AGFA Corporation v. The Goldman Sachs Group, Inc. et al
Filing
216
ORDER: The Court hereby schedules the next telephonic conference in this case for Friday, May 22, 2020, at 10 a.m., using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662 Access Code: 468-4906, as further set forth in this order. (Telephone Conference set for 5/22/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/13/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jwh)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
13-MD-2481 (PAE)
and all related cases
IN RE ALUMINUM WAREHOUSING
ANTITRUST LITIGATION
ORDER
PAUL A. ENGELMAYER, District Judge:
The Court hereby schedules the next telephonic conference in this case for Friday, May
22, 2020, at 10 a.m., using the Court’s teleconference system.
Dial-in Number:
Access Code:
(888) 363-4749 or (215) 446-3662
468-4906
The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing
recent developments in the case, identifying the call participants for each side, setting forth dates
in June 2020 on which the necessary counsel would be available for an oral argument on the
pending class certification motion, and pointing the Court to any filing or document in the record
that lists the First Level Purchasers’ (“FLPs”) 286 proposed class members.
The Court further directs that counsel be prepared briefly to discuss the following issues
on the call: (i) whether and how the proposed 286 class members could be sorted into
“commercial and non-commercial purchasers,” Dkt. 1040 at 31; see, e.g., Dkt. 1157 at 26–27
(identifying individual issues and potential conflicts of interest among dissimilarly-situated
purchasers); (ii) whether and how the proposed class definition could be narrowed, or a subclass
could be created, to include only purchases based on an explicit Midwest Premium term in a
supply contract, compare id. at 25, with Dkt. 1194 at 36; and (iii) defendants’ proposal to narrow
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the class definition to eliminate purchases from suppliers other than Alcoa, Rusal, and Rio Tinto,
including (a) the impact of such a narrowing on the FLPs’ claimed damages and the Court’s
management of the case, and (b) how, if the Court did not so narrow the class, the FLPs would
prove antitrust impact and damages from such other purchases without obtaining additional
discovery, see Dkt. 1013 at 67–68.
SO ORDERED.
PaJA.�
____________________________
Paul A. Engelmayer
United States District Judge
Dated: May 13, 2020
New York, New York
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