STATE OF WISCONSIN et al v. INDIVIOR INC. et al

Filing 441

ORDER THAT DEFENDANTS' MOTION TO DISQUALIFY ROCHESTER DRUG CO-OPERATIVE, INC. IS DENIED. THE DIRECT PURCHASER PLAINTIFFS' MOTION TO APPROVE THE FORM AND MANNER OF THE NOTICE IS GRANTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/20/2021. 1/21/2021 ENTERED AND COPIES NOT MAILED AND E-MAILED.(SEE DOC 683 IN 13-MD-2445)(kp, )

Case 2:16-cv-05073-MSG Document 441 Filed 01/21/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
IN RE SUBOXONE (BUPRENORPHINE
:
MDL NO. 2445
HYDROCHLORIDE AND NALOXONE)
:
13-MD-2445
ANTITRUST LITIGATION
:
:
THIS DOCUMENT RELATES TO:,
:
:
Wisconsin, et al. v. Indivior Inc. et al.
:
Case No. 16-cv-5073
:
__________________________________________ :
STATE OF WISCONSIN
:
By Attorney General Brad D. Schimel, et al.
:
:
CIV. A. NO. 16-5073
Plaintiffs,
:
v.
:
:
INDIVIOR INC. f/k/a RECKITT BENCKISER
:
PHARMACEUTICALS, INC., et al.
:
:
Defendants.
:
____________________________________________:
ORDER
AND NOW, this 20th day of January 2021, upon consideration of (1) the Direct Purchaser
Class Plaintiffs’ Memorandum in Support of Motion to Approve the Form and Manner of Notice to
the Direct Purchaser Class (No. 13-md-2445, Doc. No. 641), Defendant’s Response (No. 13-md-2445,
Doc. No. 646), and the Direct Purchaser Class Plaintiffs’ Reply (No. 13-md-2445, Doc. No. 650); and
(2) Defendant’s Motion to Disqualify Rochester Drug Co-operative, Inc. (No. 13-md-244, Doc. No.
645), the Direct Purchaser Class Plaintiffs’ Response (Doc. No. 651), Defendant’s Reply (No. 13-md2445, Doc. No. 654), and Direct Purchaser Class Plaintiffs’ Sur-Reply No. 13-md-2445, Doc. No.
663), it is hereby ORDERED that:
1.

Defendant’s Motion to Disqualify Rochester Drug Co-Operative, Inc. as a class

representative for the Direct Purchaser Class (Doc. No. 645) is DENIED.
2.

The Direct Purchaser Plaintiffs’ Motion to Approve the Form and Manner of Notice to the

Direct Purchaser Class (Doc. No. 641) is GRANTED as follows:

Case 2:16-cv-05073-MSG Document 441 Filed 01/21/21 Page 2 of 3

a.

The Court appoints RG/2 Claims Administration LLC (“RG/2”) to serve as notice

administrator for the Direct Purchaser Class and to assist Class Counsel in disseminating the
Notice (the “Notice Administrator”). All expenses incurred by the Notice Administrator must
be reasonable and are subject to Court approval.
b.

The proposed notice program (individual mail by first-class mail) and form of notice

constitute the best notice to members of the Direct Purchaser Class that is practicable under the
circumstances, comply in all respects with the requirements of Fed. R. Civ. P. 23(c)(2), and are
in the interest of judicial economy and in the interest of justice;
c.

The proposed form of Notice to Class Members of the pendency of this Class Action

(attached as Exhibit 1 to Direct Purchaser Class Plaintiffs’ Notice Motion) satisfies the
requirements of Rule 23(c)(2) and due process, is otherwise fair and reasonable, and therefore
is approved.
d.

Lead Counsel for the Class shall cause the Notice substantially in the form attached as

Exhibit 1 to Direct Purchaser Class Plaintiffs’ Notice Motion to be disseminated by the Notice
Administrator by February 22, 2021 via first-class mail to the last known address of each
Direct Purchaser Class member. Direct Purchaser Class Plaintiffs will work with the Notice
Administrator to verify the addresses used for this mailing, and, if any of the Notices are
returned as undeliverable, the Notice Administrator will make any necessary follow-up efforts
to send Notice to the Class members.
e.

Members of the Direct Purchaser Class may request exclusion from the Direct Purchaser

Class in writing postmarked no later than April 9, 2021. Lead Counsel for the Class or their
designee shall monitor and record any and all opt-out requests that are received.
f.

No later than sixty-five (65) days after the date the Notice is mailed, the Notice

Administrator shall file a declaration confirming that notice has been provided to all Direct

Case 2:16-cv-05073-MSG Document 441 Filed 01/21/21 Page 3 of 3

Purchaser Class members as required herein and identifying the Direct Purchaser Class
members, if any, who have requested to be excluded from the Direct Purchaser Class.

BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.