In Re Tableware Antitrust Litigation

ORDER

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 Wa terford 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 reached a settlement with Le-nox on February 22, 2007, Doc. # 301, ¶ 6, and now seek preliminary approval of various aspects of the settlement. In particular, plaintiffs seek: (1) preliminary approval of the settlement reached by the parties; (2) approval of the proposed form of notice; (3) establishment of a schedule for class members to object to the settlement and (4) a hearing on final approval of the settlement at which class members may be heard. Doc. # 300.

On March 13, 2007, the court certified the following litigation class pursuant to FRCP 23(b)(3):

Doc. # 287. The court also granted plaintiffs’ request for appointment of counsel pursuant to FRCP 23(g). Id. As plaintiffs’ proposed settlement class is identical to the certified…