Meijer, Inc. et al v. Abbott Laboratories

Filing 506

ORDER Regarding Plaintiffs' 501 MOTION For Preliminary Approval Of Settlement. Signed by Judge Claudia Wilken on 4/15/2011. (ndr, COURT STAFF) (Filed on 4/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 07-05985 CW

MEIJER, INC. & MEIJER DISTRIBUTION,
INC.; ROCHESTER DRUG CO-OPERATIVE,
INC.; and LOUISIANA WHOLESALE DRUG
COMPANY, INC., on behalf of
themselves and all others similarly
situated,

ORDER REGARDING
PLAINTIFFS’ MOTION
FOR PRELIMINARY
APPROVAL OF
SETTLEMENT

United States District Court
For the Northern District of California

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Plaintiffs,

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v.

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ABBOTT LABORATORIES,

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Defendant.
/

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Plaintiffs Meijer, Inc., et al., move for preliminary approval

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of their class action settlement with Defendant Abbott Laboratories

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and for approval of their proposed form of notice.

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oppose the motion.

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Abbott does not

The Court is inclined to require the parties to describe

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Plaintiffs’ proposed plan of allocation in the Notice of

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Settlement.

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purchased more Norvir® and/or Kaletra® will get more money than

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those who purchased less Norvir® and/or Kaletra®” and that each

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class member’s pro rata share will be based on “a Court-approved

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Plan of Allocation.”

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allocation plan does not appear in the settlement documents, and it

Currently, the Notice states that class members “who

Cramer Decl., Ex. D, at 7.

However, the

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is not apparent that class members will have the opportunity to

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review the plan before the objection deadline.

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As soon as possible, the parties shall address this issue in a
joint brief not to exceed five pages.
IT IS SO ORDERED.

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Dated: 4/15/2011
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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