MDL - 2328 Pool Products Distribution Market Antitrust Litigation
Order
The Court issued an order granting Defendants Pool Corporation, SCP Distributors LLC, and Superior Pool Products (collectively, “Pool”) move for summary judgment on direct-purchaser plaintiffs’ claim of attempted monopolization under Section 2 of the Sherman Act and on indirect-purchaser plaintiffs’ related state-law claims.
Order
The Court issued an order granting Direct Purchaser Plaintiffs’ Consent Motion to Distribute Funds from the Hayward, Zodiac, and Pentair Settlements to Class Members. The total amount available to distribute to Class Members is $10,633,333.00. Garden City Group, having completed their review and audit, shall begin mailing settlement checks to the Class Members who submitted valid claims on or before July 22, 2016.
Order
The Court issued an order granting disbursement of funds to Bourgeois Bennett (Rec. Doc. No. 726).
Order
The Court issued an order granting disbursement of funds to the Special Master (Rec. Doc. No. 725).
Order
The Court issued an order granting disbursement of funds to the Special Master (Rec. Doc. No. 724).
Order
The Court issued an order granting disbursement of funds to the Class Counsel (Rec. Doc. No. 723).
Order
The Court issued an order denying plaintiffs’ motion to two reports and related testimony of Dr. John H. Johnson, IV.
Judgment
Judgment - Pursuant to Fed. R. Civ. P. 54(b), the Court finds that there is no just reason for delay and hereby directs the entry of this final judgment of dismissal, with prejudice, of Defendant Pentair in Kistler, et al. (No. 12-1284)
Judgment
Judgment - Pursuant to Fed. R. Civ. P. 54(b), the Court finds that there is no just reason for delay and hereby directs the entry of this final judgment of dismissal, with prejudice, of Defendant Pentair in Kistler, et al. (No. 12-1284)
Order
The Court issued an order granting approval of payment of claims administration expenses.
Order
The Court issued an order granting in part and denying in part the motion by Pool Corp., SCP Distributors and Superior Products to exclude the testimony of Dr. Gordon C. Rausser, an expert for the Direct-Purchaser Plaintiffs.
Order
The Court issued an order granting for Summary Judgment on the DPPs' Horizontal Sherman Act Section 1 Claims by Defendant, Defendants' Lead Counsel, Defendants' Liaison Counsel, Manufacturer Defendants' Liaison Counsel.
Order
The Court issued an order granting the Motions for Final Approval of Settlement Between Indirect Purchaser Plaintiffs and Defendant Pentair Water Pool and Spa, Inc. and for Approval of Attorneys’ Fees and Expenses.
Order
The Court issued an order granting the Motions for Final Approval of Settlement Between Direct Purchaser Plaintiffs and Defendant Pentair Water Pool and Spa, Inc. and for Reimbursement of Expenses by Direct Purchaser Plaintiffs' Liaison Counsel.
Order
The Court issued an order granting the Motion for Approval of Payment of Claims Administration Expenses by Indirect Purchaser Plaintiffs' Liaison Counsel.
November 2, 2015
54(b) Judgment of dismissal, with prejudice, of Defendants Hayward and Zodiac in Kistler, et al. (No. 12-1284). See Judgment for details.
September 14, 2015
The Court issued an order granting Indirect Purchaser Plaintiffs' Liaison Counsel's motion for disbursement of funds. The Court-appointed Escrow Agent, First NBC Bank, was ordered to disburse to Class Counsel the class representative amounts approved in the Court's order and reasons of July 27, 2015 from the IPP Hayward Zodiac settlement fund.
August 31, 2015
Procedural Order issued in conjunction with the Court's Order and Reasons dated August 31, 2015.
August 31, 2015 The Court issued an Order and Reasons granting the Joint motion by Indirect-Purchaser Plaintiffs, together with Pentair Pool & Spa, Inc., to preliminary approve a class settlement between IPPs and Pentair and for the Court to certify a class for the purpose of the Pentair Settlement.
August 24, 2015
Amended Order Appointing Special Master Richard C. Stanley.
August 24, 2015
The Court issued an Order granting Indirect Purchaser Plaintiffs' Motion to Expand the Scope of Appointment of the Special Master.
August 13, 2015
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for January 8, 2016, at 10:00 a.m.
August 13, 2015
Order and Reasons granting Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Pentair Water Pool and Spa, Inc. and certifying the proposed settlement class.
August 13, 2015
The Court issued Pretrial Order No. 40 directing IPPs and Pentair to provide the Court with disclosure of the substance of all side agreements; an identification of the proposed Escrow Agent and the qualifications of and the rate of compensation for the Escrow Agent; and an explanation of the apportionment plan and why it is fair and reasonable, including an explanation of the procedure to be used to value and pro-rate claims and a statement of incentive payments to be sought for class representatives no later than August 25, 2015.
July 10, 2015
Order and Reasons defering ruling on the Motion for Final Approval of Settlements between Indirect Purchaser Plaintiffs and Hayward Industries, Inc. and between Indirect Purchaser Plaintiffs and Zodiac until a supplemental joint memorandum providing the Court with a new list of potential cy pres entities has been submitted. See order for additional details and deadlines.
