1 UNITED STATES DISTRICT COURT 

 EASTERN DISTRICT OF MICHIGAN 

 2 SOUTHERN DIVISION 

 3 

 4 IN RE REFRIGERANT COMPRESSORS 

ANTITRUST LITIGATION Case No. 09-02042 

 5 _____________________________/ 

 6 STATUS CONFERENCE

BEFORE THE HONORABLE SEAN F. COX

 7 United States District Judge 

257 U.S. Courthouse 

 8 231 West Lafayette Boulevard

Detroit, Michigan 48226 

 9 

(Thursday, May 30, 2013)

10 

APPEARANCES: DAVID E. PLUNKETT, ESQUIRE 

11 Appearing on behalf of indirect purchaser 

plaintiffs. 

12

 DAVID H. FINK, ESQUIRE

13 E. POWELL MILLER, ESQUIRE 

Appearing on behalf of direct purchaser 

14 plaintiffs.

15 S. THOMAS WIENNER, ESQUIRE

 Appearing on behalf of direct purchaser

16 plaintiffs. 

17 EVA W. COLE, ESQUIRE

 Appearing on behalf of the Panasonic

18 defendants.

19 FRED K. HERRMANN, ESQUIRE

Appearing on behalf of the Panasonic 

20 defendants. 

21 EDWARD A. GELTMAN, ESQUIRE 

 Appearing on bhalf of the Tecumseh 

22 defendants. 

23 HOWARD B. IWREY, ESQUIRE 

BRIAN BYRNE, ESQUIRE 

24 SANFORD M. PASTROFF, ESQUIRE 

Appearing on behalf of the Embraco 

25 defendants. 

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 1 DENNIS BARNES, ESQUIRE

 Appearing on behalf of Defendant ACC USA,

 2 LLC. 

 3 JOHN W. ALLEN, ESQUIRE 

 JAMES M. ANDRIOLA, ESQUIRE

 4 Appearing on behalf of the Danfoss 

defendants. 

 5 

COURT REPORTER: MARIE J. METCALF, CVR, CM 

 6 257 U.S. Courthouse 

231 West Lafayette Boulevard 

 7 Detroit, Michigan 48226 

metcalf_court@msn.com 

 8

 9 

10 TABLE OF CONTENTS

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12 Proceedings - Thursday, May 30, 2013 

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 1 Detroit, Michigan

 2 Thursday, May 30, 2013

 3 At 3:10 p.m.

 4 * * * 

 5 DEPUTY COURT CLERK: The United States District Court

 6 is in session.

 7 Please be seated.

 8 The Court calls case number 09-md-2042, In re

 9 Refrigerant Compressors antitrust litigation.

10 And, counsel, we'll take your appearances for the

11 record, please?

12 MR. FINK: David Fink, appearing on behalf of direct

13 purchaser plaintiffs. And with me at counsel table is Powell

14 Miller.

15 THE COURT: Good afternoon. Mr. Plunkett?

16 MR. PLUNKETT: Judge, David Plunkett, appearing on

17 behalf of the indirect purchaser plaintiffs.

18 MR. WIENNER: Good afternoon, Your Honor. Tom

19 Wienner, also for the direct purchaser plaintiffs.

20 MR. ALLEN: John Allen, Varnum attorneys, for the

21 Danfoss defendants. With me is Mr. James Andriola.

22 MS. COLE: Eva Cole, on behalf of the Panasonic

23 defendants.

24 MR. IWREY: Howard Iwrey on behalf of the Embraco

25 defendants. With me is Brian Byrne and Sanford Pastroff.

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 1 MR. HERRMANN: Fred Herrmann on behalf of the

 2 Panasonic defendants.

 3 MR. GELTMAN: Ed Geltman on behalf of the Tecumseh

 4 defendants.

 5 MR. BARNES: And Dennis Barnes on behalf of ACC. 

 6 THE COURT: All right. What I'm going to do is, I

 7 have a question to ask everyone before we start. Does anyone

 8 have an objection to the direct purchaser's motion for

 9 preliminary approval of class action settlement between the

10 direct purchaser plaintiffs and the Tecumseh defendants, the

11 Embarco defendants and the Danfoss defendants? Anybody have an

12 objection?

13 All right. I don't hear any. Okay.

14 How about if I meet with plaintiff's counsel first,

15 okay, except indirect?

16 MR. PLUNKETT: Understood, Your Honor.

17 (Court in recess at 3:13 p.m.)

18 (Court in session at 4:17 p.m.)

19 COURT CLERK: All rise. The United States District

20 Court for the Eastern District of Michigan is back in session.

21 Please be seated. 

22 THE COURT: Okay. It was good meeting with all of

23 you. We do have a housekeeping issue, and I believe that the

24 direct purchaser plaintiffs and the indirect purchaser

25 plaintiffs may have a motion regarding dismissing Emerson

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 1 Climate Technologies, Inc., Copeland Corporation, LLC, CR

 2 Compressors, LLC, Scroll Compressors, LLC, and Bristol

 3 Compressors International, Inc. Am I mistaken?

 4 MR. FINK: Never, Your Honor. You're never mistaken,

 5 Your Honor.

 6 THE COURT: I'm sure that's your official position,

 7 but if you were walking across the street to the 24-hour grill

 8 with Mr. Miller, it may change. But go ahead.

 9 MR. FINK: Oh, no. Yes, Your Honor, we would like to

10 move to dismiss the entities -- the direct purchasers would

11 move to dismiss the entities that you have just identified,

12 Your Honor.

13 THE COURT: And, Mr. Plunkett, are you prepared to

14 take a position on behalf of the indirect purchasers?

15 MR. PLUNKETT: I am. Since none of those defendants

16 were named in our last amended complaint, I think it's

17 appropriate to dismiss those defendants.

18 THE COURT: All right. Thank you very much. That's

19 all I have for today, okay.

20 MR. FINK: Your Honor? I apologize. Could I ask the

21 Court a question? It doesn't have to be on the record, but I

22 just wanted to know if the Court was going to set argument for

23 the unopposed motion for preliminary approval. I don't know if

24 argument's necessary.

25 THE COURT: Yeah. I don't know. I just wanted to

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 1 get a feel for where everyone is today, and I do, and kind of

 2 an idea where we're going next, okay?

 3 MR. FINK: Thank you.

 4 MR. PLUNKETT: Thank you, Your Honor.

 5 COURT CLERK: Court's in recess.

 6 (Court in recess at 4:19 p.m.)

 7 * * * 

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15 C E R T I F I C A T I O N

16 I, Marie J. Metcalf, Official Court Reporter for the 

17 United States District Court, Eastern District of Michigan, 

18 Southern Division, appointed pursuant to the provisions of 

19 Title 28, United States Code, Section 753, do hereby certify 

20 that the foregoing is a correct transcript of the proceedings 

21 in the above-entitled cause on the date hereinbefore set forth. 

22 I do further certify that the foregoing transcript 

23 has been prepared by me or under my direction. 

24 s\Marie J. Metcalf 08-27-13

25 Marie J. Metcalf, CVR, CM (Date) 

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