United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL … · 2014-10-06 · United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL

United States District Court Middle District of Pennsylvania (Harrisburg)

CIVIL DOCKET FOR CASE #: 1:04-cv-00576-SHR

APPEAL, BCOSTS, CLOSED, HBG, PROTO, REOPEN, STANDARD

Feesers, Inc. v. Michael Foods, Inc. et al Assigned to: Honorable Sylvia H. Rambo

Cause: 28:1331 Fed. Question: Anti-trust

Case in other court: USCA, 06-02661USCA, 09-02548Third Circuit, 09-02952

Date Filed: 03/17/2004 Date Terminated: 04/27/2009 Jury Demand: None Nature of Suit: 410 Anti-Trust Jurisdiction: Federal Question

Plaintiff

Feesers, Inc. represented by Eamon O'Kelly Dewey & LeBoeuf LLP 1301 Avenue of the Americas New York , NY 10019-6092 212-259-6342 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED George E. Mastoris Dewey & LeBoeuf LLP 1301 Avenue of the Americas New York , NY 10019-6092 212.259.6827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L. Kessler DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York , NY 10019-6092 212-259-8050 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John F. Collins DEWEY & LEBOEUF LLP 1301 Avenue of the Americas New York , NY 10019-6092 212-259-7080

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Fax: 12122596333 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa M. Card Dewey & LeBoeuf LLP 1301 Avenue of the Americas New York , NY 10019-6092 212-259-7018 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven M. Williams Cohen Seglias Pallas Greenhall & Furman PC 240 North Third St. 7th Floor Harrisburg , PA 17101 717-234-5530 Fax: 717-213-0731 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Susannah P. Torpey Dewey & LeBoeuf LLP 1301 Avenue of the Americas New York , NY 10019-6092 212.259.7165 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Michael Foods, Inc. represented by Alfred C. Pfeiffer Latham & Watkins LLP 505 Montgomery Street Suite 2000 San Francisco , CA 94111 415-281-0600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David A. Applebaum Leonard Street and Deinard,



Professional Association 150 South Fifth Street Suite 2300 Minneapolis , MN 55402 612-335-1943 LEAD ATTORNEY ATTORNEY TO BE NOTICED David G Parry Leonard, Street and Deinard, Professional Association 150 South Fifth Street, Suite 2300 Minneapolis , MN 55402 (612) 335-7201 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert L. DeMay Leonard, Street and Deinard 150 South Fifth Street Suite 2300 Minneapolis , MN 55402 612-335-1500 Fax: 16123351657 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bridget E. Montgomery Eckert Seamans Cherin & Mellott, LLC 213 Market St 8th Floor Harrisburg , PA 17101 717-237-6054 Fax: 717-237-6019 Email: [email protected] ATTORNEY TO BE NOTICED Eric J. McCarthy Latham & Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington , DC 20004 202.637.2200 Email: [email protected] ATTORNEY TO BE NOTICED Jennifer L. Giordano



Latham & Watkins LLP 555 Eleventh Street, NW Washington , DC 20004 202.637.2200 Email: [email protected] ATTORNEY TO BE NOTICED Margaret M. Zwisler Latham & Watkins 555 Eleventh Street, N.W. Suite 1000 Washington , DC 20004-1304 (202) 637-1092 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Sodexho, Inc. represented by Jennifer B. Furey Cooley Manion Jones LLP 21 Custom House Street Boston , MA 02110 617.737.3100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin F Gaynor , III Cooley, Manion, Jones LLP 21 Custom House Street Boston , MA 02110 (617) 737-3100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott P. Fink Cooley Manion Jones LLP 21 Custom House Street Boston , MA 02110 617-737-3100 LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew M. Haar Saul Ewing, LLP 2 North Second Street 7th Floor Harrisburg , PA 17101 717-257-7508 Email: [email protected]



ATTORNEY TO BE NOTICED

Amicus

International Foodservice Distributors Association

represented by David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle , PA 17013 717-243-3341 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/17/2004 1 COMPLAINT against Michael Foods, Inc., Sodexho, Inc. ( Filing fee $150, Receipt Number 333 95984), filed by Feesers, Inc.. (Attachments: # 1 Civil Cover Sheet # 2 Rule 7.1 Disclosure)(kn, ) (Entered: 03/18/2004)

03/18/2004 Summons Issued as to Michael Foods, Inc., Sodexho, Inc. and provided to Attorney Williams for service on Defendant(s). (kn, ) (Entered: 03/18/2004)

03/24/2004 2 SUMMONS Returned Executed by Feesers, Inc.. Michael Foods, Inc. served on 3/22/2004, answer due 4/12/2004. (Williams, Steven) (Entered: 03/24/2004)

03/24/2004 3 SUMMONS Returned Executed by Feesers, Inc.. Sodexho, Inc. served on 3/22/2004, answer due 4/12/2004. (Williams, Steven) (Entered: 03/24/2004)

