ALL AMERICAN MUSHROOM, INC. v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC. et al

Filing 104

ORDER THAT DEFENDANTS' MOTION IS DENIED TO THE EXTENT THAT IT SEEKS RECONSIDERATION OF MY DECISION OF 3/26/2009. THIS ORDER DENYING RECONSIDERATION OF MY DECISION OF 3/26/2009 IS CERTIFIED FOR INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. 1292(b) BECAUSE IT INVOLVES CONTROLLING QUESTIONS OF LAW AS TO WHICH THERE IS SUBSTANTIAL GROUND FOR DIFFERENCE OF OPINION AND BECAUSE AN IMMEDIATE APPEAL FROM THIS ORDER MAY MATERIALLY ADVANCE THE ULTIMATE TERMINATION OF THE LITIGATION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/14/14. 10/15/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) Modified on 10/15/2014 (ti, ). (Main Document 104 replaced on 10/15/2014) (ti, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE MUSHROOM DIRECT
PURCHASER ANTITRUST
LITIGATION
THIS DOCUMENT RELATES TO:
All Actions

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Master File NO. 06-0620
NOS. 06-0638; 06-0657;
06-0677; 06-0861;
06-0932; 06-1464;
06-1854

ORDER
AND NOW, this 14th day of October, 2014, upon consideration of defendants’ motion for
partial summary judgment and reconsideration (Dkt. No. 513), direct purchaser plaintiffs’
opposition thereto (Dkt. No. 534) defendants’ reply (Dkt. No. 552) and sur-reply (Dkt. No. 569),
and consistent with the accompanying memorandum of law, it is ORDERED that defendants’
motion is DENIED to the extent that it seeks reconsideration of my decision of March 26, 2009. 1
This Order denying reconsideration of my decision of March 26, 2009 is CERTIFIED for
interlocutory appeal pursuant to 28 U.S.C. § 1292(b) because it involves controlling questions of
law as to which there is substantial ground for difference of opinion and because an immediate
appeal from this Order may materially advance the ultimate termination of the litigation.

___/s/ Thomas O’Neill_______
THOMAS N. O’NEILL, JR., J.

1

I reserve judgment on defendants’ motion to the extent that it seeks partial
summary judgment on behalf of Gaspari Bros. Inc., Sher-Rockee Mushroom Farm LLC, LRP
Mushrooms, and John and Michael Pia for the reasons they previously asserted in their July 1,
2008 Memorandum of Law in Support of Certain Defendants’ Motion for Partial Summary
Judgment (Dkt. No. 245).