July 2, 2015
54(b) Judgment of dismissal as to only Hayward and Zodia. See Judgment for details.
June 22, 2015
Settlement Conference conducted on this date before Magistrate Judge Wilkinson. See Minute Entry for details.
June 2, 2015
Order and Reasons issued granting final approval of class action settlement.
May 14, 2015
Fairness Hearing held. See R. Doc. No. 650.
April 22, 2015
Oral argument held. See R. Doc. No. 643.
April 2, 2015
The Court issued Pretrial Order No. 39 after the April 1, 2015 status conference. The order address the Objections to the Summary Judgment Exhibits; Settlement Status; Fee Requests; and setting ORAL ARGUMENT on April 22, 2015, at 10:00 a.m. on Defendant's motion in limine to exclude the testimony of Dr. Rausser; Plaintiffs' motion in limine to exclude the testimony of Dr. Johnson; and Defendants' motion for summary judgment on DPPs' attempted monopolization claims.
March 20, 2015
Pretrial Order No. 38 was issued granting in part and denying in part DPPs motion to extend the deadlines established in PTO 30 for resolving objections to exhibits submitted in connection with summary judgment motions. Detailed information contained within the order.
March 13, 2015
Order adopting Findings and Recommendation granting motion for approval of payment of notice and administration expenses and granting motion for attorney fees. See order for details.
February 26, 2015
Findings and recommendation issued the by Magistrate Judge re: motion for payment of fees [rec. doc. no. 490] and motion for approval of payment of notice administration expense [rec. doc. no. 567]. See document for detailed information.
February 3, 2015
An order was issued setting forth deadlines for written oppositions to motions referred for the Magistrate Judge's determination. Detailed information contained within the order.
February 3, 2015
The Court issued Pretrial Order No. 37 resetting the status conference to April 1, 2015.
January 8, 2015
The Court issued Pretrial Order No. 36 re: fee requests, settlement status, objections to summary judgment exhibits, motions to seal, page limits for plaintiffs' joint reply to defendants' summary judgment motion regarding alleged vertical agreements. Detailed information contained within the order.
January 2, 2015
The Court issued Pretrial Order No. 35 granting DPPs' motion to strike the 75-Page So-Called 'Synthesis' of Dr. John H. Johnson, IV.
December 31, 2014
The Court issued Pretrial Order No. 34 granting DPPs' motion for leave to file a consolidated opposition to Three Motions for Summary Judgment by PoolCorp and Pentair relating to the Vertical Section 1 Claims.
December 31, 2014
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for May 14, 2015.
December 31, 2014
The Court issued an Order granting the motion for preliminary approval of settlement between the Indirect-Purchaser Plaintiffs and Defendants Hayward Industries and Zodiac Pool Systems, Inc. and certifies the proposed settlement class. Detailed procedure order to follow.
December 30, 2014
The Court issued an Order and Reasons granting the Motion to strike the supplemental report of Dr. Gordon C. Rausser.
December 22, 2014
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for May 14, 2015.
December 22, 2014
The Court issued an Order granting the motion for preliminary approval of settlement between the Direct Purchaser Plaintiffs and Defendant Zodia Pool Systems, Inc. and certifies the proposed settlement class. Detailed procedure order to follow.
November 14, 2014
The Court issued Pretrial Order No. 33 setting a status conference on November 20, 2014 at 10:00 a.m.
November 7, 2014
The Court issued Pretrial Order No. 32 setting forth deadlines for the filing of a response to defendants' motion to strike the supplement report of Dr. Rausser and for submission of motions for preliminary approval of settlements.
October 16, 2014
The Court issued Pretrial Order No. 31 modifying deadlines relevant to the proposed settlement between Haywood Industries and Direct Purchase Plaintiffs.
September 26, 2014
The Court issued an Order setting forth the procedures regarding certification of the class for the purpose of settlement only.
September 26, 2014
The Court issued an Order granting Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Hayward Industries and Certification of Class Settlement.
August 27, 2014
The Court issued an Pretrial Order No. 30 specifying conditions and restrictions with regards to the submission of Dr. Rausser's supplement report.
August 22, 2014
Special Master Richard C. Stanley appointed by Court order .
August 22, 2014
The Court issued an Order granting DPPs leave to submit Dr. Rausser's supplemental report, subject to conditions set forth in this order.
August 15, 2014
The Court issued Pretrial Order No. 29 setting forth rulings and deadlines discussed at the status conference held August 14, 2014.
August 12, 2014
The Court issued Pretrial Order No. 28 regarding sealing DPPs' response to Pretrial Order No. 27 .
July 23, 2014
The Court issued Pretrial Order No. 27 setting DPPs and Hayward and IPPs motions (Rec. Docs. No. 417 & 418) for preliminary approval of proposed case settlement for hearing on August 14, 2014, immediately following the previously scheduled status conference. Parties are directed to provide the information listed in PTO 27 by August 7, 2014.
July 9, 2014
The Court issued an Order granting Defendants' motion to strike the supplemental report of Dr. Gordan Rausser (Rec. Doc. No. 425).
July 8, 2014
The Court issued Pretrial Order No. 26 DPP's response to defendants' motion to strike (Rec. Doc. No. 425) due July 8, 2014.