03/29/2004 4 ORDER Re: Case Assignment and Procedures Signed by Judge Sylvia H. Rambo on 03/29/04. (ma, ) (Entered: 03/29/2004)

03/29/2004 5 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Eamon O'Kelly on behalf of Feesers, Inc. ( Filing fee $25, Receipt Number 111 18419) (pw, ) (Entered: 03/30/2004)

03/29/2004 6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jeffrey L. Kessler on behalf of Feesers, Inc. ( Filing fee $25, Receipt Number 111 18419). (pw, ) (Entered: 03/30/2004)

03/29/2004 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erick M. Sandler on behalf of Feesers, Inc. ( Filing fee $25, Receipt Number 111 18419). (pw, ) (Entered: 03/30/2004)

03/29/2004 8 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John F. Collins on behalf of Feesers, Inc. ( Filing fee $25, Receipt Number 111 18419). (pw, ) (Entered: 03/30/2004)

03/30/2004 9 SPECIAL ADMISSIONS FORM APPROVED as to Eamon O'Kelly o/b/o FeesersSigned by Judge Sylvia H. Rambo on 03/30/04. (ma, ) (Entered: 03/30/2004)

03/30/2004 10 SPECIAL ADMISSIONS FORM APPROVED as to Jeffrey Kessler o/b/o FeesersSigned by Judge Sylvia H. Rambo on 03/30/04. (ma, ) (Entered:



03/30/2004)

03/30/2004 11 SPECIAL ADMISSIONS FORM APPROVED as to Erick M. Sandler o/b/0 FeesersSigned by Judge Sylvia H. Rambo on 03/30/04. (ma, ) (Entered: 03/30/2004)

03/30/2004 12 SPECIAL ADMISSIONS FORM APPROVED as to John Collins o/b/o Feesers.Signed by Judge Sylvia H. Rambo on 03/30/04. (ma, ) (Entered: 03/30/2004)

04/12/2004 13 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond by Sodexho, Inc.. (Attachments: # 1 Proposed Order)(Haar, Matthew) (Entered: 04/12/2004)

04/12/2004 14 ORDER granting Motion for a 30 day ExtTm to Answer the cmplnt 13 Signed by Judge Sylvia H. Rambo on 04/12/04 (ma, ) (Entered: 04/12/2004)

04/12/2004 15 SPECIAL ADMISSIONS FORM APPROVED as to Robert L. DeMay on behalf of Michael Foods Inc.Signed by Judge Sylvia H. Rambo on 04/12/04. (ma, ) (Entered: 04/12/2004)

04/12/2004 16 MOTION for Extension of Time to for Filing Response to Complaint by Michael Foods, Inc.. (Attachments: # 1 # 2)(Patterson, Mary) (Entered: 04/12/2004)

04/12/2004 17 CERTIFICATE OF SERVICE by Michael Foods, Inc. re 16 MOTION for Extension of Time to for Filing Response to Complaint (Patterson, Mary) (Entered: 04/12/2004)

04/13/2004 18 ORDER granting Mtn to ExtTm 16 : Michael Foods, Inc. shall have until 5/13/04 in order to file aresponse to the Complaint. Signed by Judge Sylvia H. Rambo on 04/13/04 (ma, ) (Entered: 04/13/2004)

05/04/2004 19 NOTICE:A CMC has been set for 6/14/2004 @ 9:15 AM before Honorable Sylvia H. Rambo.This conference is by phone and the call is to be initiated by the pltf. (ma, ) (Entered: 05/04/2004)

05/10/2004 20 NOTICE:The CMC has been re-schd'd for 6/22/2004 @ 9:15 AM before Honorable Sylvia H. Rambo.Conference is by phone and the call is to be initiated by the pltf.(ma, ) (Entered: 05/10/2004)

05/12/2004 21 MOTION to Dismiss by Sodexho, Inc.. (Attachments: # 1 Proposed Order)(Haar, Matthew) (Entered: 05/12/2004)

05/12/2004 22 BRIEF IN SUPPORT re 21 MOTION to Dismiss filed by Sodexho, Inc.. Brief in Opposition due by 6/1/2004 (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Exhibit(s) # 4 Exhibit(s) # 5 Exhibit(s))(Haar, Matthew) (Entered: 05/12/2004)

05/12/2004 23 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 for Defendant Sodexho, Inc.. (Haar, Matthew) (Entered: 05/12/2004)

05/13/2004 24 ANSWER to Complaint and Affirmative Defenses by Michael Foods, Inc.. (Attachments: # 1 Exhibit(s))(Patterson, Mary) (Entered: 05/13/2004)



05/13/2004 25 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 of Defendant Michael Foods, Inc.. (Patterson, Mary) (Entered: 05/13/2004)

06/01/2004 26 BRIEF IN OPPOSITION re 21 MOTION to Dismiss filed by Feesers, Inc.. Reply Brief due by 6/18/2004. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Exhibit(s) # 4 Exhibit(s) # 5 Exhibit(s))(Williams, Steven) (Entered: 06/01/2004)

