In re Disposable Contact Lens Antitrust Litigation

170 F.R.D. 524, 1996 U.S. Dist. LEXIS 20760, 1996 WL 776967
CourtDistrict Court, M.D. Florida
DecidedSeptember 5, 1996
DocketMDL No. 1030
StatusPublished
Cited by42 cases

This text of 170 F.R.D. 524 (In re Disposable Contact Lens Antitrust Litigation) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Disposable Contact Lens Antitrust Litigation, 170 F.R.D. 524, 1996 U.S. Dist. LEXIS 20760, 1996 WL 776967 (M.D. Fla. 1996).

Opinion

ORDER

SCHLESINGER, District Judge.

Before the Court is Defendants’ Motion to Dismiss Class Plaintiffs’ Consolidated Complaint for Failure to State a Claim (Doc. No. 28) and supporting memorandum (Doc. No. 29) , to which Plaintiffs filed a response (Doc. [527]*527No. 35), and Defendants were granted leave to refile a reply to Plaintiffs’ response (Doc. No. 43). Defendants’ Motion for Leave to File Supplemental Motion to Dismiss Plaintiffs’ Complaint (Doc. No. 97), which Plaintiffs oppose (Doc. No. 100), is DENIED, as the Court can decide Defendants’ motion on the record before it.

Also before the Court is Plaintiffs’ Motion for Class Certification (Motion) (Doc. No. 32) and supporting memorandum (Memorandum) (Doc. No. 33), to which Defendants filed a memorandum in opposition (Response) (Doc. No. 39) and Plaintiffs filed a reply memorandum (Reply) (Doe. No. 44). The Court held a hearing on both motions, including hearing extensive testimony from both parties’ experts on the motion for class certification. See Transcript of Hearing on Motions, Doe. Nos. 57-58.

BACKGROUND

Plaintiffs filed their Consolidated Complaint (Complaint) alleging that Defendants Johnson & Johnson Vision Products, Inc. (Vistakon), Bausch & Lomb, Inc. (B & L) and CIBA Vision Corporation (CIBA), the largest manufacturers of contact lenses in the United States, have unlawfully conspired among themselves and with two trade organizations 1 for eye care practitioners (ECPs), to restrict the supply of replacement contact lenses2 to alternative channels of distribution.3 Plaintiffs are contact lens wearers from across the country who have purchased replacement lenses from ECPs at “supra-competitive” prices, who have marked-up prices on replacement lenses as much as 100%. Complaint at f 1; Memorandum at 2.

MOTION TO DISMISS

Defendants move for dismissal on the grounds that Plaintiffs’ theory of injury does not provide them antitrust standing under the principles of Associated General Contractors of California, Inc. v. California State Council of Carpenters, 459 U.S. 519, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983). After reviewing the papei’S submitted and the relevant law, the Court finds that Defendants’ motion to dismiss (Doc. No. 28) is due to be and is DENIED. The Court has carefully considered the arguments propounded by Defendants in the related cases in this action, and has determined that Plaintiffs are not barred from bringing this action. See Doc. No. 57 in Case No. 94-1215-Civ-J-20 and Doc. No. 79 in Case No. 94-619-Civ-J-20. Accordingly, the Court will consider Plaintiffs’ motion to certify this case as a class action under Fed.R.Civ.P. 23(b)(3).

MOTION FOR CLASS CERTIFICATION

Plaintiffs seek to certify a putative class of replacement contact lens purchasers, defined as follows:

All purchasers of Vistakon, B & L and CIBA replacement contact lenses from eye care practitioners during the period 1988 to the present, excluding consumers in Florida represented by the Florida Attorney General in State of Florida v. Johnson & Johnson Vision Products, et al., Case No. 94-619-Civ-J-20.

Motion at [unnumbered] 1. Plaintiffs request that this action proceed as a class action, pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure.

Rule 23, Fed.R.Civ.P., sets forth the requirements for certifying and maintaining a class action. The rule provides, in pertinent part:

(a) Prerequisites to a Class Action. One or more members of a class may sue ... as representative parties on behalf of all only if (1) the class is so numerous that [528]*528joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(3) the Court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior over any other available method for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of the members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

Fed.R.Civ.P. 23(a), (b)(3). Thus, “[i]n order to maintain a suit as a class action, plaintiffs must show that the four prerequisites of Rule 23(a) have been met and that one of the provisions of Rule 23(b) applies.” In re Amerifirst Securities Litigation, 139 F.R.D. 423, 427 (S.D.Fla.1991) (citing Kirkpatrick v. J.C. Bradford & Co., 827 F.2d 718, 721 n. 2 (11th Cir.1987), cert. denied, 485 U.S. 959, 108 S.Ct. 1220, 1221, 99 L.Ed.2d 421 (1988)). The Court must further find that the class representative is a member of the class and that the class has been precisely defined. East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403, 97 S.Ct. 1891, 1896-97, 52 L.Ed.2d 453 (1977).

Those seeking to certify their suit as a class action bear the burden of establishing the specific prerequisites of Rule 23. Gilchrist v. Bolger, 733 F.2d 1551, 1556 (11th Cir.1984). In this sense, “[a] Court can only certify a class ‘after rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied.’ ” Kaser v. Swann, 141 F.R.D. 337, 339 (M.D.Fla.1991) (quoting General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 2372-73, 72 L.Ed.2d 740 (1982)). In In re Amerifirst, the court set forth the inquiry as follows:

[i]n determining whether the named plaintiffs have met their burden, the court’s inquiry is limited to whether the requirements of Rule 23 have been satisfied; therefore, the court shall not consider the merits of the plaintiffs claims. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78, 94 S.Ct.

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Bluebook (online)
170 F.R.D. 524, 1996 U.S. Dist. LEXIS 20760, 1996 WL 776967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disposable-contact-lens-antitrust-litigation-flmd-1996.