U.S. Court of Appeals for the Eleventh Circuit, 2006

Valley Drug Co. v. Geneva Pharmaceuticals

Valley Drug Co. v. Geneva Pharmaceuticals
U.S. Court of Appeals for the Eleventh Circuit · Decided May 3, 2006
179 F. App'x 600

Counsel

Jason L. Solotaroff, New York, NY, Em-met J. Bondurant, Bondurant, Mixson & Elmore, Brent Jeffrey Kaplan, Robins, Kaplan, Miller, et ah, Atlanta, GA, W. Scott Simmer, Washington, DC, James S. Harrington, Boston, MA, for Plaintiffs-Appellants., Paul Olszowka, Wayne A. Cross, Robert A. Milne, White & Case LLP, New York, NY, Stuart N. Senator, Jeffrey I. Weinberger, Munger, Tolies & Olson, LLP, Los Angeles, CA, Patricia Ann Conners, Florida Attorney General’s Office, Tallahassee, FL, for Defendants-Appellees.

Valley Drug Co. v. Geneva Pharmaceuticals

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Opinion of the Court

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 considering the parties briefs and the relevant portions of the record, we find no such abuse.

AFFIRMED.

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