WINN-DIXIE STORES, INC. et al v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC. et al
| WINN-DIXIE STORES, INC. and BI-LO HOLDINGS, LLC |
| EASTERN MUSHROOM MARKETING COOPERATIVE, INC., ROBERT A. FERANTO, JR., BROWNSTONE MUSHROOM FARMS, INC., TO-JO FRESH MUSHROOMS, INC., CARDILE MUSHROOMS, INC., CARDILE BROS. MUSHROOMS PACKAGING, COUNTRY FRESH MUSHROOM CO., FOREST MUSHROOM INC., FRANKLIN FARMS, INC., GINO GASPARI & SONS, INC., GASPARI BROS. INC., GIORGI MUSHROOM COMPANY, GIORGIO FOODS, INC., KAOLIN MUSHROOM FARMS, INC., SOUTH MILL MUSHROOM SALES, INC., LRP MUSHROOMS INC., LRP-M MUSHROOMS LLC, LEONE PIZZINI AND SON, INC., MODERN MUSHROOM FARMS, INC., SHER-ROCKEE MUSHROOM FARM, C & C CARRIAGE MUSHROOM CO., OAKSHIRE MUSHROOM FARM, INC., PHILLIPS MUSHROOM FARMS, INC., HARVEST FRESH FARMS, INC., LOUIS M. MARSON, JR., INC., MARIO CUTONE MUSHROOM CO., INC., M.D. BASCIANI & SONS, INC., MONTEREY MUSHROOMS, INC., MASHA & TOTO, INC., W & P MUSHROOM INC., MUSHROOM ALLIANCE, INC., QUINCY FARMS, CREEKSIDE MUSHROOMS LTD., KITCHEN PRIDE MUSHROOMS, JM FARMS, INC., UNITED MUSHROOM FARMS COOPERATIVE, INC., JOHN PIA, MICHAEL PIA and JOHN DOES 1-100 |
| 5:2015cv06480 |
| December 7, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Outside the State of PA. |
| THOMAS N. ONEILL |
| Antitrust |
| 15 U.S.C. ยง 15 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
415
MEMORANDUM ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/26/22. 1/26/22 ENTERED AND COPIES E-MAILED.(amas)
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Filing
350
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO PRECLUDE PLAINTIFFS' EXPERT TESTIMONY AT TRIAL 300 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFFS' EXPERT DR. LEFFLER IS NOT PERMITTED TO OFFER OPINION TESTIMONY OF DAMAGES INCURRED DURING CONSPIRACY PERIODS THREE AND FOUR. PLAINTIFF'S MOTION TO EXCLUDE OR LIMIT THE OPINIONS OF DEFENDANTS' EXPERT 301 IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/9/21. 6/9/21 ENTERED & E-MAILED.(fdc)
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Filing
348
MEMORANDUM AND ORDER THE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT 286 IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/12/21. 5/12/21 ENTERED & E-MAILED.(fdc)
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Filing
339
MEMORANDUM AND ORDER THAT DEFENDANT M. CUTONE MUSHROOM CO., INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT 303 IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 2/5/21. 2/5/21 ENTERED & E-MAILED.(fdc)
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Filing
299
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF BI-LO, LLC 229 IS GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED FOR DEFENDANTS AS TO BI-LO'S CLAIMS FOR DAMAGES AND DENIED AS TO BI-LO&# 039;S CLAIMS FOR INJUNCTIVE RELIEF. DEFENDANT CREEKSIDE MUSHROOM, LTD'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF BI-LO 231 IS GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED FOR CREEKSIDE AS TO BI-LO'S CLAIMS FOR DAMA GES AND DENIED AS TO BI-LO'S CLAIMS FOR INJUNCTIVE RELIEF. PLAINTIFF BI-LO HOLDING LLC'S MOTION FOR LEAVE TO OPT OUT OF THE SECOND ROUND OF SETTLEMENT CLASSES 276 IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/1/20. 9/1/20 ENTERED & E-MAILED.(fdc)
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Filing
281
MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION 266 FOR LEAVE TO FILE AN AMENDED COMPLAINT IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/15/20. 7/15/20 ENTERED & E-MAILED.(fdc)
