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Anti-Trust | New York Southern
Notice (Other)
NOTICE VACATING ORDER (Dkt. #411) re: 417 Order on Motion for Conference: In light of the Court's order vacating and striking its Opinion and Order dated August 28, 2026 (Dkt. #410), the Order at Dkt. #411 is similarly vacated. ***No PDF is attached to this entry. (tn)
Order on Motion for Conference
ORDER granting 413 Letter Motion for Conference ; granting 416 Letter Motion for Conference. As an initial matter, Defendants' application to file their letter motion under seal is GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 415, and to keep docket entry 416 under seal, viewable only to the parties and the Court. The Court has also reviewed Plaintiffs' letter motion of September 4, 2026 (Dkt. #413), and Defendants' opposition thereto filed September 10, 2026 (Dkt. #416). Preliminarily, the Court disagrees that the issue identified by Plaintiffs' counsel can be remedied as a scrivener's error. Given the conflicting language in Plaintiffs' motion papers (see, e.g., Dkt. #230 at 7 n.10), the Court did not explicitly consider and address the inclusion of Distributors in the classes and subclasses it certified. With the clarification provided by Plaintiffs' letters and the imminent appellate deadline, the Court will VACATE its Opinion and Order of August 28, 2026. (Dkt. #410). The Clerk of Court is directed to strike docket entry 410, and to terminate the pending motions at docket entries 413 and 416. Needless to say, the deadlines for the parties' proposed redactions to the now-stricken Opinion and Order and for the joint status letter are ADJOURNED sine die. Instead, the parties shall submit simultaneous briefing on whether Distributors should be certified in the class on or before October 13, 2026. The briefing shall not exceed 3,500 words. (Signed by Judge Katherine Polk Failla on 9/10/2026) (rro)
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