06/15/2004 27 CASE MANAGEMENT PLAN (JOINT) by Feesers, Inc.. (Williams, Steven) (Entered: 06/15/2004)

06/16/2004 28 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kathryn Colburn on behalf of Sodexho, Inc. ( Filing fee $25, Receipt Number 111141167) (crh, ) (Entered: 06/16/2004)

06/16/2004 29 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Martin F Gaynor III on behalf of Sodexho, Inc. ( Filing fee $25, Receipt Number 111141167). (crh, ) (Entered: 06/16/2004)

06/17/2004 30 SPECIAL ADMISSIONS FORM APPROVED as to Kathryn Colburn o/b/o SodexhoSigned by Judge Sylvia H. Rambo on 06/17/04. (ma, ) (Entered: 06/17/2004)

06/17/2004 31 SPECIAL ADMISSIONS FORM APPROVED as to Martin Gaynor o/b/o SodexhoSigned by Judge Sylvia H. Rambo on 06/17/04. (ma, ) (Entered: 06/17/2004)

06/18/2004 32 REPLY BRIEF re 21 MOTION to Dismiss filed by Sodexho, Inc.. (Haar, Matthew) (Entered: 06/18/2004)

06/22/2004 34 ORDER - STANDARD CASE MANAGEMENT TRACK Discovery due by 12/31/2004. Dispositive Motions due by 1/17/2005. Pretrial Memos due by 4/8/2005. Pretrial Conference set for 4/15/2005 @ 9:00 AM before Honorable Sylvia H. Rambo. Status Report due by 7/23/2004. Non Jury Trial set for 5/2/2005 09:30 AM before Honorable Sylvia H. Rambo. See order for other ddls.Signed by Judge Sylvia H. Rambo on 06/22/04. (ma, ) (Entered: 06/22/2004)

07/21/2004 42 ORDER: Parties shall inform the court, by 7/30/04 whether the issues re. discovery disputes have been resolved.Signed by Judge Sylvia H. Rambo on 07/21/04. (ma, ) (Entered: 08/30/2004)

07/22/2004 36 STIPULATION (Confidentiality) and Protective Order by Feesers, Inc., Michael Foods, Inc., Sodexho, Inc.. (Williams, Steven) (Entered: 07/22/2004)

07/23/2004 37 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDERSigned by Judge Sylvia H. Rambo on 07/23/04. (ma, ) (Entered: 07/23/2004)

07/23/2004 38 Letter from John F. Collins regarding parties' mediation efforts. (Williams, Steven) (Entered: 07/23/2004)

07/30/2004 39 Letter from John F. Collins re: status of discovery dispute resolution. (Williams, Steven) (Entered: 07/30/2004)

08/23/2004 40 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Matthew



Freimuth on behalf of Feesers, Inc. ( Filing fee $25, Receipt Number 111 141582). (pw, ) (Entered: 08/24/2004)

08/25/2004 41 SPECIAL ADMISSIONS FORM APPROVED as to Matthew Freimuth on/b/o Feesers, Inc.Signed by Judge Sylvia H. Rambo on 08/25/04. (ma, ) (Entered: 08/25/2004)

08/30/2004 Document #42 not entered on to the docket when originally issued. Parties have complied. (ma, ) (Entered: 08/30/2004)

08/31/2004 44 MEMORANDUM AND ORDER: 1) Sodexho shall produce to Feesers docs and info relatingto the categories of institutions the parties agreed to and w/i the geographical andtime limitations established by the parties. 2) Feesers shall re-examine its answers to Sodexho's interrogatories andto the extent it has knowledge, submit to Sodexho more specific facts regarding theactual competition between Feesers and Sodexho.Signed by Judge Sylvia H. Rambo on 08/31/04. (ma, ) (Entered: 08/31/2004)

10/14/2004 45 AMENDED CASE MANAGEMENT ORDER - Discovery due by 4/29/2005. J/S and Trial moved to the 9/6/2005 09:30 AM. Dispositive Mts due by 5/13/2005. PTMs due by 8/12/2005. PTC set for 8/19/2005 09:00 AM. See order for other ddls. Signed by Judge Sylvia H. Rambo on 10/14/04. (ma, ) (Entered: 10/14/2004)

10/27/2004 46 MEMORANDUM AND ORDER denying 21 Motion to Dismiss Signed by Judge Sylvia H. Rambo on 10/27/04 (ma, ) (Entered: 10/27/2004)

11/10/2004 47 ANSWER to Complaint by Sodexho, Inc..(Haar, Matthew) (Entered: 11/10/2004)

01/07/2005 48 CORRECTION NOTICE: Bench Trial set for 9/6/2005 09:30 AM before Honorable Sylvia H. Rambo.(ma, ) (Entered: 01/07/2005)