July 8, 2014 The Court issued Pretrial Order No. 25 vacating Pretrial Order No. 24 with regard to the schedule for resolving disputes concerning the admissibility of summary judgment evidence. Page limits remain in effect. A chart regarding brief page limits is attached to this order.
June 4, 2014
The Court issued Pretrial Order No. 24 approving the parties' proposed schedule for resolving disputes concerning the admissibility of summary judgment evidence. Parties to comply with page limits for briefs as shown on the chart attached to the order.
May 13, 2014 The Court issued Pretrial Order No. 23 setting forth rulings discussed at the status conference held May 13, 2024 and resetting a future status conference for August 14, 2014 at 10:00 a.m.
February 13, 2014
The Court issued Pretrial Order No. 22 setting forth rulings discussed at the status conference held February 13, 2014 and resetting a future status conference for May 13, 2014 at 10:00 a.m.
December 18, 2013 The Court issued an Order granting in part and denying in part defendants' motions to dismiss DPPs' claims of a horizontal conspiracy and fraudulent concealment. DPPs' claim of a horizontal conspiracy to raise free freight minimums may go forward, but plaintiffs' claim of a horizontal conspiracy to impose onerous terms on buying groups is dismissed. The SCAC's fraudulent concealment allegation is dismissed.
November 25, 2013
The Court issued an Order granting DPP's Motion for Extension of Time to Meet and Confer to Resolve Privilege Assertions and Logs for Documents Being Withheld from Production.
November 19, 2013
The Court issued Pretrial Order No. 21 addressing the submission of monthly discovery reports and implementing protocols to resolve any future discovery issues.
October 21, 2013
Oral argument with counsel held this date. Motions taken under submission. See record doc. no. 333 .
October 21, 2013
The Court issued Pretrial Order No. 20 setting forth rulings discussed at the status conference held October 21, 2013.
August 20, 2013
The Court issued an Order resetting the Status Conference to October 21, 2013, at 2:00 p.m.
July 30, 2013
The Court issued an Order cancelling the August 1st Status Conference.
July 19, 2013
The Court issued an Order setting forth deadlines for filing of documents in conjunction with defendants’ Rule 37 sanctions and setting a Status Conference with Judge Vance and Magistrate Judge Wilkinson on August 1, 2013 at 11:00 a.m. in Judge Vance’s chambers.
July 18, 2013
The Magistrate Judge issued an Order regarding the deposition of Greg Howard.
July 16, 2013
The Court issued an Order granting Indirect Purchaser Plaintiffs’ motion for leave to file third amend complaint.
July 3, 2013
The issued Pretrial Order No. 19 clarifying its ruling set forth in Pretrial Order No. 18.
June 21, 2013
The Court denied DPPs’ motion to file Second Consolidated Amended Class Action Complaint under seal.
June 21, 2013
The Court issued Pretrial Order No. 18 setting forth rulings discussed at the status conference held June 20, 2013.
June 18, 2013
The Court grants DPPs’ motion for leave to file Second Consolidated Amended Class Action Complaint.
June 5, 2013
The Court issued an Order and Reasons addressing the Federal Trade Commission’s motion to intervene for the limited purpose of shielding privileged material from discovery and request for issuance of a protective order.
May 24, 2013
The Court issued an Order and Reasons addressing defendants’ motions to dismiss indirect-purchaser plaintiffs’ state law claims.
May 8, 2013
The Court issued an Order addressing FTC’s motion for a temporary stay of third-party discovery.
April 11, 2013
The Court issued Order and Reasons granted in part and denied in part the defendants’ motions to dismiss direct-purchaser plaintiffs’ claims.
March 7, 2013
The Court issued Pretrial Order No. 4A removing Hollis L. Salzman from the Plaintiffs’ Steering Committee and Plaintiffs’ Executive Committee and appointing Jay L. Himes in her stead.
March 7, 2013
The Court issued Deposition and Subpoena Guidelines Order .
March 7, 2013
The Court issued Pretrial Order No. 17 setting forth rulings discussed at the status conference held March 6, 2013.
February 8, 2013
The Magistrate Judge issued a Minute Entry quashing Pentair’s deposition notices and subpoenas and sets deadlines for submitting a proposed schedule to the Court as discussed at the telephone conference held this date.
December 7, 2012
The Court issued Pretrial Order No. 16 setting forth discovery deadlines discussed at the status conference held December 6, 2012.
November 6, 2012
The Court issued Pretrial Order No. 15 regarding disputed discovery requests raised by the parties in their joint discovery motion and at the discovery conference held on October 25, 2012.
October 25, 2012
The Court issued a Minute Entry setting the schedule discussed at the discovery conference held this date.
September 7, 2012
The Court issued an Order granting Indirect Purchaser Plaintiffs’ motion for leave to amend complaint.
September 5, 2012
The Court issued Pretrial Order No. 13 granting Indirect Purchaser Plaintiffs’ motion for leave to file amended complaint and setting forth a deadline for Defendants’ to file amendments to their motions to dismiss.
September 4, 2012
The Court issued Pretrial Order No. 12 memorializing its conference with Liaison Counsel.
