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In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation

United States District Court, D. Massachusetts

December 14, 2017

IN RE SOLODYN (MINOCYCLINE HYDROCHLORIDE) ANTITRUST LITIGATION This Document Relates to Direct Purchaser Actions Civil Action No. 1:14-MD-2503-DJC

          ORDER

          DENISE J. CASPER, UNITED STATES DISTRICT JUDGE.

         WHEREAS, on October 16, 2017, this Court allowed Direct Purchaser Class Plaintiffs' Motion for Class Certification under Fed.R.Civ.P. 23(b)(3) (ECF 682) (the "Class Certification Order");

         WHEREAS, in the Class Certification Order, this Court certified pursuant to Fed.R.Civ.P. 23(b)(3) the below-listed class (the "Class");

All persons or entities in the United States and its territories, including Puerto Rico, who purchased (a) 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg brand or generic Solodyn tablets directly from any Defendant or other manufacturer at any time during the period July 23, 2009 through and including November 25, 2012 and/or (b) 55mg, 65mg, 80mg, 105mg, and/or 115mg brand Solodyn tablets directly from Medicis at any time from November 26, 2012 until November 30, 2015. Excluded from the Class are Defendants, and their officers, directors, management, employees, subsidiaries, or affiliates, and all federal government entities.

         WHEREAS, in the Class Certification Order, this Court found that the Direct Purchaser Class Plaintiffs satisfied the requirements of Fed.R.Civ.P. 23(a)(1), (a)(2), and (a)(3) by showing that the class is so numerous that joinder of all members is impracticable, there are questions of law or fact common to the class, and the claims or defenses of the representative parties are typical of the claims or defenses of the class (ECF 682 at 6 n.4, 11);

         WHEREAS, in the Class Certification Order, this Court found that the Direct Purchaser Class Plaintiffs satisfied the adequacy of representation requirements of Fed.R.Civ.P. 23(a)(4) by showing that the class representatives-Ahold USA, Inc. and Rochester Drug Co-Operative, Inc.-do not have any conflicts with other class members and by showing that class counsel is qualified and will vigorously prosecute this case (ECF 682 at 6 n.4);

         WHEREAS, in the Class Certification Order, this Court found that the Direct Purchaser Class Plaintiffs satisfied the predominance requirement of Rule 23(b)(3) (ECF 682 at 12-23);

         WHEREAS, Direct Purchaser Plaintiffs have requested that the Court approve their proposed form and manner of notice to the certified class informing them of the pendency of this class action and appoint Angeion Group, LLC as the notice administrator tasked with effectuating notice to each class member; AND

         WHEREAS, Defendants Medicis Pharmaceutical Corp. ("Medicis"), Impax Laboratories, Inc. ("Impax") have no opposition to the form or manner of notice;

         NOW THEREFORE, for the reasons set forth in the Class Certification Order, the Court hereby ORDERS that:

         1. Pursuant to Fed.R.Civ.P. 23(c)(1)(B) and 23(g), the Court hereby appoints the following counsel as Co-Lead Counsel for the Class ("Co-Lead Class Counsel"):

Thomas M. Sobol
Lauren Guth Barnes
Hagens Berman Sobol Shapiro ...

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