Valley Drug Co. v. Geneva Pharmaceuticals
This text of Valley Drug Co. v. Geneva Pharmaceuticals (Valley Drug Co. v. Geneva Pharmaceuticals) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 05-14054 MAY 3, 2006 Non-Argument Calendar THOMAS K. KAHN CLERK ________________________
D. C. Docket No. 99-01317-MD-PAS
VALLEY DRUG COMPANY, et al.,
Plaintiffs,
TRUSTEES OF THE CORRECTION OFFICERS BENEVOLENT ASSOCIATION SECURITY BENEFITS FUND- RETIREES, CORRECTIONS OFFICERS BENEVOLENT ASSOCIATION SECURITY BENEFITS FUNDS ACTIVE,, TRUSTEES OF THE LOCAL 445 FREIGHT DIVISION WELFARE FUND, TRUSTEES OF THE LOCAL 445 CONSTRUCTION DIVISION WELFARD FUND, NEW YORK CITY TRANSIT AUTHORITY, BLUECROSS BLUE SHIELD OF FLORIDA, BLUECROSS BLUESHIELD OF MINNESOTA, BLUECROSS BLUESHIELD OF TENNESSEE, CAREFIRST, FEDERATED MUTUAL INSURANCE COMPANY, HEALTH CARE SERVICES CORPORATION, MUTUAL OF OMAHA INSURANCE COMPANY,
Plaintiffs-Appellants, versus
GENEVA PHARMACEUTICALS, ABBOTT LABORATORIES,
Defendants-Appellees.
________________________
Appeals from the United States District Court for the Southern District of Florida _________________________
(May 3, 2006)
Before TJOFLAT, ANDERSON and BIRCH, Circuit Judges.
PER CURIAM:
In this class action, the district court, pursuant to a settlement agreement that
had been negotiated and would be presented to the court for approval, established
April 11, 2005, as the deadline for the claims administrator’s receipt of opt-out
requests. Appellants missed this deadline and moved the court for Fed. R. Civ. P.
6(b) relief – so that they could take their claims elsewhere. The court held a
hearing on appellants’ motions, considered the parties submissions and arguments,
and denied the motions. Appellants appeal the court’s rulings.
We review the district court’s decision for abuse of discretion. After
2 considering the parties briefs and the relevant portions of the record, we find no
such abuse.
AFFIRMED.
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