Oral argument on motion to dismiss set for October 31, 2012 at 11:30 a.m.
August 3, 2012
Revised Protective Order issued by the Court.
July 27, 2012
The Court issued Pretrial Order No. 11 appointing Defendant Manufacturers’ liaison counsel.
July 26, 2012
Stipulation regarding protocol for production of FTC documents by Manufacturer Defendants.
July 25, 2012
The Court issued Order setting a telephone conference on July 30, 2012, at 10:00 a.m.
July 12, 2012
The Court issued Pretrial Order No. 10 memorializing its rulings and schedule as set forth at the July 11, 2012 status conference.
The next status conference set for September 6, 2012 at 2:00 p.m. in Judge Vance’s courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130.
July 6, 2012
The Court issued Pretrial Order No. 9 regarding time and expense submissions.
July 6, 2012
The Court issued Pretrial Order No. 8 regarding electronic service.
July 3, 2012
The Court issued Pretrial Order No. 7 regarding production of documents and electronic data.
June 25, 2012
Stipulated Protective Order issued by the Court.
June 15, 2012
The Court issued Pretrial Order No. 6 regarding non-waiver of privileged documents.
June 11, 2012
Stipulation regarding expert materials issued by Court.
June 4, 2012
The Court issued Pretrial Order No. 5 memorializing its rulings and schedule as set forth at the May 30, 2012 status conference.
Oral argument on motion to dismiss set for October 17, 2012 at 10:00 a.m.
The next status conference set for July 11, 2012 at 10:00 a.m. in Judge Vance’s courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130.
June 4, 2012 The Court issued Pretrial Order No. 2A requiring all counsel to provide current contact information to liaison counsel and to update such information on an ongoing basis.
May 29, 2012
The Court issued Pretrial Order No. 4 making the following appointments:
-
Plaintiffs' Steering Committee
Ronald Aranoff
Hollis L. Salzman
Robert N. Kaplan
Russ M. Herman
Linda P. Nussbaum
Scott R. Bickford
Arnold Levin
Daniel W. Krasner
Richard J. Arsenault
Douglas G. Thompson, Jr.
Matthew B. Moreland
Vincent J. Esades
-
Plaintiffs' Executive Committee
Russ M. Herman
Ronald J. Aranoff
Hollis L. Salzman
Robert N. Kaplan
May 29, 2012
The Court issued Pretrial Order No. 3 making the following appointment:
-
Defendants' Liaison Counsel:
William B. Gaudet, of Adams and Reese
May 29, 2012
The Court issued Pretrial Order No. 2 making the following appointments:
-
Direct Purchaser Plaintiffs' Liaison Counsel:
Russ Herman, of Herman, Herman, Katz & Cotlar, LLP
Camilo Salas, of Salas & Co., LP
-
Indirect Purchaser Plaintiffs' Liaison Counsel:
Thomas H. Brill
April 27, 2012
Conditional Transfer Order-1 received from the MDL Panel transferring four (4) civil actions to the Eastern District of Louisiana.
April 26, 2012
The Court issued a Disclosure regarding Quinn Emanuel Urquhart & Sullivan, LLP's appearance of counsel for the plaintiff in Handy Works Plus LLC v. Pool Corporation, et al , Civil Action No. 12-0061.
Any party who wishes to seek Judge Vance's disqualification under the circumstances stated in the Disclosure shall do so by appropriate motion within ten days of entry of this disclosure.
April 25, 2012
The Court issued Pretrial Order No. 1 scheduling an initial conference for May 30, 2012 at 10:00 a.m. in Judge Vance's courtroom, Room C279, United States Courthouse, 500 Poydras Street, New Orleans, LA 70130. The Court stated that the conference would be held for the purposes specified in Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f).
Counsel are encouraged to advise the Court by May 23, 2012 if there are items that should be added to the agenda.
Counsel for the plaintiffs and the defendants were ordered to submit separate written statements by May 23, 2012 indicating their preliminary understandings of the facts involved in the litigation and the critical factual and legal issues.
The Court stated that it will appoint liaison counsel for plaintiffs and for defendants. Counsel to confer by May 16, 2012 to seek consensus on the selection of a candidate for liaison counsel. Proposals for liaison counsel shall be submitted to the Court no later than May 23, 2012.
It is the Court's intention to appoint a Plaintiffs' Steering Committee. The Court ordered applications for these positions to be filed with the clerk's office on or before May 16, 2012. Any objections to be filed by May 23, 2012.
April 17, 2012
Order received from MDL Panel transferring civil action cases to the Eastern District of Louisiana.
Order
The Court issued an order granting Defendants Pool Corporation, SCP Distributors LLC, and Superior Pool Products (collectively, “Pool”) move for summary judgment on direct-purchaser plaintiffs’ claim of attempted monopolization under Section 2 of the Sherman Act and on indirect-purchaser plaintiffs’ related state-law claims.
Order
The Court issued an order granting Direct Purchaser Plaintiffs’ Consent Motion to Distribute Funds from the Hayward, Zodiac, and Pentair Settlements to Class Members. The total amount available to distribute to Class Members is $10,633,333.00. Garden City Group, having completed their review and audit, shall begin mailing settlement checks to the Class Members who submitted valid claims on or before July 22, 2016.
