IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION - MDL 1869

Filing 890

MEMORANDUM OPINION AND ORDER that the Court will refer the disputes regarding the protective order to Magistrate Judge Harvey if the parties cannot resolve their issues by close of business on December 2, 2019. Signed by Judge Paul L. Friedman on November 26, 2019. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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In re RAIL FREIGHT FUEL SURCHARGE
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ANTITRUST LITIGATION
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__________________________________________)
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This document relates to:
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ALL DIRECT PURCHASER CASES
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MDL Docket No. 1869
Miscellaneous No. 07-0489 (PLF)

MEMORANDUM OPINION AND ORDER
The Court has reviewed the Joint Statement Regarding Proposals for Modifying
the Protective Order Per the Court’s November 14, 2019 Order [Dkt. No. 889] filed by the
parties on November 22, 2019. First, insofar as there is a dispute as to which cases will be a part
of the MDL before either this Court or possibly some other court, the Court has assumed that all
the cases that have been identified to the Court – including the original cases filed here, the thirty
or so cases filed in other districts, and the seven new cases recently filed in this Court as related
to Miscellaneous No. 07-0489 – would be included in the MDL should the MDL Panel refer the
tag-along cases to the undersigned. The parties seem to disagree about what action (if any) the
MDL Panel will take with respect to the seven new cases in this Court. See MDL Panel Rule
7.2(a). If the MDL Panel refers the tag-along cases to the undersigned, the Court relies upon the
parties to make sure that all cases are consolidated before this Court either by their filings before
the MDL Panel or appropriate motions filed in this Court. 1

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The Oxbow case at a minimum would proceed on the same track as the earliest
cases with respect to summary judgment briefing and argument.

Second, the discovery disputes presented by the Joint Statement are precisely the
kinds of matters the Court advised the parties at the status conference on November 14, 2019
that it had no intention of devoting its time to over the course of the next twelve months or so.
Accordingly, if the parties cannot resolve their squabbles with respect to modifications to the
existing protective order by the close of business on Monday, December 2, 2019, the Court will
refer the disputes regarding the protective order to Magistrate Judge Michael Harvey for prompt
resolution either through mediation or decision.
SO ORDERED.

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PAUL L. FRIEDMAN
United States District Judge
DATE: November 26, 2019

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