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Takiguchi v. MRI International, Inc.

United States District Court, D. Nevada

February 5, 2018

SHIGE TAKIGUCHI, FUMI NONAKA, MITSUAKI TAKITA, TATSURO SAKAI, SHIZUKO ISHIMORI, YUKO NAKAMURA, MASAAKI MORIYA, HATSUNE HATANO, and HIDENAO TAKAMA, individually and on behalf of all others similarity situated, Plaintiff,
v.
MRI INTERNATIONAL, INC., EDWIN J. FUJINAGA, JUNZO SUZUKI, PAUL MUSASHI SUZUKI, LVT, INC., dba STERLING ESCROW, and DOES 1-500, Defendants.

          JAMES E. GIBBONS Cal. State Bar No. 130631 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP ROBERT W. COHEN Cal. State Bar No. 150310 MARIKO TAENAKA Cal. State Bar No. 273895 LAW OFFICES OF ROBERT W. COHEN, A.P.C. Attorneys for Plaintiffs

          ELLROD, RAMIREZ, TRESTER LLP JAMES E. GIBBONS STEVEN J. RENICK Attorneys for Plaintiffs

          LAW OFFICES OF ROBERT W. COHEN A Professional Corporation OBERT W. COHEN MARIKO TAENAKA Attorneys for Plaintiffs

          PAUL HASTINGS LLP NICOLAS MORGAN Attorneys for Defendant Junzo and Paul Suzuki FOUNDATION LAW GROUP, LLP

          GREGG ZUCKER Attorneys for Defendant Suzuki Enterprise, Inc. Profit Sharing Plan

          HUTCHISON & STEFFEN, LLC Jacob A. Reynolds Attorneys for Defendant ICAG, Inc.

          HITZKE & ASSOCIATES ERICK FERRAN Attorneys for Defendants MRI International, Inc. and Edwin Y. Fujinaga

          STIPULATION AND ORDER ALLOWING FORMER CLASS MEMBER NAOMI UKEI TO WITHDRAW HER REQUEST FOR EXCLUSION AND REJOIN THE CLASS

         WHEREAS, on June 2, 2015, Plaintiffs filed a motion to certify the class as to defendants MRI International, Inc., Edwin Fujinaga, Junzo Suzuki, Paul Suzuki, and LVT, Inc. (Dkt. 255), which was granted on March 21, 2016 (Dkt. 404);

         WHEREAS, on May 5, 2016 the class definition was modified by way of stipulation (Dkt. 425), which was granted on May 6, 2016 (Dkt. 426); WHEREAS, on June 17, 2016, notice of class certification was mailed to class members;

         WHEREAS, on August 31, 2016, class member Naomi Ukei requested to be excluded from the class;

         WHEREAS, Defendants Junzo and Paul Suzuki and their affiliated entities (“Suzuki Defendants”) and trusts entered into a Settlement Agreement with Plaintiffs on December 11, 2017;

         WHEREAS, Paragraph 2.12 of the Settlement Agreement provides that as additional consideration of entering into the settlement, the parties will stipulate that investors who requested to be excluded from the Class following the notice of Class Certification be allowed to rejoin the Class, if they so request;

         WHEREAS, on June 22, 2017 Plaintiffs' counsel contacted class members who excluded themselves, inquiring as to whether they would be interested in withdrawing their request and to rejoin the class;

         WHEREAS, on June 25, 2017 Ms. Ukei requested that she be able to withdraw her request for exclusion and explained that she had not initially understood the consequences of requesting to be excluded from ...


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