01/18/2005 49 ORDER AMENDING THE CASE MANAGEMENT ORDER; Discovery due by 7/29/2005. Dispositive and Daubert Mtns due by 8/15/2005. PTMs due by 11/11/2005. Bench Trial set for 12/5/2005 beginning at 9:30 AM. PTC re-schd'd for 11/18/2005 @ 10:00 AM. See order for other ddls.Signed by Judge Sylvia H. Rambo on 01/18/05. (ma, ) Additional attachment(s) added on 1/18/2005 (ma, ). (Entered: 01/18/2005)

04/19/2005 50 MOTION to Appear Pro Hac Vice of David G. Parry, Esquire by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Messinger, Brett) (Entered: 04/19/2005)

04/20/2005 51 Special Admission Filing fee: $ 25.00, receipt number 333 101308, Re: David G. Parry (ga, ) (Entered: 04/20/2005)

04/25/2005 52 SPECIAL ADMISSIONS FORM APPROVED as to David G. Parry, Esq. on behalf of Michael Foods Inc.Signed by Judge Sylvia H. Rambo on 04/25/05. (ma, ) (Entered: 04/25/2005)

05/19/2005 53 MOTION for Summary Judgment (Memorandum of Law, Local Rule 56.1 Statement of Material Facts As To Which There Is No Genuine Dispute, and Affidavits are being filed under seal) by Michael Foods, Inc.. (Attachments: #



1 Proposed Order # 2 Certificate of Service)(Messinger, Brett) (Entered: 05/19/2005)

05/19/2005 54 DOCUMENT SEALED pursuant to Court Order (crh, ) (Entered: 05/20/2005)



05/19/2005 57 DOCUMENT SEALED pursuant to Court Order File too voluminous placed on OSF in HBG (crh, ) (Entered: 05/23/2005)

05/27/2005 58 Consent MOTION for Extension of Time to to respond to Motion for Summary Judgment of Michael Foods and for an Order Amending the Case Management Order by Feesers, Inc.. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Stipulated Order)(Williams, Steven) (Entered: 05/27/2005)

05/31/2005 59 ORDER granting mtn for exttm to Respond to Dft Michael Foods, Inc.'s mtn for S/J and for an Order Amending the Case Mgmnt ddls 58 . Bropp to Michael Foods' mtn for s/j due by 6/13/05.Discovery due by 10/14/2005. PTMs due by 2/10/2006. Non-Jury Trial set to begin on 3/6/2006 flwng completion of all jury selections which begin at 9:30 AM. A date certain for trial may be discussed at the PTC which is schd'd for 2/17/2006 @ 11:00 AM before Honorable Sylvia H. Rambo. See order for other ddls.Signed by Judge Sylvia H. Rambo on 05/31/05 (ma, ) (Entered: 05/31/2005)

06/13/2005 60 MOTION to Continue Defendant Michael Foods, Inc.'s Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(f) by Feesers, Inc.. (Attachments: # 1 Certificate of Non-Concurrence# 2 Proposed Order)(Williams, Steven) (Entered: 06/13/2005)



06/13/2005 65 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit A-5# 3 Exhibit A-17# 4 Exhibit A-18# 5 Exhibit A-20# 6 Exhibit A-21# 7 Exhibit A-22# 8 Exhibit A-23# 9 Exhibit A-24# 10 Exhibit A-25# 11 Exhibit A-26# 12 Exhibit B# 13 Exhibit B-13# 14 Exhibit C# 15 Exhibit D# 16 Exhibit D-12# 17 Exhibit E# 18 Exhibit F# 19 Exhibit G) (crh, ) (Entered: 06/14/2005)

06/13/2005 66 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J) (crh, ) (Entered: 06/14/2005)

06/13/2005 67 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Part 2) (crh, ) (Entered: 06/14/2005)


06/13/2005 69 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7



Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T) (crh, ) (Entered: 06/14/2005)

06/14/2005 61 MOTION to Appear Pro Hac Vice by Sodexho, Inc..(Haar, Matthew) (Entered: 06/14/2005)

06/14/2005 64 SPECIAL ADMISSIONS FORM APPROVED as to Kerri Lynne McComiskey on/b/o Sodexho, Inc.Signed by Judge Sylvia H. Rambo on 06/14/05. (ma, ) (Entered: 06/14/2005)

06/21/2005 70 Special Admission Filing fee: $ 25.00, receipt number 333 102086, Re: Kerri Lynne McComiskey (ga, ) (Entered: 06/21/2005)

06/28/2005 71 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H) (crh, ) (Entered: 06/28/2005)

06/28/2005 72 DOCUMENT SEALED pursuant to Court Order (Attachments: # Exhibit A# Exhibit B# Exhibit C) (crh, ) Additional attachment(s) added on 6/28/2005 (crh, ). (Entered: 06/28/2005)


06/28/2005 74 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (crh, ) (Entered: 06/28/2005)