Order
The Court issued an order granting disbursement of funds to Bourgeois Bennett (Rec. Doc. No. 726).
Order
The Court issued an order granting disbursement of funds to the Special Master (Rec. Doc. No. 725).
Order
The Court issued an order granting disbursement of funds to the Special Master (Rec. Doc. No. 724).
Order
The Court issued an order granting disbursement of funds to the Class Counsel (Rec. Doc. No. 723).
Order
The Court issued an order denying plaintiffs’ motion to two reports and related testimony of Dr. John H. Johnson, IV.
Judgment
Judgment - Pursuant to Fed. R. Civ. P. 54(b), the Court finds that there is no just reason for delay and hereby directs the entry of this final judgment of dismissal, with prejudice, of Defendant Pentair in Kistler, et al. (No. 12-1284)
Judgment
Judgment - Pursuant to Fed. R. Civ. P. 54(b), the Court finds that there is no just reason for delay and hereby directs the entry of this final judgment of dismissal, with prejudice, of Defendant Pentair in Kistler, et al. (No. 12-1284)
Order
The Court issued an order granting approval of payment of claims administration expenses.
Order
The Court issued an order granting in part and denying in part the motion by Pool Corp., SCP Distributors and Superior Products to exclude the testimony of Dr. Gordon C. Rausser, an expert for the Direct-Purchaser Plaintiffs.
Order
The Court issued an order granting for Summary Judgment on the DPPs' Horizontal Sherman Act Section 1 Claims by Defendant, Defendants' Lead Counsel, Defendants' Liaison Counsel, Manufacturer Defendants' Liaison Counsel.
Order
The Court issued an order granting the Motions for Final Approval of Settlement Between Indirect Purchaser Plaintiffs and Defendant Pentair Water Pool and Spa, Inc. and for Approval of Attorneys’ Fees and Expenses.
Order
The Court issued an order granting the Motions for Final Approval of Settlement Between Direct Purchaser Plaintiffs and Defendant Pentair Water Pool and Spa, Inc. and for Reimbursement of Expenses by Direct Purchaser Plaintiffs' Liaison Counsel.
Order
The Court issued an order granting the Motion for Approval of Payment of Claims Administration Expenses by Indirect Purchaser Plaintiffs' Liaison Counsel.
November 2, 2015 Judgement
54(b) Judgment of dismissal, with prejudice, of Defendants Hayward and Zodiac in Kistler, et al. (No. 12-1284). See Judgment for details.
September 14, 2015 Order
The Court issued an order granting Indirect Purchaser Plaintiffs' Liaison Counsel's motion for disbursement of funds. The Court-appointed Escrow Agent, First NBC Bank, was ordered to disburse to Class Counsel the class representative amounts approved in the Court's order and reasons of July 27, 2015 from the IPP Hayward Zodiac settlement fund.
August 31, 2015 Order
Procedural Order issued in conjunction with the Court's Order and Reasons dated August 31, 2015.
August 31, 2015 Order
The Court issued an Order and Reasons granting the Joint motion by Indirect-Purchaser Plaintiffs, together with Pentair Pool & Spa, Inc., to preliminary approve a class settlement between IPPs and Pentair and for the Court to certify a class for the purpose of the Pentair Settlement.
August 24, 2015 Order
Amended Order Appointing Special Master Richard C. Stanley.
August 24, 2015 Order
The Court issued an Order granting Indirect Purchaser Plaintiffs' Motion to Expand the Scope of Appointment of the Special Master.
August 13, 2015 Order
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for January 8, 2016, at 10:00 a.m.
August 13, 2015 Order
Order and Reasons granting Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Pentair Water Pool and Spa, Inc. and certifying the proposed settlement class.
August 13, 2015 Order
The Court issued Pretrial Order No. 40 directing IPPs and Pentair to provide the Court with disclosure of the substance of all side agreements; an identification of the proposed Escrow Agent and the qualifications of and the rate of compensation for the Escrow Agent; and an explanation of the apportionment plan and why it is fair and reasonable, including an explanation of the procedure to be used to value and pro-rate claims and a statement of incentive payments to be sought for class representatives no later than August 25, 2015.
July 10, 2015 Order
Order and Reasons defering ruling on the Motion for Final Approval of Settlements between Indirect Purchaser Plaintiffs and Hayward Industries, Inc. and between Indirect Purchaser Plaintiffs and Zodiac until a supplemental joint memorandum providing the Court with a new list of potential cy pres entities has been submitted. See order for additional details and deadlines.
July 2, 2015 Judgment
54(b) Judgment of dismissal as to only Hayward and Zodia. See Judgment for details.
June 22, 2015 Minute Entry
Settlement Conference conducted on this date before Magistrate Judge Wilkinson. See Minute Entry for details.
June 2, 2015 Order
Order and Reasons granting final approval of a class action settlement between DPPs and Hayward and a class action settlement between DPPs and Zodiac and expenses awarded as provided in this order.
