American Sales Company, LLC v. Pfizer, Inc. et al

Filing 443

ORDER adopting #394 Report and Recommendations; granting in part #191 Motion to Certify Class by American Sales Company, LLC, Cesar Castillo, Inc., Rochester Drug Co-Operative, Inc.. This Court has reviewed the sound R&R (ECF No. 394) and hereby ADOPTS and APPROVES in full the findings and recommendations set forth therein. Accordingly, it is hereby ORDERED that Plaintiffs' Motion to Certify Class (ECF No. 191) is GRANTED IN PART as follows: this Court CERTIFIES a class of thirty-two members comprised of those direct purchasers of Celebrex that purchased generic and/or brand-name versions of the drug during the class period as specified in the Report. The ten proposed members that purchased only generic forms of the drug, and the two proposed members that purchased brand-name Celebrex only after generic entry, are EXCLUDED from the class. Signed by District Judge Arenda L. Wright Allen and filed on 8/24/17. (tbro)

UNITED StATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

AMERICAN SALES COMPANY, LLC,

on behalfofitselfand all others similarly situated,
Plaintiff,
V.

Civil Action No. 2:14cv361

PFIZER, INC., etal.
Defendants.
ORDER

This matter comes before the Court following the filing of Plaintiffs' Motion for Class
Certification (ECF No. 191) and corresponding Memorandum in Support filed on April 5, 2017.
Pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), this Court

designated United States Magistrate Judge Douglas E. Miller to submit to the undersigned

United States District Judge proposed findings of fact, if applicable, and a recommendation for
the disposition of this Motion. See ECF No. 225.

The parties were advised that any party could serve and file written objections to such
proposed findings and recommendations as provided by 28 U.S.C. § 636(b), Federal Rule of
Civil Procedure 72(b), and the Local Rules of this Court, within fourteen days after being served

with a copy of the Magistrate Judge's report.

The Magistrate Judge filed a Report and

Recommendation ("R&R") regarding this motion on July 28,2017. ECF No. 394.
The R&R concluded that Plaintiffs' Motion to Certify Class should be GRANTED IN

PART, and that this Court should certify a class of thirty-two members comprised of those direct

purchasers of Celebrex that purchased generic and/or brand-name versions of the drug during the

1

class period as specified in the Report. The Magistrate Judge further recommended that the ten
proposed members that purchased only generic forms of the drug, and the two proposed
members that purchased brand-name Celebrex only after generic entry, should be excluded from
the class.

The time for filing written objections has passed, and no party has filed objections.

As

indicated in the R&R, "failure to file timely objections to the findings and recommendations set
forth [in the R&R] will result in waiver of right to appeal" from a judgment or rulings from this
Court based on such findings and recommendations. Id. at 36. This Court has reviewed the
sound R&R (ECF No. 394) and hereby ADOPTS and APPROVES in full the findings and
recommendations set forth therein. Accordingly, it is hereby ORDERED that Plaintiffs' Motion
to Certify Class (ECF No. 191) is GRANTED IN PART as follows: this Court CERTIFIES a

class of thirty-two members comprised of those direct purchasers of Celebrex that purchased
generic and/or brand-name versions of the drug during the class period as specified in the Report.

The ten proposed members that purchased only generic forms of the drug, and the two proposed
members that purchased brand-name Celebrex only after generic entry, are EXCLUDED from

the class. The Clerk is DIRECTED to send a copy of this Order to all counsel of record and to
Magistrate Judge Douglas E. Miller.
IT IS SO ORDERED.

Arenda^TT-Wright Allen
United States District Judge
Norfolk, Virginia

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