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12-2328 - In Re: Pool Products Distribution Market Antitrust Litigation


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12-2328 - In Re: Pool Products Distribution Market Antitrust Litigation
September 7, 2012
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ORDER granting 145 MOTION for Leave to File Indirect Purchaser Plaintiffs' First Amended Class Action Complaint. The complaint is deemed amended effective September 5, 2012. Signed by Chief Judge Sarah S. Vance.(Reference: ALL CASES)(gec, ) Modified on 9/10/2012 to edit doc type (bbc, ).
April 11, 2013
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ORDER AND REASONS granted in part and denied in part the defendants' motions to dismiss direct-purchaser plaintiffs' claims. The Court grants defendants' motion to dismiss plaintiffs' Sherman Act Section 2 monopolization claim and plaintiffs' claim that defendants engaged in a per se illegal group boycott under Section 1 of the Sherman Act. The Court denies the motion to dismiss plaintiffs' Sherman Act Section 2 attempted monopolization claim and plaintiffs' Sherman Act Section 1 claims under the rule of reason. The Court also dismisses plaintiffs' claim that defendants fraudulently concealed their antitrust offenses.. Signed by Chief Judge Sarah S. Vance on 4/11/13.(Reference: ALL DIRECT-PURCHASER PLAINTIFF CASES)(jjs, )
May 24, 2013
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ORDER AND REASONS granting in part and denying in part 141 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 159 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Sarah S. Vance on 5/24/13. (Reference: ALL INDIRECT PURCHASER PLAINTIFF CASES)(jjs, )
June 5, 2013
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ORDER AND REASONS granting 245 FTC's Motion for intervention for the limited purpose of protecting privileged material from disclosure; granting in part and denying in part the FTC's 246 Motion for Protective Order by entering the Protective Order contained in this document. Signed by Chief Judge Sarah S. Vance on 6/5/13. (Reference: ALL CASES)(jjs, )
December 18, 2013
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ORDER AND REASONS - the Court GRANTS IN PART and DENIESIN PART defendants' motions 296298 to dismiss DPPs' claims of ahorizontal conspiracy and fraudulent concealment. DPPs' claim ofa horizontal conspiracy to raise free freight minimums may goforward, but plaintiffs' claim of a horizontal conspiracy toimpose onerous terms on buying groups is dismissed. The SCAC'sfraudulent concealment allegation is dismissed.. Signed by Chief Judge Sarah S. Vance on 12/18/13. (Reference: ALL DIRECT-PURCHASER PLAINTIFF CASES)(jjs, )
March 21, 2014
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ORDER AND REASONS denying MOTION 390 for Permission to Take the Deposition of Defendant Zodiac's Scott Ferguson filed by Direct Purchaser Plaintiffs' Liaison Counsel. Signed by Chief Judge Sarah S. Vance on 3/21/14.(Reference: ALL CASES)(jjs)
July 9, 2014
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ORDER AND REASONS granting 425 Motion to Strike the supplemental report by Dr. Gordan Rausser, expert for the Direct Purchaser Plaintiffs. Signed by Chief Judge Sarah S. Vance on 7/9/14. (Reference: ALL CASES)(jjs)
August 22, 2014
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ORDER AND REASONS - In the parties' Joint Report 441 identifying issues to be discussed at the August 14, 2014 status conference, Direct-Purchaser Plaintiffs' ("DPPs") requested that the Court revisit its previous Order concerning the supplemental report submitted by DPPs' economics expert, Dr. Gordon Rausser. For the reasons set forth in this order, the Court GRANTS DPPs' request and grants DPPs leave to submit Dr. Rausser's supplemental report, subject to the conditions set out in this order.. Signed by Chief Judge Sarah S. Vance on 8/22/14.(Reference: ALL CASES)(jjs)
December 22, 2014
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ORDER AND REASONS granting 501 MOTION for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Defendant Zodiac Pool Systems, Inc. and CERTIFIES the proposed settlement class. A detailed procedural order will be issued in conjunction with this opinion.. Signed by Chief Judge Sarah S. Vance on 12/22/14.(Reference: ALL DIRECT-PURCHASER PLAINTIFF CASES) (NEF: Mag 2)(jjs)
December 30, 2014
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ORDER AND REASONS granting 492 Motion to strike the supplemental report by Dr. Gordan Rausser. Signed by Chief Judge Sarah S. Vance on 12/30/14. (Reference: ALL CASES)(jjs)
December 31, 2014
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ORDER AND REASONS granting 500 Motion to preliminarily approve a class action settlement between IPPs and Hayward and a class action settlement between IPPs and Zodiac. A detailed procedural order will be issued in conjunction with this opinion.. Signed by Chief Judge Sarah S. Vance on 12/31/14. (Reference: ALL INDIRECT-PURCHASER PLAINTIFF CASES)(jjs).
