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)

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Brigiotta's Farmland Produce and Garden Center, Inc. v. United 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. ORDER AND NOTICE OF HEARING - 1 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 ORDER AND NOTICE OF HEARING - 2 call would be advisable, they may contact Jeff Severson, the Court's Law Clerk assigned to this case, at (208)334-9145. 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 ORDER AND NOTICE OF HEARING - 3

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