NATIONAL EMPLOYEES HEALTH PLAN v. JOHNSON & JOHNSON et al

Filing 178

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION IS GRANTED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. A FINAL APPROVAL HEARING IS SCHEDULED FOR 2/27/23 AT 2:00 PM. SIGNED BY HONORABLE KAREN S. MARSTON ON 8/2/22. 8/2/22 ENTERED AND COPIES E-MAILED.(mbh)

Case 2:17-cv-04326-KSM Document 178 Filed 08/02/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE REMICADE ANTITRUST
LITIGATION

CIVIL ACTION
NO. 17-4326-KSM

ORDER
AND NOW, this 2nd day of August, 2022, upon consideration of Plaintiffs’ Uncontested
Motion for Preliminary Approval of Class Action Settlement (Doc. No. 172), and all documents
submitted in support thereof, it is ORDERED as follows:
1.

Plaintiff’s unopposed motion is GRANTED for the reasons set forth in the

accompanying Memorandum.
2.

The Court preliminarily approves the Settlement set forth in the Stipulation of

Settlement and Settlement Agreement (Doc. No. 172-4, Ex. 1), which appears to be the product of
serious, informed, and extensive arm’s-length negotiations between the Parties and appears to be
fair, adequate, and reasonable to the Settlement Class so as to fall within the range of possible final
approval.
3.

The Court approves the proposed form and content of the short form and long form

notices (Doc. Nos. 172-7, 172-8) and orders the Parties to proceed with dissemination of the
notices as provided in the Settlement Agreement and Notice Plan (see Doc. No. 172-11). The
Court finds that the proposed process for providing notice to the Class as set forth in the Settlement
Agreement fulfills the requirements of Federal Rule of Civil Procedure 23(c)(2)(A) and due
process, provides the best notice practicable under the circumstances, and will provide adequate
notice to all Class members.

Case 2:17-cv-04326-KSM Document 178 Filed 08/02/22 Page 2 of 2

4.

Plaintiffs Local 295 Employer Group Welfare Fund and National Employees Health

Plan are appointed to act as representatives of the Class pursuant to Rule 23 of the Federal Rules
of Civil Procedure.
5.

Robbins Geller is appointed as Class Counsel pursuant to Rule 23 of the Federal

Rules of Civil Procedure.
6.

Giraldi & Co., LLC is hereby appointed to serve as the Settlement Administrator

and shall be responsible for administering the settlement in accordance with the terms of the
Settlement Agreement.
7.

All claim forms, opt-out requests, and objections shall be due within 120 days after

the date of this Order.
8.

Thirty (30) days prior to the deadline for submitting claim forms, opt-out requests,

and objections, Class Counsel will file with the Court any motion for attorneys’ fees and costs and
any motion for a service award for class representatives.
9.

The Settlement Administrator will file proof with the Court that notice was provided

in accordance with the Agreement and this Order by February 6, 2022.
10.

Upon passage of the deadline for claims forms, opt-out requests, and objections,

Class Counsel shall promptly file a motion for final settlement approval.
11.

A Final Approval Hearing is scheduled for Monday, February 27, 2023, at 2:00

p.m., in Courtroom TBD of the James A. Byrne United States Courthouse, 601 Market Street,
Philadelphia, PA.
IT IS SO ORDERED.
/s/ Karen Spencer Marston
_______________________________
KAREN SPENCER MARSTON, J.