Davidson et al v. Bain Capital Partners, LLC et al

Filing 746

Senior Judge Edward F. Harrington: MEMORANDUM entered. (Folan, Karen)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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KIRK DAHL, ET AL., Individually and
on Behalf of All Others Similarly Situated,
Plaintiffs
v.

CIVIL ACTION NO.:
07-12388-EFH

BAIN CAPITAL PARTNERS, LLC, ET AL.,
Defendants.
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MEMORANDUM
October 15, 2012
HARRINGTON, S.D.J.
In view of the fact that the Plaintiffs have alleged one “overarching” combination, the
Court instructs the parties to be prepared to orally argue at the summary judgment hearings the
following issues:
1. The legal consequences, assuming that the Plaintiffs are able to establish one
combination, but involving only a limited number of Defendants with respect to a limited
number of transactions.
2. The legal consequences, assuming that the Plaintiffs are able to establish multiple
combinations involving only a limited number of Defendants with respect to a limited number of
transactions.
/s/ Edward F. Harrington
EDWARD F. HARRINGTON
United States Senior District Judge