February 26, 2015
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FINDINGS AND RECOMMENDATIONS granting 567 MOTION for Approval of Payment of Notice and Administration Expenses filed by Indirect Purchaser Plaintiffs' Liaison Counsel, 490 MOTION for Attorney Fees Incurred by the Special Master filed by Richard C Stanley as stated in document. Objections to R&R due by 3/12/2015. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/26/2015.(Reference: 12md2328)(cms)
March 13, 2015
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ORDER ADOPTING 600 REPORT AND RECOMMENDATIONS, all as more fully set forth in document. FURTHER ORDERED: Granting 567 MOTION for Approval of Payment of Notice and Administration Expenses filed by Indirect Purchaser Plaintiffs' Liaison Counsel as set forth in document. FURTHER ORDERED: Granting490 MOTION for Attorney Fees Incurred by the Special Master filed by Richard C Stanley as set forth in document. Signed by Chief Judge Sarah S. Vance on 3/13/2015.(Reference: All Cases)(mmm)
June 2, 2015
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ORDER AND REASONS - GRANTING DPPs' 624 Final Approval of the Settlements Between Direct Purchaser Plaintiffs and Hayward Industries, Inc., and Between Direct Purchaser Plaintiffs and Zodiac Pool Systems, Inc. The Court also orders that Class Counsel receive $3,316,667from the fund for reimbursement of litigation expenses 625.. Signed by Chief Judge Sarah S. Vance on 6/2/15.(Reference: ALL DIRECT-PURCHASER PLAINTIFF CASES)(jjs)
July 2, 2015
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7/2/15.(Reference: ALL CASES)(jjs)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 forthwith as to only Hayward and Zodiac.. Signed by Chief Judge Sarah S. Vance on
July 27, 2015
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ORDER & REASONS granting 622 Motion for Final Approval of Class Settlement; granting 623 Motion to Approve Deduction of Common Benefit Expenses and Class Administration Expenses, and to Approve Deduction and Allocation of Common Benefit Attorney Fees as more fully set forth in document. Signed by Chief Judge Sarah S. Vance on 6/27/2015. (Reference: All Cases)(mmm)
August 13, 2015
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ORDER & REASONS granting 665 Motion for Preliminary Approval of Settlement Between Direct Purchaser Plaintiffs and Defendant, Pentair Water Pool and Spa, Inc., and Certifies the proposed settlement class, all as more fully set forth in document. Signed by Chief Judge Sarah S. Vance on 8/13/2015. (Reference: All Cases)(mmm)
August 31, 2015
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ORDER AND REASONS granting 659 the Joint Motion for Preliminary Approval of Settlement and Certification of Settlement Class between IPPs and Pentair. A detailed procedural order will be issued in conjunction with this opinion.. Signed by Chief Judge Sarah S. Vance on 8/31/15. (Reference: ALL INDIRECT-PURCHASER PLAINTIFF CASES)(jjs)
January 20, 2016
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ORDER AND REASONS - the Court GRANTS DPPs' Motion 684 for Final Approval of the Settlement Between Direct-Purchaser Plaintiffs and Pentair Water Pool and Spa, Inc. The Court also orders that Class Counsel receive $2,000,000 from thesettlement fund for reimbursement of litigation expenses 685.. Signed by Judge Sarah S. Vance on 1/20/16. (Reference: ALL DIRECT PURCHASER PLAINTIFF CASES)(jjs)
January 27, 2016
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ORDER AND REASONS granting Pool's MOTION 516for Summary Judgment on the DPPs' Horizontal Conspiracy Claims. Signed by Judge Sarah S. Vance on 1/27/16.(Reference: ALL DIRECT PURCHASER PLAINTIFF CASES)(jjs)
February 22, 2016
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ORDER AND REASONS granting in part and denying in part 508 Motion to Exclude the testimony of Dr. Rausser. The Court excludes Dr. Rausser's opinion about (1) spatial integration, including his cointegration test; and (2) aggregate causation to demonstrate the effect of the alleged vertical conspiracies.. Signed by Judge Sarah S. Vance on 2/22/16. (Reference: ALL CASES)(jjs)
April 29, 2016
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ORDER AND REASONS the Court GRANTS Pools motions for summary judgment on plaintiffs claims of vertical conspiracies between Pool and Hayward, Pool and Zodiac, and Pool and Pentair 504506517.. Signed by Judge Sarah S. Vance on 4/29/16. (Reference: ALL DIRECT AND INDIRECT PURCHASER PLAINTIFF CASES)(jjs) Modified on 4/29/2016 (jjs).
May 12, 2016
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ORDER AND REASONS - denying MOTION 521 to exclude portions of two reports and related testimony of Dr. John H. Johnson, IV.. Signed by Judge Sarah S. Vance on 5/12/16.(Reference: ALL CASES)(jjs)
July 1, 2016
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ORDER AND REASONS granting 512 Motion by Defendants Pool Corporation, SCP Distributors LLC, and Superior Pool Products (collectively, Pool) 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. Signed by Judge Sarah S. Vance on 7/1/16. (Reference: ALL CASES)(jjs)