April 2, 2015 Order
The Court issued Pretrial Order No. 39 after the April 1, 2015 status conference. The order address the Objections to the Summary Judgment Exhibits; Settlement Status; Fee Requests; and setting ORAL ARGUMENT on April 22, 2015, at 10:00 a.m. on Defendant's motion in limine to exclude the testimony of Dr. Rausser; Plaintiffs' motion in limine to exclude the testimony of Dr. Johnson; and Defendants' motion for summary judgment on DPPs' attempted monopolization claims.
March 20, 2015 Order
Pretrial Order No. 38 was issued granting in part and denying in part DPPs motion to extend the deadlines established in PTO 30 for resolving objections to exhibits submitted in connection with summary judgment motions. Detailed information contained within the order.
March 13, 2015 Order
Order adopting Findings and Recommendation granting motion for approval of payment of notice and administration expenses and granting motion for attorney fees. See order for details.
February 26, 2015 Findings and Recommendation
Findings and recommendation issued the by Magistrate Judge re: motion for payment of fees [rec. doc. no. 490] and motion for approval of payment of notice administration expense [rec. doc. no. 567]. See document for detailed information.
February 3, 2015 Order
An order was issued setting forth deadlines for written oppositions to motions referred for the Magistrate Judge's determination. Detailed information contained within the order.
February 3, 2015 Order
The Court issued Pretrial Order No. 37 resetting the status conference to April 1, 2015.
January 8, 2015 Order
The Court issued Pretrial Order No. 36 re: fee requests, settlement status, objections to summary judgment exhibits, motions to seal, page limits for plaintiffs' joint reply to defendants' summary judgment motion regarding alleged vertical agreements. Detailed information contained within the order.
January 2, 2015 Order
The Court issued Pretrial Order No. 35 granting DPPs' motion to strike the 75-Page So-Called 'Synthesis' of Dr. John H. Johnson, IV.
December 31, 2014 Order
The Court issued Pretrial Order No. 34 granting DPPs' motion for leave to file a consolidated opposition to Three Motions for Summary Judgment by PoolCorp and Pentair relating to the Vertical Section 1 Claims.
December 31, 2014 Order
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for May 14, 2015.
December 31, 2014 Order
The Court issued an Order granting the motion for preliminary approval of settlement between the Indirect-Purchaser Plaintiffs and Defendants Hayward Industries and Zodiac Pool Systems, Inc. and certifies the proposed settlement class. Detailed procedure order to follow.
December 30, 2014 Order
The Court issued an Order and Reasons granting the Motion to strike the supplemental report of Dr. Gordon C. Rausser.
December 22, 2014 Order
The Court issued a Detailed Procedure Order re: class settlement and proposed settlement class. Fairness hearing set for May 14, 2015.
December 22, 2014 Order
The Court issued an Order granting the motion for preliminary approval of settlement between the Direct Purchaser Plaintiffs and Defendant Zodia Pool Systems, Inc. and certifies the proposed settlement class. Detailed procedure order to follow.
November 14, 2014 Order
The Court issued Pretrial Order No. 33 setting a status conference on November 20, 2014 at 10:00 a.m.
November 7, 2014 Order
The Court issued Pretrial Order No. 32 setting forth deadlines for the filing of a response to defendants' motion to strike the supplement report of Dr. Rausser and for submission of motions for preliminary approval of settlements.
October 16, 2014 Order
The Court issued Pretrial Order No. 31 modifying deadlines relevant to the proposed settlement between Haywood Industries and Direct Purchase Plaintiffs.
September 26, 2014 Order
The Court issued an Ordersetting forth the procedures regarding certification of the class for the purpose of settlement only.
September 26, 2014 Order
The Court issued an Order granting Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Hayward Industries and Certification of Class Settlement.
August 27, 2014 Order
The Court issued Pretrial Order No. 30 specifying conditions and restrictions with regards to the submission of Dr. Rausser's supplement report.
August 22, 2014 Order
Special Master Richard C. Stanley appointed by Court order.
August 22, 2014 Order
The Court issued an Order granting DPPs leave to submit Dr. Rausser's supplemental report, subject to conditions set forth in this order.
August 15, 2014 Order
The Court issued Pretrial Order No. 29 setting forth rulings and deadlines discussed at the status conference held August 14, 2014.
August 12, 2014 Order
The Court issued Pretrial Order No. 28 regarding sealing DPPs' response to Pretrial Order No. 27.
July 23, 2014 Order
The Court issued Pretrial Order No. 27 setting DPPs and Hayward and IPPs motions for preliminary approval of proposed case settlement for hearing on August 14, 2014 following the previously scheduled status conference. Parties are directed to provide the information listed in PTO 27 by August 7, 2014.
July 9, 2014 Order
The Court issued an Order granting Defendants' motion to strike the supplemental report of Dr. Gordan Rausser (Rec. Doc. No. 425).
July 8, 2014 Order
The Court issued Pretrial Order No. 26 DPP's response to defendants' motion to strike (Rec. Doc. No. 425) due July 8, 2014.
July 8, 2014 Order
The Court issued Pretrial Order No. 25 vacating Pretrial Order No. 24 with regard to the schedule for resolving disputes concerning the admissibility of summary judgment evidence. Page limits remain in effect. A chart regarding brief page limits is attached to this order.
