• ALJ Luckern Grants Motion to Terminate the Investigation in Certain Light Emitting Diode Chips (337-TA-674)
  • December 15, 2009 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 1, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 29 (dated November 13, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the Order, ALJ Luckern granted a joint motion filed by Complainant Gertrude Neumark Rothschild and Respondent Dalian Lumei Optoelectronics Corporation (“Dalian Lumei”) based on a settlement agreement between the parties.

    According to the Order, the Commission Investigative Staff filed a response supporting termination of Dalian Lumei from the investigation based on the settlement agreement, and also termination of the investigation in its entirety.

    In granting the motion, ALJ Luckern found that the settlement agreement “ends the dispute between complainant and Dalian Lumei regarding the subject matter of this investigation, and both parties consent to its termination.”  ALJ Luckern further determined that the “public interest favors settlement of disputes to avoid needless litigation and to conserve resources.”

    ALJ Luckern also found in the Order that with “the termination of this investigation as to Dalian Lumei, all of the active respondents have been terminated due to settlements, consent orders (joint and unilateral), or by virtue of the withdrawal of the allegations in the complaint against them.”  Accordingly, ALJ Luckern determined that “granting complainant’s request to terminate the investigation in its entirety would conserve the resources of the Commission and complainant.”