Coe v. Philips Oral Healthcare, Inc. et al

Filing 112

ORDER granting 96 Plaintiffs' motion to submit final Baumgarten transcript and re-submit motion for class certification with corrected citations to final transcript by Judge Marsha J. Pechman.(MD)

The Honorable Marsha J. Pechman

1
2
3
4

UNITED STATES DISTRICT COURT

5

WESTERN DISTRICT OF WASHINGTON
6

AT SEATTLE

7
Master Docket No. C13-518 MJP
8
9

In re PHILIPS ORAL HEALTHCARE
LITIGATION

10
11
12
13

This document relates to: All actions

ORDER ON PLAINTIFFS’ MOTION TO
SUBMIT FINAL BAUMGARTEN
TRANSCRIPT AND RE-SUBMIT
MOTION FOR CLASS CERTIFICATION
WITH CORRECTED CITATIONS TO
FINAL TRANSCRIPT

14
15

NOTE ON MOTION CALENDAR:
Friday, July 25, 2014

16
17
18
19
20
21
22
23
24
25
26

This matter is before the Court on plaintiffs’ motion to submit the final Baumgarten
transcript and re-submit their motion for class certification with corrected citations to the final
Baumgarten transcript (the “Motion”).
These documents were submitted with the Motion: Exhibit 1 is the Cantor supplemental
declaration (July 3, 2014), and Exhibit A-1 to the Cantor supplemental declaration is the final
Baumgarten transcript. Exhibit 2 is the re-submitted motion for class certification, as corrected.
Exhibit 3 is a redline showing changes in the corrected motion for class certification from the
previously filed version.
Having considered the Motion related briefing, and for good cause shown, the Court
ORDERS as follows:

27
ORDER ON MOT. TO
FILE DOCUMENT UNDER SEAL

-1-

1

1.

The Motion is GRANTED.

2

2.

The Court and parties will consider the final Baumgarten transcript, which is in

3

the Cantor supplemental declaration (July 3, 2014) as Exhibit A-1, as opposed to the uncertified

4

draft transcript, which is in the Cantor declaration (June 30, 2014) as Exhibit A.

5

3.

The Court and parties will consider the re-submitted corrected version of

6

Plaintiffs’ motion for class certification, which is Exhibit 2 to the Motion, as opposed to the

7

previously filed version that cited the draft Baumgarten transcript.

8
9

4.

The Stevick report is deemed modified as follows: On page 6 of the report (at

PDF page 10 of 36), in footnotes 13-14, the references to the draft Baumgarten transcript at

10

pages 90 and 141 shall instead refer to the final Baumgarten transcript at pages 89 and 140. (See

11

Motion at 3 n.2.)

12

IT IS SO ORDERED.

13

Dated this 30th day of July, 2014.

14

A

15

Marsha J. Pechman
Chief United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
ORDER ON MOT. TO
FILE DOCUMENT UNDER SEAL

-2-