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

Filing 89

MEMORANDUM AND ORDER THAT THE MOTION FOR JOINDER IN CERTAIN DEFENDANTS' MOTION TO DISMISS BY DEFENDANT JM FARMS, INC. 75 IS GRANTED. IT IS FURTHER ORDERED THAT THE MOTIONS TO DISMISS THE COMPLAINT OF PLAINTIFFS WINN-DIXIE STORES, INC. AND BI-L O HOLDINGS, LLC BY DEFENDANTS: (1) CARDILE MUSHROOMS, INC. 70 ; (2) M.D. BASCIANI & SONS, INC. 71 ; (3) CREEKSIDE MUSHROOMS LTD. 72 ; AND (4) BROWNSTONE MUSHROOM FARMS, INC., C&C CARRIAGE MUSHROOMS CO., COUNTRY FRESH MUSHROOM CO., EASTERN MUSHROOM MARKETING COOPERATIVE, INC. ("EMMC"), ROBERT A. FERANTO, JR., FOREST MUSHROOM INC., GASPARI BROS. INC., GINO GASPARI & SONS, INC., KAOLIN MUSHROOM FARMS, INC., LOUIS M. MARSON JR., INC., MODERN MUSHROOM FARMS, INC., MONTEREY MUSHROOMS, INC ., OAKSHIRE MUSHROOM FARM, INC., PHILLIPS MUSHROOM FARMS, INC., JOHN PIA, SHER-ROCKEE MUSHROOM FARM, SOUTH MILL MUSHROOM FARMS, INC., JOHN PIA, MICHAEL PIA, SHER-ROCKEE MUSHROOM FARM, SOUTH MILL MUSHROOM SALES, INC., AND TO-JO FRESH MUSHROOMS, INC. 73 ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/8/19. 1/8/19 ENTERED & E-MAILED.(fdc)

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

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CIVIL ACTION

No. 15-6480

ORDER
AND NOW this 8th day of January, 2019, it is ORDERED that the motion for joinder in
Certain Defendants’ motion to dismiss by Defendant JM Farms, Inc. (Dkt. No. 75) is GRANTED.
It is FURTHER ORDERED that the motions to dismiss the complaint of Plaintiffs WinnDixie Stores, Inc. and Bi-Lo Holdings, LLC by Defendants: (1) Cardile Mushrooms, Inc. (Dkt.
No. 70); (2) M.D. Basciani & Sons, Inc. (Dkt. No. 71); (3) Creekside Mushrooms Ltd. (Dkt. No.
72); and (4) Brownstone Mushroom Farms, Inc., C & C Carriage Mushroom Co., Country Fresh
Mushroom Co., Eastern Mushroom Marketing Cooperative, Inc. (“EMMC”), Robert A. Feranto,
Jr., Forest Mushroom Inc., Gaspari Bros. Inc., Gino Gaspari & Sons, Inc., Kaolin Mushroom
Farms, Inc., Louis M. Marson Jr., Inc., Modern Mushroom Farms, Inc., Monterey Mushrooms,
Inc., Oakshire Mushroom Farm, Inc., Phillips Mushroom Farms, Inc., John Pia, Michael Pia, SherRockee Mushroom Farm, South Mill Mushroom Sales, Inc., and To-Jo Fresh Mushrooms, Inc.
(Dkt. No. 73), are GRANTED IN PART and DENIED IN PART as follows:
1.

Defendants’ motions are GRANTED to the extent that they seek to dismiss WinnDixie Plaintiffs’ claims for injunctive relief.

2.

Defendants’ motions are GRANTED to the extent that they seek to dismiss Winn
Dixie Plaintiffs’ claims against all defendants other than Defendant EMMC under
Section 1 and Section 2 of the Sherman Act and Section 7 of the Clayton Act.

Accordingly, Winn Dixie Plaintiffs’ claims are DISMISSED as to all Defendants
with the exception of Defendant EMMC.
3.

Defendants’ motions are DENIED to the extent that they seek to dismiss WinnDixie Plaintiffs’ claims against Defendant EMMC as being untimely.

Winn-Dixie Plaintiffs may file an Amended Complaint to the extent they are able to plead
sufficient factual allegations to state a claim against any of the dismissed Defendants in accordance
with the standard set forth in Twombly and Iqbal on or before Tuesday, January 22, 2019.

BY THE COURT:

Berle M. Schiller, J.

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