07/13/2005 77 DOCUMENT SEALED pursuant to Court Order. (ctm) (Entered: 07/13/2005)

07/13/2005 78 DOCUMENT SEALED pursuant to Court Order. Document exceeds 5 mb and will not scan. Placed on HBG open file shelf. (ctm) (Entered: 07/13/2005)

08/05/2005 79 MOTION for Protective Order by Feesers, Inc.. (Attachments: # 1 Proposed Order)(Collins, John) (Entered: 08/05/2005)

08/05/2005 80 BRIEF IN SUPPORT re 79 MOTION for Protective Order filed by Feesers, Inc.. Brief in Opposition due by 8/23/2005 (Attachments: # 1 Exhibit(s) A - Declaration of Matthew Freimuth in Support of Motion# 2 Exhibit(s) B - Unpublished Opinions)(Collins, John) (Entered: 08/05/2005)

08/08/2005 81 DOCUMENT SEALED pursuant to Court Order (ma, ) (Entered: 08/08/2005)

08/12/2005 82 Letter from Robert L. DeMay to Honorable Sylvia H. Rambo. (DeMay, Robert) (Entered: 08/12/2005)



08/15/2005 86 NOTICE:The Pretrial Conf has been re-scheduled for 2/14/2005 @ 10:00 AM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 08/15/2005)



08/16/2005 87 AMENDED NOTICE:Correcting the PTC date to reflect 2/14/2006 @ 10:00 AM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 08/16/2005)


08/24/2005 89 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Kathryn R. Colburn terminated on behalf of Sodexho. (Haar, Matthew) (Entered: 08/24/2005)



10/03/2005 93 AMENDED CASE MANAGEMENT ORDER:1. The discovery ddln will be ext'd to n/l/t 11/03/05, to allow for the taking of the depos of the parties' experts only ?Dfts expert, Dr. Scheffman, and Pltf's expert, Dr. Larner;2. All other discovery must be completed by the prior discoveryddl of 10/14/05;3. Michael Foods will re-schedule the depos of Pltf's expert,Dr. Larner, to a date closer in time to that of the depos of Dfts' expert,Dr. Scheffman, per agreement of the parties; and4. The crt's CMO is amended as flws:1) Daubert Mtns 11/17/052) Dispos Mtns 11/17/053) Daubert Hrng (if necessary) 12/05/05at 10:00 a.m.4) Mtns in lim 01/10/065) Responses to mtns in lim 01/20/066) Replies to mtns in lim 01/27/067) Ptms 02/10/068) Ptc 02/17/06at 11:00 a.m.9) Trial (nonjury) 03/06/06. Signed by Judge Sylvia H. Rambo on 10/03/05. (ma, ) (Entered: 10/03/2005)

10/04/2005 94 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Mary P. Patterson terminated on behalf of MICHAEL FOODS, INC.. (Patterson, Mary) (Entered: 10/04/2005)

10/07/2005 Document 95 deleted per counsel's request. Document to be refiled. (aaa, ) (Entered: 10/07/2005)

10/07/2005 95 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Matthew M. Haar on behalf of Sodexho, Inc.. (Haar, Matthew) (Entered: 10/07/2005)

10/11/2005 96 SPECIAL ADMISSIONS FORM APPROVED as to Christopher Sheehan, Esq. on/b/o Sodexho, Inc.Signed by Judge Sylvia H. Rambo on 10/11/05. (ma, ) (Entered: 10/11/2005)


10/13/2005 98 Special Admission Fee paid. $ 25, receipt number 333103511 Mathew Haar, Special Admission filing fee 10/11/2005 (bg, ) (Entered: 10/13/2005)

10/25/2005 99 MOTION for Leave to File an Amended Answer by Sodexho, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit(s) Exhibit A First Amended Answer of Defendant Sodhexho, Inc.)(Haar, Matthew) (Entered: 10/25/2005)

10/27/2005 100 ORDER granting Sodexho, Inc's Mtn for LvF an amended answer 99 . The clrk shall file the amnd'd answer attached to the mtn.Signed by Judge Sylvia H. Rambo on 10/27/05 (ma, ) (Entered: 10/27/2005)

10/27/2005 101 AMENDED ANSWER to Complaint 1 by Sodexho, Inc.. (ma, ) (Entered:



10/27/2005)

11/02/2005 102 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Matthew S. Freimuth terminated on behalf of Feesers. (Collins, John) (Entered: 11/02/2005)

11/09/2005 103 MOTION to Exceed Page Limitation by Feesers, Inc.. (Attachments: # 1 Certificate of Concurrence# 2 Supplemental Certificate of Service# 3 Proposed Order)(Williams, Steven) (Entered: 11/09/2005)

11/10/2005 104 AMENDED DOCUMENT by Feesers, Inc.. Amended Certificate of Concurrence regarding Motion for an Extension of the Word Limit. (Williams, Steven) (Entered: 11/10/2005)

