Opinion
MDL Docket No. 1285, Misc. No. 99-197 (TFH).
February 25, 2002
ORDER
For the reasons stated in the Memorandum Opinion issued this same day, the Court finds that plaintiffs have established that they meet the requirements of Rule 23(a) of the Federal Rules of Civil Procedure and that the classes are properly certified under Rule 23(b) subject to alteration or amendment under Rule 23(c), it is hereby
ORDERED that plaintiffs' motions for class certification are GRANTED. Accordingly, it is further
ORDERED that the classes are defined as follows:
Vitamin Products Class. All persons or entities who directly purchased vitamins A, C, E, B1, B2, B3, B5, B6, B12, H, beta carotene, astaxanthin, canthaxanthin, and/or vitamin premixes for delivery in the United States from any of the defendants or their co-conspirators from January 1, 1990 through September 30, 1998. Excluded from the class are all governmental entities, defendants, their co-conspirators, and all their respective subsidiaries and affiliates.
Choline Chloride Class. All persons or entities who directly purchased choline chloride from any defendant or their co-conspirators from January 1, 1988 through September 30, 1998. Excluded from the class are all governmental entities, defendants, and other manufacturers of vitamins, vitamin premixes and bulk vitamin products, and their respective subsidiaries and affiliates.
It is further
ORDERED that plaintiffs Animal Science Products, Inc., Midwestern Pet Foods, Inc., and Pilgrim's Pride Corp., are appointed class representatives for the Choline Chloride Class; and, that plaintiffs Animal Science Products, Inc., Midwestern Pet Foods, Inc., Shaklee Corp., Donaldson Hasenbein, Inc. t/a JR Feeds, Central Connecticut Cooperative Farmers' Association, Pilgrim's Pride Corp., United Cooperative Farmers, and, Allied Feed are appointed class representatives for the Vitamin Products Class. It is further hereby
ORDERED that notice of the class certification shall proceed in the same manner as the prior notices of proposed settlements. Class defendants shall produce to class plaintiffs their mailing lists whether for the current period or for the class period. Notice shall be mailed by first class mail to all those who have received notices related to this litigation and to those appearing on class defendants' mailing lists. Mailing shall be supervised by the Claims Administrator, who will also ensure appropriate publication of the notice in The Wall Street Journal, Feedstuffs, and Chemical Market Report. Notice shall be mailed within 30 days of class plaintiffs receipt of the mailing lists. Payment for notice shall be made by class counsel. Responses to the notice shall be directed to the Claims Administrator, with copies to one counsel for class plaintiffs and one for class defendants.