ANN D. MONTGOMERY, District Judge.
This matter is before the undersigned United States District Judge on Defendants SuperValu, Inc. and C&S Wholesale Grocers, Inc.'s (collectively, "Defendants") Joint Motion for Limited Stay of Proceedings [Docket No. 655]. Defendants request a stay of this multidistrict litigation pending resolution of: (1) their petition under Federal Rule of Civil Procedure 23(f) for leave to file an interlocutory appeal of this Court's Class Certification Order [Docket No. 651] to the Eighth Circuit Court of Appeals; and (2) if such leave is granted, the ensuing Rule 23(f) appeal. The Midwest Plaintiffs have filed a Response [Docket No. 662] opposing the Motion. New England Plaintiffs JFM Market, Inc. and MJF Market, Inc. (collectively, the "Village Markets"), have filed a Clarification [Docket No. 664] stating that they are not parties to the Motion and do not oppose a stay, but also "do not take the position that the District Court must delay reaching the merits of the Midwest [Plaintiffs'] case." Clarification at 6.
Rule 23(f) provides:
Fed. R. Civ. P. 23(f). As the rule makes clear, a stay of proceedings pending an appeal from an order granting class certification is an exception to the general rule that the district court proceedings ordinarily continue pending an appeal of certification.
A party seeking a stay bears the burden of showing that: (1) it is likely to succeed on the merits of its appeal; (2) it will be irreparably injured unless the stay is granted; (3) the non-moving party will not be substantially injured by granting the stay; and (4) the public interest will not be harmed by granting the stay.
Upon analyzing and weighing the factors, the Court concludes that a further stay of this case is not warranted. Assuming without deciding that the Eighth Circuit grants Defendants' Rule 23(f) petition, Defendants have not shown they are likely to succeed on the merits of their appeal. Rather, Defendants merely repeat the same arguments as those already considered and rejected by this Court when granting class certification. As with any appeal, the Eighth Circuit may choose to disagree with this Court's conclusions on the merits of the certification issue, but this possibility does not make it
Defendants have also failed to demonstrate that they will be irreparably injured unless a stay is granted. Although Defendants contend that they will be substantially harmed by engaging in expensive merits expert reports, expert discovery is unavoidable regardless of whether this litigation proceeds as a class action or as individual lawsuits. Thus, Defendants will not be harmed by preparing for discovery on the existing schedule. Defendants also argue that their business reputation may be harmed by a premature dissemination of a class notice if Defendants were to later prevail in obtaining and winning an appeal. However, the Court has not yet approved the form of class notice, and any argument that dissemination of the class notice should be delayed can be addressed during the motion to approve the class notice. The Court also disagrees with Defendants' argument that the class certification ruling raises the stakes of the litigation so significantly that Defendants will feel "irresistible pressure to settle." Defs.' Joint Mem. Supp. Mot. [Docket No. 657] at 11 (quoting
The final two factors also weigh against the Defendants' requested stay. The Midwest Plaintiffs would be substantially prejudiced by a stay, which would significantly delay a case that is already nearly eight years old. Were the Eighth Circuit to grant Defendants' Rule 23(f) petition, the appeal process would likely take nearly a year or more before a final ruling is reached. Additionally, the public has an interest in the "expeditious resolution" of class action antitrust lawsuits.
Based upon the foregoing, and all the files, records, and proceedings herein,