11/10/2005 105 ORDER granting Mtn for LvF Excess Pages for brSupp of or bropp to mtns SumJgm 103 . Brfs not to exceed 10k words.Signed by Judge Sylvia H. Rambo on 11/10/05 (ma, ) (Entered: 11/10/2005)

11/14/2005 106 SCHEDULING ORDER: 1. The date certain for the nonjury trial is 6/26/06 at 9:30 a.m.2. The CMO, as previously amended by the crt'sOrder of 10/03/05, be further amended as follows:a) Mtns in limine 03/10/06b) Responses to mtns in limine 03/24/06c) Replies to mtns in limine 04/07/06d) Ptm by noon 6/12/06e) Ptc at 10:00 a.m. 06/16/06f) Trial (nonjury) commencing at 9:30 a.m. 6/26/063. In all other respects, the CMO, as previouslyamended by the crt's Order of 10/3/05, remains in effect. Signed by Judge Sylvia H. Rambo on 11/14/05. (ma, ) (Entered: 11/14/2005)


11/14/2005 108 ORDER: In light of the ltr 107 from cnsel for Michael Foods dated 11/14/05, IT IS HEREBY ORDERED THAT the schd'g order issued11/14/05 106 is suspended pending a conference call between the crt andcounsel. Signed by Judge Sylvia H. Rambo on 11/14/05. (ma, ) (Entered: 11/14/2005)

11/17/2005 110 MOTION for Summary Judgment by Sodexho, Inc.. (Attachments: # 1)(Haar, Matthew) (Entered: 11/17/2005)

11/17/2005 111 MOTION to Exclude Portions of Plaintiff's Expert Testimony by Sodexho, Inc.. (Attachments: # 1)(Haar, Matthew) (Entered: 11/17/2005)

11/17/2005 113 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Proposed Order) (crh, ) (Entered: 11/18/2005)


11/17/2005 115 DOCUMENT SEALED pursuant to Court Order (FILE VOLUMINOUS, PLACED ON OSF HBG) (crh, ) (Entered: 11/18/2005)






11/17/2005 119 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B) (crh, ) (Entered: 11/18/2005)


11/17/2005 121 DOCUMENT SEALED pursuant to Court Order (crh, ) FILE VOLUMINOUS, PLACED ON OSF HBG (Entered: 11/18/2005)



11/17/2005 124 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Proposed Order # 2 Certificate) (crh, ) (Entered: 11/18/2005)


11/17/2005 126 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (part 1)# 3 Exhibit 2 (part 2)# 4 Exhibit 3# 5 Exhibit 4 (part 1)# 6 Exhibit 4 (part 2)# 7 Exhibit 5) (crh, ) (Entered: 11/18/2005)




11/17/2005 131 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A (part 1)# 2 Exhibit A (part 2)# 3 Exhibit B# 4 Exhibit C# 5 Exhibit C) (crh, ) (Entered: 11/18/2005)





11/17/2005 136 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9) (crh, ) (Entered: 11/18/2005)

11/17/2005 137 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 List of Exhibits (Filed in 14 Volumes)# 2 Vol. 1 Cover page-Exhibits 1-130 of 109# 3 Vol. 2 Cover page-Exhibits 31-50 of 109# 4 Vol. 3 Cover page- Exhibits 51-61 of 109# 5 Vol. 4 Cover page-Exhibits 62-71 of 109# 6 Vol. 5 Cover page- Exhibits 72-73 of 109# 7 Vol. 6 Cover page-Exhibits 74-78 of 109# 8 Vol. 7 Cover page- Exhibits 79-83 of 109# 9 Vol. 8 Cover page- Exhibits 84 of 109# 10 Vol. 9 Cover page- Exhibits 85-87 of 109# 11 Vol. 10 Cover page- Exhibits 88-90 of 109# 12 Vol. 11 Cover page- Exhibits 91-94 of109# 13 Vol. 12 Cover page- Exhibits 95-97 of 109# 14 Vol. 13 Cover page- Exhibits 98-101 of 109# 15 Vol. 14 Cover page- Exhibits 102-109 of 109) EXHIBIT FILE TOO VOLUMINOUS, PLACED ON OSF HBG(crh, ) (Entered: 11/18/2005)



11/17/2005 138 DOCUMENT SEALED pursuant to Court Order (crh, ) FILE TOO VOLUMINOUS PLACED ON OSF HBG (Entered: 11/18/2005)

11/18/2005 112 ORDER: 1) The crt's sched order of 11/14/05 106 isWITHDRAWN;2) The date certain for the nj trial in the captioned case is 6/19/06, at 9:30 a.m.;3) The Daubert hrng, schd'd for 12/5/05, iscancelled until further notice;4) Responsive brfs to sumjgm and Daubert mtns mustbe filed n/l/t 12/8/05;5) Reply brfs to sumjgm and Daubert mtns must befiled in accord w/LRs; and 6) The CMO, as previously amnd'd by the crt?sOrder of 10/3/05, be further amnd'ed as flws:a) Mtns in lim 03/10/06b) Responses to mtns in lim 3/24/06c) Replies to mtns in lim 4/7/06d) PTMs by noon 5/18/06e) PTC at 10:00 a.m. 5/25/06f) Trial (nonjury) commencing at 9:30 a.m. 6/19/06Signed by Judge Sylvia H. Rambo on 11/18/05. (ma, ) (Entered: 11/18/2005)

