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Taylor & Patchen
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Order | Filed: April 30, 2024 | Entered: April 30, 2024 MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation
Anti-Trust | California Northern
Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions
ORDER RE: SUMMARY JUDGMENT BRIEFING; ORDER TERMINATING MOTIONS AS MOOT. Motions terminated: 6261 MOTION for Summary Judgment Unredacted Brief Included per DKT. 6234 filed by Irico Group Corporation, Irico Display Devices Co., Ltd., 6334 MOTION for Leave to File Surreply in Opposition to Irico Group Corp. and Irico Display Devices Co., Ltd.'s Motion for Summary Judgment, ECF No. 6261, filed by Indirect Purchaser Plaintiff Class, 6347 ADMINISTRATIVE MOTION for Leave to File Supplemental Evidence in Support of Defendants Irico Group Corp. and Irico Display Devices Co., Ltd.'s Opposition to Indirect Purchaser Plaintiffs Motion for Leave to File Surreply in Opposition to Ir filed by Irico Group Corporation, Irico Display Devices Co., Ltd., 6371 STIPULATION WITH PROPOSED ORDER re Summary Judgment Briefing filed by Indirect Purchaser Plaintiff Class, Irico Group Corporation, Irico Display Devices Co., Ltd.. Motions due by 5/10/2024. Responses due by 6/28/2024. Signed by Judge Jon S. Tigar on April 30, 2024. (mll, COURT STAFF) (Filed on 4/30/2024)
Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) -
Motion | Filed: April 26, 2024 | Entered: April 26, 2024 MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation
Anti-Trust | California Northern
Stipulation and Proposed Order
STIPULATION WITH PROPOSED ORDER re Summary Judgment Briefing filed by Irico Display Devices Co., Ltd., Irico Group Corporation. (Margulies, Jeffrey) (Filed on 4/26/2024)
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 B & R Supermarket, Inc., et al v. Visa, Inc. et al
Anti-Trust | New York Eastern
Order(Other)
ORDER re 793 Discover’s motion to compel arbitration and 844 American Express’ motion to compel arbitration. In light of the Second Circuit’s decision in Local Union 97, International Brotherhood of Electrical Workers v. Niagara Mohawk Power Corp., 67 F.4th 107 (2d Cir. 2023), the parties are directed to file supplemental briefing on or before May 7, 2024. The parties are directed to address the effect of Local Union 97 on their memoranda in support of and in opposition to the motions to compel arbitration. In addition, the parties are directed to specifically address the following:
(1) The Second Circuit clarified that “[u]nder Granite Rock, the presumption of arbitrability is a court’s last, rather than first, resort.” Local Union 97, 67 F.4th at 114. The parties should address whether the presumption applies in this case. See id. at 113 (“In the narrow set of circumstances where a court finds that the parties have entered into a valid and enforceable agreement to arbitrate, but the agreement is ‘ambiguous about whether it covers the dispute at hand,’ the court may apply a ‘presumption of arbitrability.’” (quoting Granite Rock Co. v. Int’l Bhd. of Teamsters, 561 U.S. 287 (2010))).
(2) In addition, the parties should address whether Local Union 97 casts doubt on other Second Circuit law permitting arbitrators to decide “gateway” questions of arbitrability, such as whether the dispute is covered by the arbitration clause. See Wells Fargo Advisors, LLC v. Sappington, 884 F.3d 392 (2d Cir. 2018) (permitting question of arbitrability to be determined by arbitrator where “clear and unmistakable” evidence showed that the parties intended arbitrator to determine arbitrability); Contec Corp. v. Remote Solution Co., 398 F.3d 205, 208 (2d Cir. 2005) (holding that arbitration rule providing arbitrator “power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement” delegated arbitrability questions to arbitrator (internal quotation marks omitted)).
Ordered by Judge Margo K. Brodie on 4/23/2024. (TSR, STS)
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