In re New Motor Vehicles Canadian Export Antitrust Litigation

270 F.R.D. 30, 2010 U.S. Dist. LEXIS 106400, 2010 WL 4115081
District Court, D. Maine·Decided October 4, 2010·No. MDL No. 1532·Published·Cited by 1 cases

Opinion

ORDER CERTIFYING SETTLEMENT CLASSES FOR THE PURPOSE OF DISSEMINATING NOTICE

D. BROCK HORNBY, District Judge.

Upon consideration of:

• Plaintiffs’ Application for Certification of Settlement Classes for the Purpose of Disseminating Notice, Approval of Notice and Selection of Notice Administrator, and Setting of Final Approval Hearing Date for Proposed Settlements with Defendants Toyota Motor Sales, U.S.A., Inc., and Canadian Automobile Dealers’ Association (Sept. 30, 2009) (Docket Item 1042);
• Declaration of Joseph J. Tabacco, Jr., in Support of Plaintiffs’ Application for Certification of Settlement Classes for the Purpose of Disseminating Notice, Approval of Notice and Selection of Notice Administrator, and Setting of Final Approval Hearing Date for Proposed Settlements with Defendants Toyota Motor Sales, U.S.A., Inc., and Canadian Automobile Dealers’ Association (Sept. 30, 2009) (Docket Item 1043), and exhibits attached thereto;
• Declaration of Dennis Gilardi Re: Settlement Administration (Sept. 30, 2009) (Docket Item 1042-2), and exhibits thereto;
• Declaration of Dennis Gilardi Re: Design and Effectiveness of Notice Plan (Sept. 30, 2009) (Docket Item 1042-1);
• Declaration of Robert E. Hall, Ph.D., Regarding Certification of Settlement Classes (Oct. 1, 2009) (Docket Item 1047);
• Further Supplement to Plaintiffs’ Application for Certification of Settlement Classes for the Purpose of Disseminating Notice, Approval of Notice and Selection of Notice Administrator, and Setting of Final Approval Hearing Date for Proposed Settlements with Defendants Toyota Motor Sales, U.S.A., Inc., and Canadian Automobile Dealers’ Association (June 25, 2010) (Docket Item 1108);
[32]*32• Supplemental Declaration of Joseph J. Tabaeco, Jr., in Support of Further Supplement to Plaintiffs’ Application for Certification of Settlement Classes for the Purpose of Disseminating Notice, Approval of Notice and Selection of Notice Administrator, and Setting of Final Approval Hearing Date for Proposed Settlements with Defendants Toyota Motor Sales, U.S.A., Inc., and Canadian Automobile Dealers’ Association (June 25, 2010) (Docket Item 1108-1);
• Supplemental Declaration of Matthew D. Pearson in Further Support of Plaintiffs’ Application for Certification of Settlement Classes for the Purpose of Disseminating Notice, Approval of Notice and Selection of Notice Administrator, and Setting of Final Approval Hearing Date for Proposed Settlements with Defendants Toyota Motor Sales, U.S.A., Inc., and Canadian Automobile Dealers’ Association (June 25, 2010) (Docket Item 1110), and exhibits thereto;
• Supplemental Declaration of Dennis Gilardi Re: Settlement Administration (June 25, 2010) (Docket Item 1108-4), and exhibits thereto;
• Supplemental Declaration of Dennis Gilardi Re: Design and Effectiveness of Notice Plan (June 25, 2010) (Docket Item 1108-3); and
• The presentations made at the hearing of May 27, 2010 concerning the Procedural Order of February 18, 2010 (Hearing Transcript at Docket Item 1107) and the telephone conference held September 27, 2010 (Docket Item 1119);

and for the reasons articulated in the Court’s Memorandum Order and Decision on Plaintiffs’ Application for Certification of the Settlement Classes dated August 17, 2010 (Docket Item 1115), which is incorporated herein, IT IS HEREBY ORDERED:

1. The plaintiffs’ application for certification of the nationwide Toyota and CADA Settlement Classes (Docket Item 1042) is GRANTED as to the Rule 23(b)(3)1 settlement classes.

Definition of Settlement Classes

2. The Toyota Settlement Class is hereby CERTIFIED pursuant to Rule 23(b)(3) for the purpose of disseminating notice. The Toyota Settlement Class consists of:

All persons (excluding government entities, the Courts in the Litigated Actions, Defendants, their parents, subsidiaries, and affiliates, and their alleged co-conspirators) who purchased or leased a new motor vehicle manufactured by any Defendant from a United States Dealer in the United States during the period from January 1, 2001 to December 31, 2006.

3. The CADA Settlement Class is hereby CERTIFIED pursuant to Rule 23(b)(3) for the purpose of disseminating notice. The CADA Settlement Class consists of:

All persons (excluding government entities, the Courts in the Litigated Actions, Defendants, their parents, subsidiaries, and affiliates, and their alleged co-conspirators) who purchased or leased a new motor vehicle manufactured by any Defendant from a United States Dealer in the United States during the period from January 1, 2001 to December 31, 2006.

The Toyota Settlement Class and the CADA Settlement Class will be referred to herein together as “the Classes,” and the period January 1, 2001 to December 31, 2006 will be referred to as the “Class Period.”

Claims, Issues or Defenses Certifíed for Treatment on Class Basis

4. I hereby certify for treatment and resolution on a class basis plaintiffs’ claim under Section 4 of the Clayton Act, 15 U.S.C. § 15, for violation of Section 1 of the Sherman Act, 15 U.S.C. § 1.1 also hereby certify for treatment and resolution on a class basis the following issues or defenses that are each applicable to plaintiffs’ Clayton Act claim:

(a) Whether the defendants, and each of them, entered into and engaged in a combination and conspiracy to elevate or maintain at artificially high levels U.S. new vehicle prices by restraining a lower-priced channel of distribution [33]*33of Canadian exported vehicles into the United States;
(b) The identity of each of the participants in the alleged conspiracy;
(c) The duration of the alleged conspiracy and the nature and character of the defendants’ acts performed in furtherance of it;
(d) The effect of the alleged conspiracy on the listed and effective dealer invoice prices and listed and effective MSRPs of new vehicles sold in the United States during the Class Period;
(e) Whether there were arbitrage opportunities incentivizing Canada-to-U.S. new vehicle exports during the Class Period;
(f) Whether defendants would have employed export restraints during the Class Period in the absence of the alleged conspiracy;
(g) Whether the alleged conspiracy violated the Sherman Act § 1;
(h) Whether the actions in violation of the Sherman Act caused injury to members of the Classes;
(i) Whether class members have a right to recover damages under the Clayton Act for violation of the Sherman Act § 1;
(j) The amount of damages to be recovered by each class member and the method for distributing damages; and

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In re New Motor Vehicles Canadian Export Antitrust Litigation, 270 F.R.D. 30, 2010 U.S. Dist. LEXIS 106400, 2010 WL 4115081 (D. Me. 2010).

270 F.R.D. 30 (In re New Motor Vehicles Canadian Export Antitrust Litigation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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