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

Filing 138

CASE MANAGEMENT ORDER NO.1. The parties shall submit a joint stipulation for page limits and other means for making the initial round of dispositive motions efficient, or their respective positions by 1/28/2011. Indirect Purchaser Plaintiffs shall fi le their Amended Complaint by 2/11/2011. Responsive Pleadings (Answers of Motions) due 3/18/2011. All Plaintiffs shall file their responses to Defendants' motions by 5/6/2011. All Defendants shall file their reply briefs by 6/3/2011. Preservatio n Cutoff Date shall be 12/13/2010. The parties shall have completed the process of conducting a Rule 26(f) conference by 1/21/2011. The parties shall submit a joint proposed preservation order or their respective positions by 1/28/2011. The parties s hall meet and confer and provide the Court with a joint proposed protective order or their respective positions by 1/28/2011. If necessary, the Court will schedule a second case management conference when it issues its decision on the dispositive mot ions. The Court will hear oral argument on the motions on 6/22/2011 at 1:00 pm in the District Courtroom in Pocatello, ID before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. Associated Cases: 4:10-md-02186-BLW et al.(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. 138

UNITED STATES DISTRICT COURT F O R THE DISTRICT OF IDAHO

IN RE: FRESH AND PROCESS P O T A T O E S ANTITRUST L IT IG A T IO N

C a s e No. 4:10-MD-2186-BLW C A S E MANAGEMENT ORDER NO. 1

T H IS DOCUMENT RELATES TO: A L L ACTIONS.

T h e Court conducted a scheduling conference on December 14, 2010. In a c c o rd a n c e with that conference, and to further the efficient administration of this matter, NOW THEREFORE IT IS HEREBY ORDERED that the following recitation of d e a d lin e s and procedures shall govern this litigation: 1 1 .1 G E N E R A L PROVISIONS A p p lic a b ility of Order. This Order shall govern practice and pretrial

p ro c e d u re in (a) Case No. 4:10-CV-307-BLW, which was originally filed in this Court; (b ) those actions transferred to this Court by the Judicial Panel on Multidistrict Litigation p u rs u a n t to its order of October 13, 2010, and captioned collectively as In Re Fresh and P ro c e s s Potatoes Antitrust Litigation, 4:10-MD-02186-BLW; (c) any "tag-along" actions tra n s f e rre d to this Court by the Multidistrict Litigation Panel pursuant to Rule 12 of the R u le s of Procedure of the Panel; and (d) all related actions that may be filed in this Court
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or transferred or removed to this Court (collectively, the "Litigation"). 1 .2 F u tu r e Actions. Any tag-along action later filed in, removed or transferred

to this Court, or related cases filed directly in the District of Idaho, automatically shall be a s s ig n e d to the undersigned and consolidated with this Litigation. 1.3 L im ita tio n s . The consolidation of the cases in this Litigation does not

c o n s titu te a determination that the actions referenced in paragraphs 1.2 and 1.3 of this O rd e r should or will be consolidated for trial; nor does it have the effect of making any e n tity a party to any action in which he, she or it has not been named, served or added in a c c o rd a n c e with the Federal Rules of Civil Procedure. Notwithstanding the entry of this C a se Management Order, and for good cause shown, any party may move for an a m e n d m e n t, adjustment or other curtailment of the consolidation of these actions in order to separate cases, claims, parties, or phases of the proceedings. 1 .4 P le a d in g Captions. The caption of each document filed with the Court

s h a ll identify the master case (In Re Fresh and Process Potatoes Antitrust Litigation, 4 :1 0 -M D -0 2 1 8 6 -B L W ). It shall also identify each affected individual action. If a d o c u m e n t affects all actions, it shall state that if affects all actions instead of listing each a f f e c te d individual action. The caption shall be as follows:

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IN RE: FRESH AND PROCESS P O T A T O E S ANTITRUST L IT IG A T IO N

C a s e No. 4:10-MD-2186-BLW T I T L E OF DOCUMENT

T H IS DOCUMENT RELATES TO: (S ta te "Affects All Actions" or list a ffe c te d actions individually.)

(L e a v e blank if affects all actions. List th e affected action case numbers if a ffe c ts less than all actions.)