11/18/2005 127 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Proposed Order # 2 Exhibit A) (crh, ) (Entered: 11/18/2005)

11/18/2005 139 DOCUMENT SEALED pursuant to Court Order. (pw, ) (Entered: 11/21/2005)

11/21/2005 140 DOCUMENT SEALED pursuant to Court Order (pw, ) (Entered: 11/21/2005)

12/06/2005 141 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David A. Applebaum on behalf of Michael Foods, Inc. ( Filing fee $25, Receipt Number 111 144606) (crh, ) (Entered: 12/06/2005)

12/08/2005 142 SPECIAL ADMISSIONS FORM APPROVED as to David Applebaum, Esq. on behalf of Michael Foods, Inc.Signed by Judge Sylvia H. Rambo on 12/08/05. (ma, ) (Entered: 12/08/2005)

12/08/2005 143 MOTION for Leave to File Amicus Curiae Brief by International Foodservice Distributors Association. (Attachments: # 1 Proposed Order # 2 Memorandum# 3 amicus curiae brief)(Fitzsimons, David) (Entered: 12/08/2005)


12/08/2005 145 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (crh, ) (Entered: 12/09/2005)

12/08/2005 146 DOCUMENT SEALED pursuant to Court Order (Exhibit E to doc. 145) (crh, ) (Entered: 12/09/2005)


12/08/2005 148 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit A# 2 Exhibit B) (crh, ) (Entered: 12/09/2005)


12/08/2005 150 DOCUMENT SEALED pursuant to Court Order (crh, ) Exhibit A to doc. 149) (Entered: 12/09/2005)














12/08/2005 162 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit 110# 2 Exhibit 111# 3 Exhibit 112# 4 Exhibit 113# 5 Exhibit 113# 6 Exhibit 114# 7 Exhibit 115# 8 Exhibit 116# 9 Exhibit 117# 10 Exhibit 118# 11 Exhibit 119# 12 Exhibit 120# 13 Exhibit 121# 14 Exhibit 122# 15 Exhibit 123) (crh, ) C/S (Entered: 12/12/2005)


12/08/2005 165 DOCUMENT SEALED pursuant to Court Order file too Exhibits to doc. too Voluminous, placed on OSF HBG (crh, ) (Entered: 12/12/2005)

12/08/2005 187 DOCUMENT SEALED pursuant to Court Order (Never docketed by clerk's office on filing date) (Attachments: # 1 Exhibit) (ma, ) (Entered: 02/10/2006)


12/22/2005 166 BRIEF IN OPPOSITION re 143 MOTION for Leave to File Amicus Curiae Brief in Support of Feesers' Motion for Summary Judgment filed by Sodexho, Inc.. (Attachments: # 1 Exhibit(s) Exhibit 1# 2 Exhibit(s) Exhibit 2# 3 Exhibit(s) Exhibit 3# 4 Exhibit(s) Exhibit 4# 5 Exhibit(s) Exhibit 5)(Haar, Matthew) (Entered: 12/22/2005)

12/22/2005 167 Letter from Jeffrey L. Kessler, Attorney for Plaintiff, Feesers, Inc. requesting Oral Argument. (Williams, Steven) (Entered: 12/22/2005)







12/22/2005 174 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Ex. 124# 2 Ex. 125# 3 Ex. 126# 4 Ex. 127# 5 Ex. 128# 6 Ex. 129# 7 Ex. 130# 8 Ex.



131# 9 Ex. 132# 10 Ex. 133# 11 Ex. 134# 12 Ex. 135# 13 Ex. 136# 14 Ex. 136) (crh, ) (Entered: 12/22/2005)


12/22/2005 176 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Ex. A# 2 Ex. B# 3 Ex. C# 4 Ex. D) (crh, ) (Entered: 12/23/2005)



12/22/2005 179 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Ex. A# 2 Ex. B# 3 Ex. C) (crh, ) (Entered: 12/23/2005)


01/09/2006 180 REPLY BRIEF re 143 MOTION for Leave to File Amicus Curiae Brief filed by International Foodservice Distributors Association.(Fitzsimons, David) (Entered: 01/09/2006)

01/09/2006 181 MEMORANDUM OF LAW by Feesers, Inc. re 166 Brief in Opposition, Feesers Response to Defendants' Joint Opposition to IFDA's Motion for Leave to File Brief as Amicus Curiae. (O'Kelly, Eamon) (Entered: 01/09/2006)

