 4 Settlements. MDL ECF No. 1398.
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 8 of 14
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`III. ARGUMENT
`A.
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`The Court Should Approve Distribution of the Fourth Round Settlement
`Funds
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`The Court should approve the allocation plan for distributing the Settlement Funds (the
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`“Allocation Plan”).6 See MDL ECF No. 1360. The Allocation Plan, which is identical to the plan of
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`allocation that the Court approved for the First Round, Second Round and Third Round
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`Settlements, see, e.g., ECF No. 1713, ¶ 12, provides that Settlement Funds are to be distributed
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`based on each claimant’s pro rata share of capacitors directly purchased from Defendants during
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`the relevant time period, MDL ECF No. 1360 at 15. In its Preliminary Approval Order, the Court
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`provisionally found the Class’s pro rata allocation plan to be “sufficiently fair, reasonable, and
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`adequate” and approved it. See MDL ECF No. 1340, ¶ 6. In distributing the Settlements according
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`to the Allocation Plan, the Claims Administrator will calculate the dollar value of each Settlement
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`Class member’s claim in proportion to the total claims submitted. MDL ECF No. 1360 at 14-15.
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`Class Counsel has secured from the Settlement Defendants all Settlement Funds, and the
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`Claims Administrator has complied with the Allocation Plan. Saveri Decl., ¶¶ 6, 8-9; Zylstra Decl.,
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`¶ 3. Interest in the amount of $548,359.17 on the Settlement Funds to be distributed to the Class
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`has accrued through June 1, 2021. Saveri Decl., ¶ 10.
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`Under the supervision of Class Counsel, the Claims Administrator analyzed, processed, and
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`completed an initial audit of the claim forms submitted by members of the Settlement Class to
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`ensure that they were properly submitted in accordance with the Court’s orders and the settlement
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`notices approved by the Court. Zylstra Decl., ¶ 6. Additionally, in order to facilitate the expeditious
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`disbursement of the Round 4 Settlement Funds, and at the direction and supervision of Class
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`Counsel, the Claims Administrator has reviewed, analyzed and audited each claimant’s pro rata
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`share to account for valid incorporated capacitor claims consistent with the Special Master’s
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`Valuation R&R. Id., ¶¶ 5-6.
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`6 The Court previously ordered any disputes over the Allocation Plan raised by Cisco and Aptiv
`would be resolved by reference to a special master if necessary. MDL ECF No. 1422, ¶ 12. No
`disputes were subsequently raised and there are no pending objections to the Allocation Plan.
`Saveri Decl., ¶ 5.
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`The Court has entered final judgments of dismissal for each of the Settling Defendants
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`(MDL ECF Nos. 1424-31) and granted the Class’s Motion for Attorneys’ Fees and Reimbursement
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`of Expenses (MDL ECF No. 1362). MDL ECF No. 1423. No appeals were filed, and the
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`Settlements are now final. Saveri Decl., ¶ 7.
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`The Court should therefore approve the distribution of available Settlement Funds to the
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`Settlement Class members that have submitted valid claim forms—including appropriately
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`discounted claims for incorporated capacitors.
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`i. The Claims Administration and Audit Process Was Fair and
`Reasonable.
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`The audit process has been conducted and completed according to the following review and
`audit standards:7
`a.
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`Rust checked whether claim forms were timely submitted and ensured that
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`they were signed by an appropriate representative.
`b.
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`If a submitted claim form accepted the amount of U.S. purchases that was
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`pre-populated in the claim form based on Defendants’ transactional data (or was based on
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`submitted commerce that had already passed audit for the First, Second, or Third Round
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`Settlements), the reported amount was used in calculating the submitting Settlement Class
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`member’s distribution under the Allocation Plan.
`c.
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`If a Settlement Class member claimed purchases in excess of the amount
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`reported in Defendants’ transactional data (or the amount that passed audit in the First,
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`Second, or Third Round Settlements), and such claim would have resulted in an increased
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`distribution of less than $1,000 from the Settlement Fund, the Claims Administrator
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`7 Class Counsel established the audit standards based on the recommendations set forth in the
`Manual for Complex Litigation (Fourth) § 21.66 (2004). Class Counsel previously set forth the
`audit standards in DPP’s motion requesting distribution of settlement funds for the First Round
`Settlements (MDL ECF Nos. 149, 149-1), Second Round Settlements (MDL ECF No. 1467), and
`Third Round Settlements (MDL ECF No. 1486). The audit standards are materially similar to the
`audit standards applied in the First, Second, and Third Round Settlements but have been updated
`with respect to claims that previously passed audit in prior rounds and to account for claims for
`incorporated capacitors consistent with the Court’s adoption of the Special Master’s Reports and
`Recommendations. Saveri Decl., ¶ 16.
