This matter having been submitted to the Court by plaintiffs Jeffrey Worth and Robert Burns (“Plaintiffs”) and the firms Center for Science in the Public Interest; Kaplan, Fox & Kilsheimer, LLP, Reese LLP; and, Mehri & Skalet, PLLC (collectively “Class Counsel”) on behalf of the Plaintiffs and by CVS Pharmacy, Inc. (“CVS”) by its counsel, by way of Plaintiffs’ motion for preliminary approval of the proposed settlement in the above captioned action; WHEREAS, the Court having reviewed and considered Plaintiffs’ motion for preliminary approval and supporting materials filed by Class Counsel and CVS’s counsel; and WHEREAS, this Court has fully considered the record and the requirements of law; and good cause appearing;
Excluded from the membership are Defendant and its past and present parents, subsidiaries, divisions, affiliates, assignors, predecessors, successors and assigns; the past and present partners, shareholders, managers, members, directors, officers, employees, agents, attorneys, insurers, accountants and representatives of any and all of the foregoing entities; any government entities; and persons who purchased the Algal-900 DHA Product for the purpose of resale.
The Court finds that these procedures, carried out with reasonable diligence, will constitute the best notice practicable under the circumstances and will satisfy the requirements of Fed. R. Civ.
The Court preliminarily finds that the following counsel fairly and adequately represent the interests of the Settlement Class and hereby appoints Kaplan, Fox & Kilsheimer, Center for Science in the Public Interest; LLP; Reese LLP; and Mehri & Skalet, PLLC as Settlement Class Counsel pursuant to Rule 23(g).
Any attorney representing a member of the Settlement Class for the purpose of making objections must also file a “Notice of Appearance” with the Clerk, and must also serve copies by mail to the counsel listed above.