In re: Processed Egg Products Antitrust Litigation, MDL No. 2002.

CourtUnited States Judicial Panel on Multidistrict Litigation
Citation588 F.Supp.2d 1366
Docket NumberMDL No. 2002.
PartiesIn re: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION.
Decision Date02 December 2008
588 F.Supp.2d 1366
In re: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION.
MDL No. 2002.
United States Judicial Panel on Multidistrict Litigation.
December 2, 2008.

Before JOHN G. HEYBURN II, Chairman, J. FREDERICK MOTZ, ROBERT L. MILLER, JR., KATHRYN H. VRATIL,* DAVID R. HANSEN and W. ROYAL FURGESON, JR., Judges of the Panel.

Page 1367

TRANSFER ORDER

JOHN G. HEYBURN II, Chairman.


Before the entire Panel *: Plaintiff in the District of Minnesota action and plaintiff in one Eastern District of Pennsylvania action have moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation as follows: (1) plaintiff in the District of Minnesota action moves for centralization in the District of Minnesota; and (2) plaintiff in one Eastern District of Pennsylvania action moves for centralization in the Eastern District of Pennsylvania. Plaintiffs in two other actions pending in the Eastern District of Pennsylvania support centralization in the Eastern District of Pennsylvania. Responding defendants support centralization in the District of Minnesota or, alternatively, the Southern District of Indiana. Plaintiff in a potentially related action pending in the District of New Jersey supports centralization of only those actions relating to processed egg products in the District of Minnesota, and the moving District of Minnesota plaintiff now agrees that only actions relating to processed egg products, and not shell eggs, should be included in centralized proceedings.

This litigation currently consists of three actions listed on Schedule A and pending in two districts, two actions in the Eastern District of Pennsylvania, and one action in the District of Minnesota.1

On the basis of the papers filed and hearing session held, we find that all of the actions involve common questions of fact, and that centralization of all actions under Section 1407 in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. These actions share factual questions relating to allegations that defendants conspired to fix, raise, maintain, and stabilize the price of eggs and/or processed egg products sold in the United States in violation of the Sherman Antitrust Act. Centralization under Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings, especially with respect to class certification; and conserve...

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8 practice notes
  • Associated Wholesale Grocers, Inc. v. United Egg Producers (In re Processed Egg Prods. Antitrust Litig.), MDL No. 2002.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 20, 2011
    ...supply of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F.Supp.2d 1366, 1367 (J.P.M.L.2008). Some of those cases also include various state law claims against the Defendants. Because this Kansas action has b......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 20, 2012
    ...supply of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F.Supp.2d 1366, 1367 (J.P.M.L.2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other fo......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 19, 2012
    ...of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F. Supp. 2d 1366, 1367 (J.P.M.L. 2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other food s......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 16, 2012
    ...of eggs and egg products and thereby affect the domestic pricesPage 2of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F. Supp. 2d 1366, 1367 (J.P.M.L. 2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other f......
  • Request a trial to view additional results
8 cases
  • Associated Wholesale Grocers, Inc. v. United Egg Producers (In re Processed Egg Prods. Antitrust Litig.), MDL No. 2002.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 20, 2011
    ...supply of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F.Supp.2d 1366, 1367 (J.P.M.L.2008). Some of those cases also include various state law claims against the Defendants. Because this Kansas action has b......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 20, 2012
    ...supply of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F.Supp.2d 1366, 1367 (J.P.M.L.2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other fo......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 19, 2012
    ...of eggs and egg products and thereby affect the domestic prices of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F. Supp. 2d 1366, 1367 (J.P.M.L. 2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other food s......
  • In re Processed Egg Prods. Antitrust Litig., MDL No. 2002
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 16, 2012
    ...of eggs and egg products and thereby affect the domestic pricesPage 2of those goods. See In re Processed Egg Prods. Antitrust Litig., 588 F. Supp. 2d 1366, 1367 (J.P.M.L. 2008). The plaintiffs are direct purchasers (such as grocery stores, commercial food manufacturers, restaurants, other f......
  • Request a trial to view additional results

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