In re Tableware Antitrust Litigation

241 F.R.D. 644, 2007 U.S. Dist. LEXIS 21166, 2007 WL 781961
District Court, N.D. California·Decided March 13, 2007·No. No. C-04-3514 VRW·Published·Cited by 10 cases

Opinion

ORDER

WALKER, Chief Judge.

Plaintiffs in these consolidated cases allege that May Department Stores Co. (“May”) and Federated Department Stores, Inc (“Federated”), which operate department stores across the United States, and Lenox, Inc (“Lenox”) and Waterford Wedgwood, USA (“Waterford”), both of which produce fine tableware sold in the United States, conspired with one another to boycott Bed, Bath and Beyond, a competitor of May and Federated. Plaintiffs bring suit under § 1 of the Sherman Act, alleging that defendants’ conduct is condemned per se. By separate order, the court has denied summary judgment for Federated and May, granted summary judgment for Waterford and set the matter for trial on June 11, 2007.

On November 17, 2006, plaintiffs moved for class certification. Doc # 116; Doc # 128. For reasons discussed below, the court CERTIFIES plaintiffs’ class pursuant to FRCP 23(b)(3) and GRANTS plaintiffs’ request for appointment of counsel pursuant to FRCP 23(g).

I

Because the court’s summary judgment order addressed many of the underlying issues presented here, the court assumes familiarity with that order and the definition of terms therein; the court will confine its discussion in this order to farther analysis mandated by FRCP 23.

Pursuant to FRCP 23, plaintiffs request certification of the following class:

Ml persons who purchased in the United States from Federated or May Department Stores Lenox Tableware during the period October 1, 2001 through October 31, 2003 or Waterford Wedgwood Tableware during the period October 1, 2001 through April 30, 2005 (the “Class Period”). Excluded from the Class are all employees, officers, directors or agents (including attorneys) of any defendant, as well as any judge, justice or judicial officer presiding over this matter, and each such person’s immediate family.
“Lenox Tableware” includes Lenox, Gorham and Kate Spade brand dinnerware (china), crystal stemware, glassware, flatware (sterling and stainless), and giftware.
[648]*648“Waterford Wedgwood Tableware” includes Waterford, Marquis by Waterford, Wedgwood, Vera Wang, Johnson Brothers, and Franciscan brand dinnerware (china), crystal stemware, glassware, flatware (sterling and stainless), and giftware. “Federated Department Stores” includes Macy’s and Bloomingdale’s, Rich’s, Lazarus, Goldsmith’s, Burdine’s and the Bon Marche.
“May Department Stores” includes May, Famous-Barr (including L.S. Ayers and The Jones Store), Filene’s, Foley’s, Hecht’s, Kaufmann’s, Meier & Frank, Robinsons-May and Strawbridge’s.

Doc # 124 at 3-4.

A

FRCP 23(a) sets forth the preliminary requirements to certifying a class action: (1) the class must be so numerous that joinder of all members is impracticable; (2) there must be questions of law or fact common to the class; (3) the claims or defenses of the representative parties must be typical of the claims or defenses of the class and (4) the representative parties must be able fairly and adequately to protect the interests of the class. FRCP 23(a); see also, e g, Armstrong v. Davis, 275 F.3d 849, 868 (9th Cir.2001); Walters v. Reno, 145 F.3d 1032, 1045 (9th Cir.1998).

“In determining the propriety of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met.” Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974) (quoting Miller v. Mackey Intl., 452 F.2d 424 (5th Cir.1971)) (internal quotation marks omitted). “A Rule 23 determination is wholly procedural and has nothing to do with whether a plaintiff will ultimately prevail on the substantive merits of its claim.” Little Caesar Enter, v. Smith, 172 F.R.D. 236, 241 (E.D.Mich.1997). On a motion for class certification, the court “is bound to take the substantive allegations of the complaint as true.” Blackie v. Barrack, 524 F.2d 891, 901 n. 17 (9th Cir.1975). Nonetheless, the court is “at liberty to consider evidence which goes to the requirements of Rule 23 even though the evidence may also relate to the underlying merits of the case.” Hanon v. Dataproducts Corp., 976 F.2d 497, 509 (9th Cir.1992).

The court further notes that class actions play a particularly vital role in the private enforcement of antitrust actions. See Brown v. Pro Football Inc., 146 F.R.D. 1, 4 (D.D.C.1992) (“the framers of Rule 23 seemed to target such cases as this [antitrust action] as appropriate for class determination”); In re Plastic Cutlery Antitrust Litig, 1998 WL 135703 at *1, 1998 U.S. Dist LEXIS 3628 at *2 (ED Pa 1998) (“Class actions are widely-recognized as being particularly appropriate for the litigation of antitrust cases alleging a price-fixing conspiracy * * * ”); In re Playmobil Antitrust Litig., 35 F Supp 2d 231, 238 (E.D.N.Y.1998) (“antitrust claims are well suited for class actions”). Accordingly, in antitrust cases, courts tend to favor class certification when in doubt. See Playmobil, 35 F Supp 2d at 239 (“Because of the important role that class actions play in the private enforcement of antitrust actions, courts resolve doubts in favor of certifying the class.”); Eisenberg v. Gagnon, 766 F.2d 770, 785 (3d Cir.1985) (“The interests of justice require that in a doubtful case * * * any error, if there is to be one, should be committed in favor of allowing a class action.”).

The court first assesses whether the FRCP 23(a) requirements of numerosity, commonality, typicality and adequacy are met. Under FRCP 23(a)(1), the class be “so numerous that joinder of all members is impracticable.” “A finding of numerosity may be supported by common sense assumptions, and it is especially appropriate in antitrust actions brought under Rule 23(b)(3).” In re Playmobil Antitrust Litig., 35 F.Supp.2d 231, 239 (E.D.N.Y.1998) (citing 4 Newberg on Class Actions, § 18-03, n 17 (2d ed 1985)).

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In re Tableware Antitrust Litigation, 241 F.R.D. 644, 2007 U.S. Dist. LEXIS 21166, 2007 WL 781961 (N.D. Cal. 2007).

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