1 .5

F ilin g Procedure. Pursuant to the Notice to All Counsel filed by the Court

A d m in is tra to r in this Litigation on October 15, 2010, documents relating to all actions s h o u ld be filed on the master docket sheet and on the docket sheet of each individual a c tio n ; documents relating to two or more, but not all, individual actions should be filed o n the master docket sheet, and on the other docket sheet of each affected individual a c tio n ; and documents affecting a single individual action should be filed on the docket s h e e t of that action and on the master docket sheet. 1.6 P r o Hac Vice Applications. Any licensed attorney admitted as a bar

m e m b e r of a transferor district, or who was admitted pro hac vice for one of the tra n s f e rre d cases will automatically be admitted pro hac vice for this case in the District o f Idaho. Otherwise all attorneys appearing in this matter must be either a licensed m e m b e r of the Idaho State Bar or admitted pro hac vice for this case in the United States D is tric t Court for the District of Idaho. 1 .7
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L a w Clerk. If counsel has a procedural or legal question that needs to be

brought to my attention, please contact Jeff Severson, the law clerk assigned to this case a t [phone]. 1 .8 C a le n d a r in g Clerk. With regard to any scheduling matters or calendar

is su e s, please contact my deputy clerk, Jamie Gearhart at [phone]. 1 .9 D o c k e tin g Clerk. The Docketing Clerk assigned to this case is Carrie

M c M a h a n who can be reached at [phone]. 1 .1 0 H e a r in g s. As most local attorneys are aware, Judges in the District of

Id a h o split their time between divisional courthouses in Boise, Pocatello and Coeur d 'A le n e , Idaho. Typical cases are assigned to a specific division. Although the original Id a h o case in this MDL action was assigned to the Pocatello division, the MDL case is n o t assigned to a specific division. I spend the bulk of my time in either Boise or P o c a te llo . In the future, hearings in this MDL action may be conducted in either Boise or P o c a te llo so that hearings are not delayed due to my unavailability. 2 I N D I R E C T PURCHASER PLAINTIFFS' CONSOLIDATED A M E N D E D COMPLAINT AND RESPONSIVE PLEADINGS T h e parties shall meet and confer to reach agreement on page limits and

2 .1

o th e r means for making the initial round of dispositive motions as efficient as possible. If th e parties cannot reach an agreement during this process, they may contact Jeff Severson, th e Law Clerk assigned to this matter, who may be able to informally mediate the matter a n d help the parties reach a resolution. If Mr. Severson cannot successfully mediate any d is p u te , he may schedule a time for me to informally address the issue with counsel
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telephonically. On or before January 28, 2011, the parties shall submit a joint stipulation f o r page limits and other means for making the initial round of dispositive motions e f f ic ie n t, or their respective positions if they cannot reach agreement. Upon receipt of the p a rtie s ' submission, the Court will issue a decision on the matter in short order. 2 .2 In d ire c t Purchaser Plaintiffs shall file their Consolidated Amended

C o m p la in t on or before February 11, 2011. 2 .3 D e f e n d a n ts shall file their responsive pleadings (Answers or Motions) to

th e Direct Purchaser Plaintiffs' Amended Complaint and the Indirect Purchaser Plaintiffs' C o n s o lid a te d Amended Complaint on or before March 18, 2011. 2 .4 M a y 6, 2011. 2 .5 2 .6 A ll Defendants shall file their reply briefs on or before June 3, 2011. T h e Court will hear oral argument on the motions on June 22, 2011 at 1:00 A ll Plaintiffs shall file their responses to Defendants' motions on or before

p .m . in the Federal Courthouse in Pocatello, Idaho. 3 P R E S E R V A T I O N CUTOFF DATE, RULE 26(f) CONFERENCE AND P R O T E C T I V E ORDER The preservation cutoff date shall be December 13, 2010. T h e parties shall have completed the process of conducting a Rule 26(f)

3 .1 3 .2

c o n f e re n c e on or before January 21, 2011. 3 .3 T h e parties shall submit a joint proposed preservation order or their

re s p e c tiv e positions to the Court on or before January 28, 2011.
ORDER - 5

3.4

T h e parties shall meet and confer and provide the Court with a joint

p ro p o s e d protective order or their respective positions on or before January 28, 2011. 4 4 .1 S E C O N D CASE MANAGEMENT CONFERENCE If necessary, the Court will schedule a second case management conference

w h e n it issues its decision on the dispositive motions.

DATED: December 17, 2010

Honorable B. Lynn Winmill Chief U. S. District Judge

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