Scott Dairy Farm, Inc. et al v. Dean Foods Company et al

Filing 1136

ORDER denying 804 Appeal of Magistrate Judge Decision, and the Magistrate's order is ADOPTED and AFFIRMED.. Signed by District Judge J Ronnie Greer on 7/11/2011. (RET)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE GREENEVILLE DIVISION IN RE: SOUTHEASTERN MILK ANTITRUST LITIGATION ) ) ) ) THIS DOCUMENT RELATES TO: ) Sweetwater Dairy Farm, Inc., et al. ) v. Dean Foods Company, et al., No. 2:07-CV-208 ) Master File No. 2:08-MD-1000 Judge J. Ronnie Greer ORDER This multi-district antitrust case is before the Court to consider the limited appeal of Southern Marketing Agency, Inc. and James Baird, [Doc. 1204], of the Magistrate Judge’s order dated December 8, 2010, which denied the defendants’ motion to re-depose Gordon Rausser and Frank Scott. Although these defendants contend that the Magistrate Judge did not address their request to depose these experts, in fact, the Magistrate Judge acknowledges that the defendants seek to re-depose Rausser and Scott, and denied the defendants’ motion “in its entirety.” After careful consideration of the Magistrate Judge’s order, the Court finds that the Magistrate Judge’s order is not clearly erroneous, an abuse of discretion, or contrary to law. Fed. R.Civ. P. 72(a). Accordingly, it is hereby ORDERED that the defendants’ appeal is OVERRULED and the Magistrate's order is ADOPTED and AFFIRMED, [Doc. 1184]. So ordered. ENTER: s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE

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