Associated Wholesale Grocers, Inc. v. United Potato Growers of America, Inc. et al

Filing 392

MEMORANDUM DECISION AND ORDER granting (871) Motion for Summary Judgment in case 4:10-md-02186-BLW-CWD; granting ( 385 ) Motion for Summary Judgment in case 4:13-cv-00251-BLW-CWD. Signed by Judge B. Lynn Winmill. Associated Cases: 4:10-md-02186-BLW-CWD, 4:13-cv-00251-BLW-CWD(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

IN RE: FRESH AND PROCESS
POTATOES ANTITRUST
LITIGATION

Case No. 4:10-MD-2186-BLW
ORDER

THIS DOCUMENT RELATES TO:

Kansas Tag-Along Action Only
Associated Wholesale Grocers, Inc., v.
United Potato Growers of America,
Inc., et al., Case No. KS/2:13-cv-02182
(LAH)

The Court has before it Counterclaim Defendant Associated Wholesale Grocers,
Inc.’s Motion for Summary Judgment on Defendant Potandon Produce LLC’s
Counterclaim (Dkt. 871). On July 8, 2015, the Court issued an Order stating that the rule
of reason standard applied to the counterclaim filed by Potandon. In light of that ruling,
Potandon agreed that its counterclaim should be dismissed.

ORDER - 1

However, in order to preserve its appeal of that ruling, the Court and the parties
agreed that AWG would file a motion for summary judgment on Potandon’s
counterclaim. Although AWG briefed the motion in some detail, Potandon is correct that
based upon the Court’s earlier Order, which is incorporated by reference here, the Court
could conclude that Potandon had only pled a rule of reason violation of the Kansas
Restraint of Trade Act. In turn, because Potandon did not amend its counterclaim, the
Court finds that there is no genuine issue as to any material fact and AWG is entitled to
judgment as a matter of law. Fed. R. Civ. P. 56(c). The Court will make no further
findings or conclusions.
ORDER
1. Counterclaim Defendant Associated Wholesale Grocers, Inc.’s Motion for
Summary Judgment on Defendant Potandon Produce LLC’s Counterclaim
(Dkt. 871) is GRANTED.

DATED: November 12, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2