Counsel must meet and confer in a good faith attempt
to resolve objections of any kind to the MSJ exhibits, and no later than January 14, 2015, submit a spreadsheet to the Court in the format set forth in the order.
The parties shall adhere to the schedule for attempting to resolve objections, as set forth in the order.
June 6, 2014 Order
The Court issued Pretrial Order No. 24 setting forth the schedule for resolving disputes concerning the admissibility of summary judgment evidence. A chart regarding brief page limits is attached to this order.
May 13, 2014 Order
The Court issued Pretrial Order No. 23 setting forth the rulings at the status conference held May 13, 2014.
February 13, 2014 Order
The Court issued Pretrial Order No. 22 setting forth the rulings at the status conference held February 13, 2014.
December 18, 2013 Order
The Court issued an Order granting in part and denying in part defendants' motions to dismiss DPPs' claims of a horizontal conspiracy and fraudulent concealment. DPPs' claim of a horizontal conspiracy to raise free freight minimums may go forward, but plaintiffs' claim of a horizontal conspiracy to impose onerous terms on buying groups is dismissed. The SCAC's fraudulent concealment allegation is dismissed.
November 25, 2013 Order
The Court issued an Order granting DPP's Motion for Extension of Time to Meet and Confer to Resolve Privilege Assertions and Logs for Documents Being Withheld from Production.
November 19, 2013 Order
The Court issued Pretrial Order No. 21 addressing the submission of monthly discovery reports and implementing protocols to resolve any future discovery issues.
October 21, 2013 Order
Oral argument on Motions held. See rec. doc. no. 333.
October 21, 2013 Order
The Court issued Pretrial Order No. 20 setting forth the rulings at the status conference held October 21, 2013.
August 20, 2013 Order
The Court issued an Order resetting the Status Conference to October 21, 2013 at 2:00 p.m.
July 30, 2013 Order
The Court issued an Order denying the Manufacturer Defendants’ Motion for Sanctions and cancelling the August 1, 2013 Status Conference.
July 19, 2013 Order
The Court issued an Order setting forth deadlines for filing of documents in conjunction with defendants’ Rule 37 sanctions and setting a Status Conference with Judge Vance and Magistrate Judge Wilkinson on August 1, 2013 at 11:00 a.m. in Judge Vance’s chambers.
July 18, 2013 Order
The Magistrate Judge issued an Order regarding the deposition of Greg Howard.
July 16, 2013 Order
The Court issued an Order granting Indirect Purchaser Plaintiffs’ motion for leave to file third amend complaint.
July 3, 2013 Pretrial Order No. 19
The Court issued Pretrial Order No. 19 clarifying its ruling set forth in Pretrial Order No. 18.
June 21, 2013 Pretrial Order No. 18
The Court issued Pretrial Order No. 18 setting forth rulings at the status conference held June 20, 2013.
June 5, 2013 Order
The Court issued an Order and Reasons addressing the Federal Trade Commission’s motion to intervene for the limited purpose of shielding privileged material from discovery and request for issuance of a protective order.
May 24, 2013 Order
The Court issued an Order and Reasons granting in part and denying in part defendants’ motions (R. Docs. 141 and 159) to dismiss indirect-purchaser plaintiffs’ state law claims.
May 9, 2013 Order
Order addressing FTC’s motion for a temporary stay of third-party discovery.
FTC to file its motion to intervene, motion for protective order, and supporting papers by May 22, 2013.
Any opposition to these motions must be filed by May 29, 2013. If the plaintiffs contend that any informants' identity has been previously disclosed to or obtained by them, they shall submit an affidavit identifying these informants.
April 11, 2013 Order and Reasons
Order and Reasons granted in part and denied in part the defendants’ motions to dismiss direct-purchaser plaintiffs’ claims.
March 7, 2013 Pretrial Order No. 4A
The Court issued Pretrial Order No. 4A removing Hollis L. Salzman from the Plaintiffs’ Steering Committee and Plaintiffs’ Executive Committee and appointing Jay L. Himes in her stead.
March 7, 2013 Order
The Court issued Deposition and Subpoena Guidelines Order.
March 7, 2013 Pretrial Order No. 17
The Court issued Pretrial Order No. 17 setting forth rulings discussed at the status conference held March 6, 2013.
February 8, 2013 Minute Entry
The Magistrate Judge conducted a telephone conference.
Ordered all 32 of Pentair’s deposition notices and subpoenas quashed for reasons stated in the Magistrate Judge’s Minute Entry.
No later than February 22, 2013, counsel must meet, confer and identify what depositions parties wish to take and from what 3rd parties each seeks to request document productions.
Counsel to submit to the Court by February 28, 2013, a proposed schedule as set forth in the Magistrate Judge’s minute entry.
Parties notified the Magistrate Judge they have agreed upon a private mediator, former United States District Judge Layn Phillips.
December 6, 2012 Pretrial Order No. 16
The Court issued Pretrial Order No. 16 setting forth discovery deadlines discussed at the status conference held December 6, 2012.
November 6, 2012 Pretrial Order No. 15
The Court issued Pretrial Order No. 15 regarding disputed discovery requests raised by the parties in their joint discovery motion and at the discovery conference held on October 25, 2012.
