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

Filing 497

ORDER THAT PLAINTIFF'S MOTION TO APPROVE THE FORM AND MANNER OF NOTICE IS GRANTED AS SET FORTH ABOVE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/3/21. 12/3/21 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (mbh, )

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 3rd day of December, 2021, upon consideration of the End-Payor
Plaintiffs’ Second Motion for Approval of Form and Manner of Notice (Doc. No. 773),
Defendant’s Response (Doc. No. 776), and the End-Payor Plaintiffs’ Reply (Doc. No. 779), I find
as follows:
1. The Court has subject matter jurisdiction over this Action and has personal jurisdiction
over each of the parties,
2. The proposed form and manner of notice to members of the End-Payor Plaintiff Class set
forth in the Amended Proposed Class Action Notice Program, along with the proposed
methods of dissemination of notice described in the Amended Class Action Notice
Program, satisfy the requirements of Rule 23(e) and due process, are otherwise fair and

reasonable, and therefore are approved. Class Counsel shall cause notice via email and/or
first-class mail to those members of the Class who can reasonably and economically be
identified, and by publication in print media and digital media placements, as set forth in
the Amended Class Action Notice Program, as follows:
a.

Publication Notice: Shall commence within twenty-one (21) days of the date of

this Order and shall be completed within ninety (90) days after the date of this Order.
b.

Third-Party Payor (“TPP”) Direct Mail Notice: Shall occur within twenty-one

(21) days after the date of this Order.
c.

Subpoenas for names, addresses, and email addresses of potential Consumer

Class Members: Shall be served within twenty-one (21) days after the date of this Order
upon the top six PBMs, the ten largest TPPs, the top ten chain store pharmacies, and the
top five mail order pharmacies, as identified in the accompanying Memorandum Opinion.
d.

Consumer Class Direct Mail Notice: Shall occur within ninety (90) days after

the date of this Order.
e.

Opt-Out Period Close: Shall occur within forty-five (45) days after service of the

Consumer Class Direct Mail Notices.
3. The Court appoints A.B. Data, Ltd. to serve as Notice Administrator and to assist Class
Counsel in disseminating the Notice.
4. The Notice Administrator shall provide a Declaration of Completion of Notice
Dissemination to Class Counsel. Class Counsel shall file this Declaration with the Court.
5. The Notice Administrator shall provide copies of all Requests for Exclusion from the
Class to Class Counsel and Defendant’s Counsel as those are received. Class Counsel
shall file those Requests for Exclusion with the Court and under seal.

WHEREFORE, it is hereby ORDERED that Plaintiff’s Motion to Approve the Form and
Manner of Notice is GRANTED as set forth above.
BY THE COURT:

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