Affiliated Foods Midwest Cooperative, Inc. v. SuperValu Inc.

Filing 92

ORDER that Borowiak's Motion to Compel (Filing No. 86 ), is granted, in part, in accordance with the parties' agreements and the Court's direction as discussed during the telephonic conference. The parties' supplemental product ion of documents shall take place on or before December 22, 2017. Per the parties' stipulation, the deadline for each defendant, counter-defendant, and cross-defendant to identify expert witnesses and serve expert reports is extended to Decem ber 18, 2017. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than January 19, 2018. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AFFILIATED FOODS MIDWEST
COOPERATIVE, INC., a Nebraska
corporation; and ASSOCIATED
WHOLESALE GROCERS, INC.,

8:16CV465
MEMBER CASE

Plaintiffs,
vs.

ORDER
SUPERVALU INC., a Delaware corporation;
Defendant.
BOROWIAK IGA FOODLINER, INC.,
Plaintiff,
vs.

8:16CV466
LEAD CASE

AFFILIATED FOODS MIDWEST
COOPERATIVE, INC., and ASSOCIATED
WHOLESALE GROCERS, INC.,

ORDER

Defendants,
Counterclaimants, and
Third-Party Defendants,
vs.
TREVOR BOROWIAK,
Third-Party Defendant.
This matter is before the Court following the telephonic discovery conference held on
December 11, 2017, at 10:30 a.m., in the Lead Case, Case No. 8:16cv466. Bartholomew L.
McLeay and Suzanne M. Shehan appeared on behalf of Plaintiff, Borowiak IGA Foodliner, Inc.
(“Borowiak”).

John K. Power and Adam J. Hoskins appeared on behalf of Defendants,

Affiliated Foods Midwest Cooperative, and Associated Wholesale Grocers, Inc. (“AFM/AWG”).
The Court discussed the production issues raised by Borowiak in its Motion to Compel and
related filings (Filing Nos. 86, 87 and 88), and addressed by AFM/AWG in its Response and

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related filing (Filing Nos. 89 and 90), as well as other housekeeping matters. In accordance with
the Court’s discussion and the parties’ representations during the conference,

IT IS ORDERED:
1. Borowiak’s Motion to Compel (Filing No. 86), is granted, in part, in accordance with
the parties’ agreements and the Court’s direction as discussed during the telephonic conference.
The parties’ supplemental production of documents shall take place on or before December 22,
2017.
2. Per the parties’ stipulation, the deadline for each defendant, counter-defendant, and
cross-defendant to identify expert witnesses and serve expert reports is extended to December
18, 2017. If necessary to refute the disclosed opinions of an expert witness of an opponent, a
plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later
than January 19, 2018,
Dated this 11th day of December, 2017.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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