Here is the text of the Third Circuit's order:
ORDER at the direction of the merits panel, it is hereby ordered that the Appellants are directed to file on or before December 30, 2013 an answer to the petition for panel rehearing submitted by the Appellee and the documents submitted by proposed amici in support of the petition. Appellants' answer shall not exceed 30 pages in length.
Note that the order refers only to the petition for panel rehearing, not to the petition for rehearing en banc. Here is the text of one of our many earlier emails on the Carrera decision that provides links to key documents in the case:
As we've explained in a series of recent posts, in Carrera v. Bayer, the Third Circuit reversed a grant of class certification on the ground that the class wasn't "ascertainable." Among other things, the panel said that the class of purchasers of an over-the-counter weight-loss product had not shown that it would be able to screen out "fraudulent or inaccurate claims"–claims that would not have been made until after judgment or settlement. Until the Carrera decision, plainitiffs have not been required to make that kind of showing at the class-certification stage. We previously told you about the plaintiff's petition for en banc hearing and Public Citizen's amicus brief in support of rehearing. Last Friday, three more amicus briefs were filed, one from a group of law professors, another from Public Justice, and another from Angeion Group. The latter brief is particularly interesting. Angeion Group is a class-action administration company, and its brief says that the panel's decision misunderstood the ability of courts and claims administrators to root out fraud and inacurracy in class actions.
