United States District Court for the Eastern District of New York Case No. 1:16-CV-00696
April 16, 2019 - Important Note: The Court has Ordered a change in the deadlines for filing an exclusion or objection, along with filing a claim. The date of the Final Approval Hearing has also moved. A copy of the Order can be found in the Documents section of this website. Below are the key updated deadlines:
Exclusion and Objection deadline - May 13, 2019
Final Approval Hearing date - June 14, 2019 at 12pm. Same location
Claim Form Deadline - October 15, 2019
March 14, 2019 - Please Note: The Long Form Notice originally posted to this website contained a typographical error. The answer to Question #11 on page 6 of the Long Form Notice, “How will the lawyers be paid?”, contained wording that Class Counsel will seek expenses “not to exceed $3,500,000.” That figure should have been “not to exceed $5,000,000.” The Long Form Notice has been corrected and updated in the Documents section of this website.
If you purchased dental supplies or equipment from Henry Schein, Patterson, Benco Dental Supply, or Burkhart Dental Supply, an $80 million class action settlement may affect you.
A federal court preliminary approved the Settlement. You are not being sued. This is not a solicitation from a lawyer.
• There is a class action lawsuit known as In re Dental Supplies Antitrust Litigation, No 16-cv-00696, against Henry Schein, Inc. (“Schein”), Patterson Companies, Inc. (“Patterson”), and Benco Dental Supply Company (“Benco”) (collectively, “Defendants”), pending in the United States District Court for the Eastern District of New York.
• The Settlement at issue is for the benefit of a Class of persons and entities defined as follows: All persons or entities that purchased Dental Products directly from Schein, Patterson, Benco, Burkhart, or any combination thereof, during the period beginning August 31, 2008 through and including March 31, 2016 (the “Class Period”) (the “Class” or the “Settlement Class”). If you fall within the Settlement Class definition, you are a “Settlement Class Member.”
• Under the proposed Settlement, Defendants – who each continue to categorically and emphatically deny the allegations and claims in the litigation, but have agreed to the Settlement to resolve the case – have collectively agreed to pay $80 million to resolve all of the claims that were brought or could have been brought in the antitrust suit on behalf of the Settlement Class (the “Settlement”).
• Burkhart Dental Supply Company (“Burkhart”) was at one time named as a defendant in this lawsuit, but the case was subsequently dismissed against Burkhart on personal jurisdiction grounds. Because Burkhart is no longer a defendant in this action, it is not paying any portion of the Settlement funds or otherwise participating in the Settlement. This does not, however, affect the ability of any class members who were Burkhart customers to participate in the Settlement.
• The Settlement offers cash payments to Settlement Class Members who file valid timely Claims.
LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
may request to be excluded from the Settlement, and if you do, you will
receive no paymentfromtheSettlement.ThedeadlinetoexcludeyourselffromtheSettlementisMay 13, 2019.ExcludingyourselffromtheSettlementistheonlywaytoretainyourrighttosue
Defendants on your own over the claims alleged in thelawsuit.
WritetotheCourtifyouwanttocommentonordonotliketheSettlement.Youmustprovide specificreasonsforyourobjection.See FAQ 6for more information. The postmarked deadline to
object is May 13,2019.
GO TO THE FAIRNESS HEARING
The Court has scheduled a hearing to evaluate the fairness
of the Settlement and Class Counsel’s request for attorneys’ fees,
reimbursement of costs, and incentive awards for the named Plaintiffs to take
place on June 14, 2019 at 12:00 p.m. (the “Fairness Hearing”). You may attend
the hearingatyourownexpense,butitisnotnecessary.Youmayasktospeakincourtaboutthe fairnessoftheSettlementoranyawardoffeesorcostsoranyawardofserviceawardsifyou did not exclude
yourself, but you must first notify counsel for the Class, counsel for the
Defendants, and the Court by May 13, 2019. See FAQ13-15.
A CLAIM FORM
IftheCourtapprovestheSettlementanditbecomesfinalandeffective,andyouremaininthe Settlement Class,
you must submit a claim form online or through the mail by October 15, 2019
to receive a payment. Complete instructions on how to file a claim will be
• These rights and options, and the deadlines to exercise them, are explained in the Long Form Notice and the FAQS section.
• The Court in charge of this case still must decide whether to approve the Settlement. If it does, and after any appeals are resolved, payments will be distributed to those who submit qualifying Claims. Please be patient.
This website is authorized by the Court, supervised by counsel and controlled by, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Click here to safely and securely register for the settlement
Fees and Expense Deadline.
Sunday, March 24, 2019
Counsel submitted their motion for attorneys’ fees, expenses, and service awards for the class representatives on March 22, 2019. These documents are available in the ‘Documents’ section of this website.
Monday, May 13, 2019
You must complete and mail your request for exclusion so that it is postmarked no later than May 13, 2019.
Monday, May 13, 2019
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than May 13, 2019.
Final Approval Hearing Date.
Friday, June 14, 2019
The Final Approval Hearing is scheduled for June 14, 2019 at 12:00 p.m. Please check this website for updates.
Claim Form Deadline.
Tuesday, October 15, 2019
*If Final Approval is granted: You must submit your Claim Form on-line no later than October 15, 2019, or mail your completed paper Claim Form so that it is postmarked no later than October 15, 2019.