Nature of the Case: This action involved an alleged conspiracy by the defendants to set the price of beef to the detriment of Giang Bui and a proposed class of plaintiffs.

Legal Arguments/Issues:

• Certification Materials and Hearing: The parties served all certification materials, with a certification hearing scheduled for January 2025.
• Plaintiff's Motion to Strike: The plaintiff sought to strike statements from the defendants’ affidavit materials that denied the conspiracy, arguing such evidence should be inadmissible at the certification stage.
• Defendants’ Position: The defendants contended that these statements were relevant for determining whether common issues existed for class certification.
• Court’s Decision: Justice Thomas ruled that deciding the application before the certification hearing would require resolving key legal issues prematurely. Therefore, the application was adjourned to the certification hearing.

Costs: The consideration of costs for the application was deferred until after the certification hearing, with parties directed to discuss and submit any requests for costs as per the directions given on July 17, 2024. No specific amount of costs or awards was detailed in this judgment.

Conclusion: The application to strike statements from the defendants' affidavits was adjourned to the certification hearing, with the issue of costs to be considered subsequently.