WINN-DIXIE STORES, INC. et al v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC. et al

Filing 195

MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS OF FRANKLIN ORGANIC MUSHROOMS, INC. PURSUANT TO RULE 12(B)(5) 160 IS DENIED. PLAINTIFFS' CROSS-MOTION FOR ENLARGEMENT OF TIME TO SERVE PROCESS ON FRANKLIN FARMS 172 IS GRANTED. WINN-DIXIE SHALL HAVE FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO EFFECTUATE SERVICE OF PROCESS ON FRANKLIN ORGANIC MUSHROOMS, INC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/8/20. 1/8/20 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WINN-DIXIE STORES, INC., et al.,
Plaintiffs,
v.

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EASTERN MUSHROOM MARKETING
COOPERATIVE, et al.,
Defendants.

CIVIL ACTION

No. 15-6480

ORDER
AND NOW, this 8th day of January 2020, upon consideration of Motion to Dismiss of
Franklin Organic Mushrooms, Inc. Pursuant to Rule 12(b)(5), Plaintiffs’ Cross-Motion for
Enlargement of Time to Serve Process on Franklin Farms, and the responses and replies thereto,
and for the reasons stated in this Court’s Memorandum dated January 8th 2020, it is ORDERD
that:
1. Motion to Dismiss of Franklin Organic Mushrooms, Inc. Pursuant to Rule 12(b)(5)
(Document No. 160) is DENIED.
2. Plaintiffs’ Cross-Motion for Enlargement of Time to Serve Process on Franklin Farms
(Document No. 172) is GRANTED. Winn-Dixie shall have fourteen days from the
date of this Order to effectuate service of process on Franklin Organic Mushrooms, Inc.

BY THE COURT:

Berle M. Schiller, J.