October 25, 2012 Minute Entry
The Court held a discovery conference.
By November 16, 2012, the parties to submit a joint statement memorializing each party’s discovery obligations in accordance with the Court’s orders from today’s conference.
By December 3, 2012, the parties shall submit a proposed case management order.
Oral argument on Motions to Dismiss reset to be held at 10:00 a.m on December 6, 2012 with a status conference to immediately follow.
October 16, 2012 Pretrial Order No. 14
The Court orders the parties to produce described discovery materials by 9:00 a.m. on October 17, 2012.
Defendants are ordered to produce copies of each subpoena and civil investigative demand issued by the FTC to Pool and Manufacturer defendants by noon on October 18, 2012.
Copies to be provide to both the Court and the Magistrate Judge.
September 7, 2012 Order
The Court grants Indirect Purchaser Plaintiffs’ motion for leave to amend their first amended class action complaint.
September 5, 2012 Pretrial Order No. 13
The Court grants Indirect Purchaser Plaintiff’s motion for leave to file amended complaint.
Defendants have until September 14, 2012 to amend their motions to dismiss.
Plaintiffs’ response and reply dates remain unchanged.
September 4, 2012 Pretrial Order No. 12
The Court issued an order memorializing today’s conference with Liaison Counsel.
Oral argument on defendants’ motion to dismiss set for October 31, 2012, at 11:30 p.m.
In light of this conference, the September 6, 2012 conference is cancelled.
August 3, 2012 Order
Revised Protective Order
July 28, 2012 Pretrial Order No. 11,
Defendant Manufacturers' Liaison Counsel Appointed
July 26, 2012 Order
Stipulation regarding protocol for production of FTC documents.
July 25, 2012 Order
The Court issued an order setting a telephone conference for Monday, July 30, 2012, at 10:00 a.m. CDT.
July 12, 2012 Pretrial Order No. 10,
The Court issued an order memorializing its rulings and schedule as set forth at the July 11, 2012 status conference.
The next Status Conference is set for September 6, 2012 at 2:00 p.m.
July 3, 2012 Pretrial Order No. 9,
Time and Expense Submissions
July 3, 2012 Pretrial Order No. 8,
Electronic Service
July 3, 2012 Pretrial Order No. 7,
Production of Documents and Electronic Data.
June 25, 2012 Order
Stipulated Protective Order.
June 15, 2012 Pretrial Order No. 6
Non-Waiver of Privilege Documents.
June 11, 2012 Order
Stipulation regarding expert materials.
June 4, 2012 Pretrial Order No. 5
The Court issued an order memorializing its rulings and schedule as set forth at the May 30, 2012 status conference. Oral argument on motion to dismiss set for October 17, 2012 at 10:00 a.m.
The next Status Conference is set for July 11, 2012 at 10:00 a.m.
June 4, 2012 Pretrial Order No. 2A
Amendment to Pretrial Order No. 2 requiring all counsel to provide current contact information to liaison counsel and to update such information on an ongoing basis.
May 29, 2012 Pretrial Order No. 4
Plaintiffs' Steering Committee (PSC) and Executive Committee Appointed
May 29, 2012 Pretrial Order No. 3
Defendants' Liaison Counsel Appointed
May 29, 2012 Pretrial Order No. 2
Direct and Indirect Purchaser Plaintiffs' Liaison Counsel Appointed
April 26th, 2012 Disclosure
The Court issued a Disclosure regarding Quinn Emanuel Urquhart & Sullivan, LLP's appearance of counsel for the plaintiff in Handy Works Plus LLC v. Pool Corporation, et al, Civil Action No. 12-0061.
April 25th, 2012 Pretrial Order No. 1
Notice to Interested Parties
Garden City Group to distribute settlement checks to Class Members who submitted valid claims.
Report (Defts)
October 2, 2013 Report (DPPs)
September 10, 2013 Report (DPPs)
September 10, 2013 Report (Defts)
September 3, 2013 Report (DPPs)
September 3, 2013 Report (Defts)
August 30, 2013 Report
August 2, 2013 Report (DPPs)
August 2, 2013 Report (Defts)
July 2, 2013 Report (DPPs)
July 2, 2013 Report (Defts)
June 17, 2013 Report
June 3, 2013 Report (DPPs)
June 3, 2013 Report (Defts)
May 2, 2013 Report (DPPs)
May 2, 2013 Report (Defts)
April 2, 2013 Report (DPPs)
April 2, 2013 Report (Defts)
February 28, 2013 Report
February 12, 2013 Report (Zodiac)
February 12, 2013 Report (Hayward)
February 12, 2013 Report (Pool)
February 12, 2013 Report (DPPs)
January 29, 2013 Report (Pool)
January 29, 2013 Report (DPPs)
January 29, 2013 Report (Zodiac)
January 29, 2013 Report (Hayward)
January 29, 2013 Report (Zodiac2)
January 29, 2013 Report (Pentair)
October 10, 2012 Report
September 5, 2012 Report
August 6, 2012 Report
July 24, 2012 Report
July 18, 2012 Report
July 6, 2012 Report
May 23, 2012 Report