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 10 of 14
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`required before accepting the claim a (i) summary report from the Settlement Class
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`members’ business records and (ii) certification that the claimed transactions related to
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`direct purchases of aluminum, tantalum or film capacitors (“Capacitors”) from Defendants
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`that were shipped to or invoiced to an address in the United States from January 1, 2002
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`through December 31, 2013 (the “Settlement Class Period”).
`d.
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`If a Settlement Class member claimed purchases in excess of the amount
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`reported in Defendants’ transactional data (or the amount that passed audit in the First,
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`Second, or Third Round Settlements), and such claim would have resulted in an increased
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`distribution of more than $1,000 from the Settlement Fund, then in addition to the report
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`and certification required under paragraph (c) above, the Claims Administrator and/or
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`Class Counsel requested relevant back-up (such as invoices, purchaser orders, payment
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`receipts, or screenshots from the company’s accounting or purchasing software) for a
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`random sampling of the reported transactions. For each of these claims, Class Counsel
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`reviewed the randomly selected back-up to (i) verify the integrity of the submitting Class
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`Member’s business report and (ii) confirm that the reported transactions related only to
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`direct purchases of Capacitors from Defendants that were shipped to or invoiced to an
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`address in the United States during the Settlement Class Period. In addition, Class Counsel
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`reviewed certain back-up submitted by Settlement Class members to double-check the work
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`performed by the Claims Administrator to ensure accuracy and compliance.
`e.
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`If a Settlement Class member provided satisfactory proof or a sworn
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`declaration that: (i) documentary evidence or business records substantiating qualifying
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`purchases of Capacitors have been destroyed for prior years (the “Gap Period”); (ii) there is
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`a reasonable explanation for such destruction; and (iii) the Settlement Class member made
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`qualifying purchases of Capacitors during the Gap Period reasonably consistent with the
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`volume of purchases made during the closes years where documentary evidence of
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`qualifying purchases are available, then a reasonable extrapolation for purchases during the
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`Gap Period will be permitted based on the average qualifying purchases for the closest years
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`with documented qualifying purchases.
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 11 of 14
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`Zylstra Decl., ¶ 4. Rust used substantially similar standards to evaluate claims for incorporated
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`capacitors. See id., ¶¶ 3-4.
`ii. Availability and Proposed Distribution Schedule of Settlement Funds
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`The Fourth Round Settlement Fund is comprised of a noncontingent all-cash fund of
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`$232,050,000, including: (1) AVX’s payment of $65,000,000; (2) ELNA’s payment of
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`$25,000,000; (3) Holy Stone’s payment of $28,000,000; (4) KEMET’s payment of $62,000,000;
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`(5) Panasonic’s payment of $45,000,000; (6) Shinyei’s payment of $2,950,000; (7) Shizuki’s
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`payment of $1,000,000; and (8) Taitsu’s payment of $3,100,000. All funds have already been paid
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`into an escrow account. The Settlement accounts have earned interest of $548,359.17. After
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`deducting attorneys’ fees and costs awarded by the Court,8 requested settlement administration
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`fees and expenses,9 and tax payments,10 there will be $151,928,340.37 available for distribution to
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`the Settlement Class in the escrow accounts. Saveri Decl., ¶ 12. A detailed accounting is provided
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`below:
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`8 $69,615,000 in attorneys’ fees and $9,548,764.41 in costs. MDL ECF No. 1423.
`9 $181,348.39. See Part III.B, infra.
`10 $1,296,906.00 in tax payments and estimated tax payments on the qualified settlement funds
`maintained in the settlement accounts were due as of April 15, 2021, which included taxes accrued
`on settlement funds distributed as part of the First, Second and Third Round distributions. Class
`Counsel’s accounting firm calculates an additional $20,000 in unpaid taxes to be paid on the
`remaining balances in the settlement accounts after the Round 4 distribution for 2021. Saveri Decl.,
`¶ 20.
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 12 of 14
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`AVX Settlement
`ELNA Settlement
`Holy Stone Settlement
`KEMET Settlement
`Panasonic Settlement
`Shinyei Settlement
`Shizuki Settlement
`Taitsu Settlement
`Total Round 4 Settlements
`Interest
`Total including Interest
`Attorneys’ Fees and Costs11
`Rust Expenses to be Reimbursed
`Anticipated Distribution Expenses to Rust
`Income Taxes Paid through April 15, 2021
`Estimated Unpaid Taxes for 2021
`Total Settlement Funds for Distribution
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`$65,000,000.00
`$25,000,000.00
`$28,000,000.00
`$62,000,000.00
`$45,000,000.00
`$2,950,000.00
`$1,000,000.00
`$3,100,000.00
`
`$548,359.17
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`($79,163,764.41)
`($181,348.39)
`($8,000.00)
`($1,296,906.00)
`($20,000.00)
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`$232,050,000.00
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`$232,598,359.17
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`$151,928,340.37
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`Class Counsel recommends that the Total Settlement Funds for Distribution be paid
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`without delay to all Settlement Class members whose claims have satisfied the audit standards—
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`including Class members with claims for incorporated capacitors.
