IN RE FRESH AND PROCESS POTATOES ANTITRUST LITIGATION, 4:10-MD-2186-BLW. (2015)
Court: District Court, D. Idaho
Number: infdco20151113c43
Visitors: 11
Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: ORDER B. LYNN WINMILL , Chief District Judge . The Court has before it Counterclaim Defendant Associated Wholesale Grocers, Inc.'s Motion for Summary Judgment on Defendant Potandon Produce LLC's Counterclaim (Dkt. 871). On July 8, 2015, the Court issued an Order stating that the rule of reason standard applied to the counterclaim filed by Potandon. In light of that ruling, Potandon agreed that its counterclaim should be dismissed. However, in order to preserve its appeal of that ruling, th
Summary: ORDER B. LYNN WINMILL , Chief District Judge . The Court has before it Counterclaim Defendant Associated Wholesale Grocers, Inc.'s Motion for Summary Judgment on Defendant Potandon Produce LLC's Counterclaim (Dkt. 871). On July 8, 2015, the Court issued an Order stating that the rule of reason standard applied to the counterclaim filed by Potandon. In light of that ruling, Potandon agreed that its counterclaim should be dismissed. However, in order to preserve its appeal of that ruling, the..
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ORDER
B. LYNN WINMILL, Chief District Judge.
The Court has before it Counterclaim Defendant Associated Wholesale Grocers, Inc.'s Motion for Summary Judgment on Defendant Potandon Produce LLC's Counterclaim (Dkt. 871). On July 8, 2015, the Court issued an Order stating that the rule of reason standard applied to the counterclaim filed by Potandon. In light of that ruling, Potandon agreed that its counterclaim should be dismissed.
However, in order to preserve its appeal of that ruling, the Court and the parties agreed that AWG would file a motion for summary judgment on Potandon's counterclaim. Although AWG briefed the motion in some detail, Potandon is correct that based upon the Court's earlier Order, which is incorporated by reference here, the Court could conclude that Potandon had only pled a rule of reason violation of the Kansas Restraint of Trade Act. In turn, because Potandon did not amend its counterclaim, the Court finds that there is no genuine issue as to any material fact and AWG is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The Court will make no further findings or conclusions.
ORDER
1. Counterclaim Defendant Associated Wholesale Grocers, Inc.'s Motion for Summary Judgment on Defendant Potandon Produce LLC's Counterclaim (Dkt. 871) is GRANTED.
Source: Leagle
