Opinion
MDL Docket No. 1285, Misc. No. 99-197(TFH)
September 16, 2002
ORDER GRANTING PLAINTIFFS' MOTION TO AMEND THE CERTIFIED VITAMIN PRODUCTS CLASS DEFINITION
WHEREAS, on February 25, 2002, the Court certified this action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of two plaintiff classes — a Vitamin Products Class and a Choline Chloride Class; and
WHEREAS, the Vitamin Products Class, as certified, was defined as: All persons or entities who directlypurchased 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 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 their respective subsidiaries and affiliates.
and
WHEREAS, Vitamin B9 was inadvertently omitted from the definition of the certified Vitamin Products Class;
NOW, THEREFORE, IT IS HEREBY ORDERED that:
The Court's Order granting class certification, dated February 25, 2002, is hereby amended nunc pro tunc to include Vitamin B9 within the definition of the certified Vitamins Products Class.
The certified Vitamins Products Class is amended mine pro time to be defined as follows:
All persons or entities who directly purchased vitamins A, C, E, B1, B2, B3, B5, B6, B9, B12, H, beta carotene, astaxanthin, canthaxanthin, and/or vitamin prenaixes for delivery in the United States from any of 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 their respective subsidiaries and affiliates.
IT IS SO ORDERED.