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Filing
275
MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION 234 TO ENFORCE PRIOR COURT ORDERS AND TO EXTEND THE REMAINING SCHEDULE BY 60 DAYS IS DENIED WITHOUT PREJUDICE INSOFAR AS IT SEEKS TO COMPEL DEFENDANTS TO PRODUCE ADDITIONAL DOCUMENTS PURSUANT TO PARAGRAPH 2 OF THIS COURT'S ORDER OF APRIL 2, 2020. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/29/20. 6/29/20 ENTERED & E-MAILED.(fdc)
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Filing
195
MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS OF FRANKLIN ORGANIC MUSHROOMS, INC. PURSUANT TO RULE 12(B)(5) 160 IS DENIED. PLAINTIFFS' CROSS-MOTION FOR ENLARGEMENT OF TIME TO SERVE PROCESS ON FRANKLIN FARMS 172 IS GRANTED. WINN-DIXIE SHALL HAVE FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO EFFECTUATE SERVICE OF PROCESS ON FRANKLIN ORGANIC MUSHROOMS, INC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/8/20. 1/8/20 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)
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Filing
130
MEMORANDUM AND ORDER THAT DEFENDANT M.D. BASCIANI & SONS, INC.'S MOTION FOR RECUSAL AND FOR A STAY OF ALL PROCEEDINGS 127 IS DENIED. THE CLASS LITIGATION WILL PROCEED TO TRIAL AS SCHEDULED ON 5/20/19. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/14/19. 5/14/19 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)
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Filing
122
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS [98,99,101, AND 102] TO DISMISS PLAINTIFFS' AMENDED COMPLAINT ARE GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT WINN-DIXIE PLAINTIFFS' CLAIMS AGAINST THE FOLLOWING DEFENDA NTS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO SERVE PURSUANT TO RULE 4(M) OF THE FRCP: CARDILE BROTHERS MUSHROOM PACKAGING, INC., HARVEST FRESH FARMS, INC., LRP-M MUSHROOMS, LLC, LRP MUSHROOMS, INC., MASHA & TOTO, INC. T/A M&T MUSHROOM, UNITED MUSHROOM FARMS COOPERATIVE, AND W&P MUSHROOMS, INC. ALL REMAINING DEFENDANTS SHALL FILE AN ANSWER TO THE AMENDED COMPLAINT ON OR BEFORE FRIDAY, 7/12/19. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/8/19. 4/8/19 ENTERED & E-MAILED.(fdc)
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Filing
89
MEMORANDUM AND ORDER THAT THE MOTION FOR JOINDER IN CERTAIN DEFENDANTS' MOTION TO DISMISS BY DEFENDANT JM FARMS, INC. 75 IS GRANTED. IT IS FURTHER ORDERED THAT THE MOTIONS TO DISMISS THE COMPLAINT OF PLAINTIFFS WINN-DIXIE STORES, INC. AND BI-L O HOLDINGS, LLC BY DEFENDANTS: (1) CARDILE MUSHROOMS, INC. 70 ; (2) M.D. BASCIANI & SONS, INC. 71 ; (3) CREEKSIDE MUSHROOMS LTD. 72 ; AND (4) BROWNSTONE MUSHROOM FARMS, INC., C&C CARRIAGE MUSHROOMS CO., COUNTRY FRESH MUSHROOM CO., EASTERN MUSHROOM MARKETING COOPERATIVE, INC. ("EMMC"), ROBERT A. FERANTO, JR., FOREST MUSHROOM INC., GASPARI BROS. INC., GINO GASPARI & SONS, INC., KAOLIN MUSHROOM FARMS, INC., LOUIS M. MARSON JR., INC., MODERN MUSHROOM FARMS, INC., MONTEREY MUSHROOMS, INC ., OAKSHIRE MUSHROOM FARM, INC., PHILLIPS MUSHROOM FARMS, INC., JOHN PIA, SHER-ROCKEE MUSHROOM FARM, SOUTH MILL MUSHROOM FARMS, INC., JOHN PIA, MICHAEL PIA, SHER-ROCKEE MUSHROOM FARM, SOUTH MILL MUSHROOM SALES, INC., AND TO-JO FRESH MUSHROOMS, INC. 73 ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/8/19. 1/8/19 ENTERED & E-MAILED.(fdc)
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