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

Filing 299

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF BI-LO, LLC 229 IS GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED FOR DEFENDANTS AS TO BI-LO'S CLAIMS FOR DAMAGES AND DENIED AS TO BI-LO&# 039;S CLAIMS FOR INJUNCTIVE RELIEF. DEFENDANT CREEKSIDE MUSHROOM, LTD'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF BI-LO 231 IS GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED FOR CREEKSIDE AS TO BI-LO'S CLAIMS FOR DAMA GES AND DENIED AS TO BI-LO'S CLAIMS FOR INJUNCTIVE RELIEF. PLAINTIFF BI-LO HOLDING LLC'S MOTION FOR LEAVE TO OPT OUT OF THE SECOND ROUND OF SETTLEMENT CLASSES 276 IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/1/20. 9/1/20 ENTERED & E-MAILED.(fdc)

Case 5:15-cv-06480-BMS Document 299 Filed 09/01/20 Page 1 of 2

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

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v.
EASTERN MUSHROOM MARKETING
COOPERATIVE, et al.,
Defendants.
IN RE MUSHROOM DIRECT
PURCHASER ANTITRUST
LITIGATION

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CIVIL ACTION

No. 15-6480

No. 06-0620

ORDER
AND NOW, this 1st day of September 2020, upon consideration of Defendants’ Motion
for Summary Judgment Against Plaintiff Bi-Lo, LLC, Defendant Creekside Mushrooms, LTD.’s
Motion For Summary Judgment Against Plaintiff Bi-Lo, LLC, Plaintiffs’ Rule 56(d) Declaration,
and Plaintiff Bi-Lo Holding LLC’s Motion For Leave To Opt Out Of The Second Round Of
Settlement Classes, as well as the responses and replies thereto, and for the reasons outlined in this
Court’s Memorandum Dated September 1, 2020, it is ORDERED that:
1. Defendants’ Motion for Summary Judgment Against Plaintiff Bi-Lo, LLC (Document
No. 229 on Docket No. 15-6480) is GRANTED in part and DENIED in part.
Summary Judgment is granted for Defendants as to Bi-Lo’s claims for damages and
denied as to Bi-Lo’s claims for injunctive relief.
2. Defendant Creekside Mushrooms, LTD.’s Motion for Summary Judgment Against
Plaintiff Bi-Lo (Document No. 231 on Docket No. 15-6480) is GRANTED in part
and DENIED in part. Summary Judgment is granted for Creekside as to Bi-Lo’s
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Case 5:15-cv-06480-BMS Document 299 Filed 09/01/20 Page 2 of 2

claims for damages and denied as to Bi-Lo’s claims for injunctive relief.
3. Plaintiff Bi-Lo Holding LLC’s Motion for Leave to Opt Out of the Second Round of
Settlement Classes (Document No. 276 on Docket No. 15-6480 and Document No.
1095 on Docket No. 6-620) is DENIED.

BY THE COURT:
/s/ Berle M. Schiller
Berle M. Schiller, J.

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