`iii. Late Claims That Are Otherwise Valid and Eligible Should Be Approved
`and Paid
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`Rust recommends, and Class Counsel agrees, that the Court approve payment of certain
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`late-submitted claims that are otherwise valid and eligible for payment. Saveri Decl., ¶ 18.
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`A total of 72 claimants submitted claims that were otherwise eligible for payment after the
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`August 28, 2020 filing deadline set by the Court in its July 10, 2020 Preliminary Approval Order.
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`See MDL ECF No. 1340, Ex. A; Saveri Decl., ¶ 18; Zylstra Decl., ¶ 10. The amount of valid
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`commerce represented by the late claims is less than 4% of the commerce represented by timely
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`claims. Id. Because the claims represent valid purchases, it is in the interests of justice to pay them.
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`See, e.g., In re Orthopedic Bone Screw Prods. Liab. Litig., 246 F.3d 315, 316-317 (3d Cir. 2001).
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`Accordingly, Class Counsel recommends that the Court approve distribution of the Settlement
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`
`
`11 MDL ECF No. 1423.
`Master File No. 3:17-md-02801-JD
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 13 of 14
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`Funds to all authorized claimants that have satisfied the audit standards, including those who
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`submitted claims after the August 28, 2020 deadline.
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`B.
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`The Court Should Approve Payment of Outstanding Claims Administration
`Expenses
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`Rust has provided Class Counsel with an invoice in the amount of $94,512.58 in administration
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`fees and $86,835.81 in expenses for publication notice ordered by the Court. The administration
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`fees include fees Rust has incurred to date implementing the Court-approved notice plan,
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`processing, analyzing, and auditing submitted claim forms, calculating distributions to Settlement
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`Class members in accordance with the Allocation Plan, reviewing each claimants’ pro rata share
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`consistent with the Valuation R&R, and taking the necessary steps to disburse settlement proceeds
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`to each member of the Settlement Class submitting a valid claim form. It also includes a negotiated
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`set fee of $5,000.00 which is a reasonable estimate for future work in administering the settlement
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`fund to completion, including sending payment to Class members; and an additional $3,000, at
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`$500 per month for July-December 2021, for maintaining the settlement website, responding to
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`class member inquiries and paying bank fees through 2021. Saveri Decl., ¶ 19; Zylstra Decl., ¶ 11 &
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`Ex. A.
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`
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`Accordingly, the Class requests that the Court authorize payment of $189,348.39
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`($181,348.39 in expenses incurred plus $8,000 in anticipated distribution expenses) to the Claims
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`Administrator, in relation to the Fourth Round Settlements.
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`C.
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`The Court Should Approve Pro Rata Distribution of Remaining Unclaimed
`Amounts to Settlement Class Members Based on Valid Purchases
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`Class Counsel recommends, after the distribution of all valid claims, that the Court
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`authorize the pro rata distribution of the remaining Fourth Round Settlement Funds to all
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`Settlement Class members based on valid purchases, including valid purchases of incorporated
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`capacitors.
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`Master File No. 3:17-md-02801-JD
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`DIRECT PURCHASER CLASS’S MOTION FOR AN ORDER AUTHORIZING DISTRIBUTION OF FOURTH
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`Case 3:17-md-02801-JD Document 1525 Filed 06/15/21 Page 14 of 14
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`IV. CONCLUSION
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`For the foregoing reasons, the Class respectfully requests that the Court grant the motion
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`and enter an order authorizing the distribution of the Fourth Round Settlement Funds.
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`Dated: June 15, 2021
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`
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`
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`JOSEPH SAVERI LAW FIRM, LLP
`
`By:
`
`
`
`/s/ Joseph R. Saveri
`Joseph R. Saveri
`
`
`Joseph R. Saveri (State Bar No. 130064)
`Steven N. Williams (State Bar No. 175489)
`Anupama K. Reddy (State Bar No. 324873)
`Christopher K.L. Young (State Bar No. 318371)
`Ryan Louie O. Manuel (State Bar No. 333022)
`JOSEPH SAVERI LAW FIRM, LLP
`601 California Street, Suite 1000
`San Francisco, California 94108
`Telephone: (415) 500-6800
`Facsimile: (415) 395-9940
`Email: jsaveri@saverilawfirm.com
`
`swilliams@saverilawfirm.com
`areddy@saverilawfirm.com
`cyoung@saverilawfirm.com
`rmanuel@saverilawfirm.com
`
`
`
`
`Lead Counsel for the Direct Purchaser Class
`
`
`Master File No. 3:1