Brigiotta's Farmland Produce and Garden Center, Inc. v. United Potato Growers of Idaho, Inc. et al

Filing 118

ORDER AND NOTICE OF HEARING, (Case Management Conference set for 12/14/2010 03:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. Associated Cases: 4:10-md-02186-BLW, 4:10-cv-00307-BLW, 4:10-cv-00520-BLW, 4:10-cv-00546-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Brigiotta's Farmland Produce and Garden Center, Inc. v. United Potato...rs of Idaho, Inc. et al

Doc. 118

UNITED STATES DISTRICT COURT F O R THE DISTRICT OF IDAHO

C a s e No. 4:10-MD-2186-BLW IN RE: FRESH AND PROCESS P O T A T O E S ANTITRUST L IT IG A T IO N O R D E R AND NOTICE OF H E A R IN G

In order to further the efficient administration of this matter, the Court will c o n d u c t a case management conference. Prior to the conference, counsel shall meet and c o n f e r with one another and submit a proposed case management order to the Court no le s s than 7 days before the conference. To the extent the parties cannot agree on a p ro p o s e d case management order, the parties shall submit a statement explaining their p o s itio n s , and reasons for their positions, on disputed issues. T h e proposed case management order should also address class certification is su e s. In dealing with class actions in the past, this Court has sometimes issued an initial c a s e management order dealing primarily with class certification issues. The Court then c o n d u c ts a second case management conference and issues a second case management o rd e r after class certification issues are resolved. The parties may want to discuss this o p tio n , as well as other options for staged case management in this matter.

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Counsel shall also be prepared to discuss the following items at the conference: 1. T h e status of service of process and the filing of answers and/or motions to d is m is s ; 2. 3. 4. 5. T h e nature and potential dimensions of the litigation; T h e major procedural and substantive problems likely to be encountered; P ro c e d u re s for efficient management of the case; P ro c e d u re s which will reduce the complexity, expense and cost of litigation in this case; and 6. O rg a n iz a tio n of plaintiffs' counsel.

C o u n s e l are also invited to submit proposed agenda items for discussion at the c o n f e re n c e . Counsel shall submit their proposed agenda items to the Court no less than 5 d a ys before the scheduling conference. T h e Court desires to aggressively manage this case so as to reduce expense and e n s u re that all proceedings proceed as expeditiously as possible. The Court is aware, h o w e v e r, that we are in a state of flux, since additional cases have recently been added to th e list of cases transferred to this Court by the MDL panel. Mindful of the need to p ro c e e d as expeditiously as possible, the Court would be receptive to conducting an in te rim telephone conference call with counsel to discuss the status of the case prior to the c a s e management conference, so long as a manageable conference call, with fair re p re se n ta tio n from all parties, can be arranged. If counsel agrees that such a conference

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call would be advisable, they may contact Jeff Severson, the Court's Law Clerk assigned to this case, at [phone]. ORDER I T IS ORDERED: 1. A n in person Case Management Conference is scheduled for December 14, 2 0 1 0 at 3:00 p.m. in the Federal Courthouse in Boise, Idaho.

D A T E D : November 12, 2010

B. LYNN WINMILL C h ie f U.S. District Court Judge

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