The following excerpt is from In re Packaged Seafood Prods. Antitrust Litig., Case No.: 15-MD-2670 JLS (MDD) (S.D. Cal. 2020):
Similarly, Schwartzchild v. Tse, 69 F.3d 293 (9th Cir. 1995), rejected the defendants' one-way-intervention argument and reached the same conclusion. It held that "[b]y obtaining summary judgment before notice had been sent to the class, the defendants waived their right to have such notice given and to obtain a judgment that was binding upon the class. Id. at 297.6
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