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

Filing 56

ORDER THAT PLAINTIFFS' MOTION TO COMPEL IS GRANTED AND BFI'S MOTION TO QUASH IS DENIED, ETC. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/31/12. 2/1/12 ENTERED AND COPIES E-MAILED.(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 31st day of January, 2012, upon consideration of plaintiffs motion to
compel certain discovery from non-party Basciani Foods, Inc., BFI’s motion to quash and the
parties’ various filings related thereto, and consistent with the accompanying memorandum of
law, it is ORDERED that Plaintiffs’ motion to compel is GRANTED and BFI’s motion to quash
is DENIED as follows:
(1)

BFI shall produce all responsive documents to plaintiffs and shall confer
with plaintiffs and agree to a date for the production of responsive
documents.

(2)

The information sought by the subpoena shall be obtained and maintained
in conformity with the Stipulation and Order Governing the Production
and Exchange of Confidential Material dated May 29, 2007 (Dkt. No.
122).

(3)

To the extent that BFI believes in good faith that certain documents are not
adequately protected by the Confidentiality Order, a corresponding log of
such documents shall be produced to plaintiffs and to the Court. Plaintiffs
may lodge any objections to the designation of any documents as requiring
additional production using the procedures set forth in Paragraph 11 of the

Confidentiality Order. If BFI decides to file a motion with the Court to
confirm the confidentiality of the documents not produced, it shall produce
any such documents to the Court for in camera review so that the Court
may make a determination as to whether BFI must produce the documents
in question.
It is FURTHER ORDERED that BFI’s request for the costs associated with copying the
requested documents is GRANTED. BFI’s request for any other costs that may be incurred in
the gathering and assembly of the documents, including attorney’s fees is DENIED without
prejudice to renewal after BFI has produced discovery as required by this Order.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

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