Associated Wholesale Grocers, Inc. v. United Potato Growers of America, Inc. et al, No. 4:2013cv00251 - Document 392 (D. Idaho 2015)
Court Description: MEMORANDUM DECISION AND ORDER granting (871) Motion for Summary Judgment in case 4:10-md-02186-BLW-CWD; granting ( 385 ) Motion for Summary Judgment in case 4:13-cv-00251-BLW-CWD. Signed by Judge B. Lynn Winmill. Associated Cases: 4:10-md-02186-BLW-CWD, 4:13-cv-00251-BLW-CWD(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
Download PDF
<![CDATA[
Associated Wholesale Grocers, Inc. v. United Potato Growers of America, Inc. et al Doc. 392 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO IN RE: FRESH AND PROCESS POTATOES ANTITRUST LITIGATION Case No. 4:10-MD-2186-BLW ORDER THIS DOCUMENT RELATES TO: Kansas Tag-Along Action Only Associated Wholesale Grocers, Inc., v. United Potato Growers of America, Inc., et al., Case No. KS/2:13-cv-02182 (LAH) 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. ORDER - 1 Dockets.Justia.com 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. DATED: November 12, 2015 _________________________ B. Lynn Winmill Chief Judge United States District Court ORDER - 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