01/09/2006 182 DECLARATION by Feesers, Inc. re 166 Brief in Opposition, Declaration of Eamon O'Kelly in Response to Defendants' Joint Opposition to IFDA's Motion for Leave to File Brief as Amicus Curiae in Support of Feesers' Motion for Summary Judgment. (O'Kelly, Eamon) (Entered: 01/09/2006)


01/11/2006 184 NOTICE by Michael Foods, Inc., Sodexho, Inc. of Supplemental Authority Pertinent to Pending Summary Judgment Motions (DeMay, Robert) (Entered: 01/11/2006)

01/12/2006 185 Letter from Robert L. DeMay to The Honorable Sylvia H. Rambo. (DeMay, Robert) (Entered: 01/12/2006)

02/10/2006 188 MEMORANDUM AND ORDER: 1) Dfts' mtns to exclude portions of Robert Larner's experttstmny pursuant to Daubert 111 and 113 are denied.2) Pltf's mtn to exclude the tstmny of David Scheffmanpursuant to Daubert 124 is denied.3) Dfts' joint mtn to strike Robert Larner's declaration of11/17/05 187 is denied.4) Dft's joint mtn to strike Robert Larner's declaration of12/8/05 177 is deemed moot and the declaration will not beconsidered by the crt. 5) Dfts' joint mtn to strike the declarations of Plaintiff?s laywitnses 144 is denied.Signed by Judge Sylvia H. Rambo on 02/10/06. (ma, ) (Entered: 02/10/2006)

02/10/2006 189 Letter from Jeffrey L. Kessler to Judge Rambo. (O'Kelly, Eamon) (Entered: 02/10/2006)

03/03/2006 190 SCHEDULING ORDER: The court will hold a hearing on limited matters relevant to the parties' pending summary judgment on 3/29/06. See order for details. Signed by Judge Sylvia H. Rambo on 3/3/06. (pw, ) (Entered:



03/03/2006)

03/17/2006 191 NOTICE to parties of a previously scheduled proceeding moving to an alternate courtroom.Signed by Judge Sylvia H. Rambo on 03/17/06. (ma, ) (Entered: 03/17/2006)

03/21/2006 192 MEMORANDUM AND ORDER: the Mtn of the International FoodserviceDistributors Association for Lv to File Brief as Amicus Curiae in Support ofPltf's Mtn for SumJgm 143 is DENIED. Signed by Judge Sylvia H. Rambo on 03/21/06 (ma, ) (Entered: 03/21/2006)

03/29/2006 194 Exhibit List of pltf Feesers, Inc. from mtn hrng held 3/29/06 (ma, ) (Entered: 03/30/2006)

04/26/2006 195 MOTION to Continue Trial Until June 26, 2006 by Michael Foods, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Messinger, Brett) (Entered: 04/26/2006)

05/01/2006 196 TRANSCRIPT of Hearing on Limited Matters Relevant to Pending Motions for Summary Judgment Proceedings held on 03/29/06 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 05/01/2006)

05/01/2006 197 Unopposed MOTION to Amend/Correct Pretrial Order by Feesers, Inc.. (Attachments: # 1 Proposed Order # 2 Alternative Proposed Order)(Williams, Steven) (Entered: 05/01/2006)

05/01/2006 198 STENO NOTES OF PROCEEDINGS before Judge Rambo filed by Wendy Yinger of Expert Hearing on 3/29/06 (crh, ) (Entered: 05/02/2006)

05/04/2006 199 MEMORANDUM AND ORDER: 1) Pltf Feesers, Inc'S Mtn for Sum Jgm 128 isDENIED;2) Dft Michael Foods, Inc's Mtn for Sum Jgm 116 is GRANTED;3) Dft Sodhexho, Inc's Mtn for Sum Jgm 110 is GRANTED;4) The Clrk is directed to ENTER JUDGMENT in favor ofDfts Michael Foods, Inc. and Sodexho, Inc. and against Pltf Feesers, Inc.;5) Dft Michael Foods, Inc's Mtn to Continue Trial 195 is deemed MOOT;6) Pltf Feesers, Inc's Unopposed Mtn for an Amended PretrialOrder 197 is deemed MOOT; and 7) The Clrk is directed to close the file. Signed by Judge Sylvia H. Rambo on 05/04/06 (ma, ) (Entered: 05/04/2006)

05/04/2006 200 JUDGMENT in favor of Defendants against Plaintiff.Signed by Judge Sylvia H. Rambo on 05/04/06. (ma, ) (Entered: 05/04/2006)

05/11/2006 201 NOTICE OF APPEAL in Non-Prisoner Case by Feesers, Inc.. Filing Fee and Docket Fee Paid. Filing fee $ 455, receipt number 783290. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Williams, Steven) (Entered: 05/11/2006)

05/16/2006 202 USCA Case Number 06-2661 for 201 Notice of Appeal, filed by Feesers, Inc.,. USCA Case Manager Tonya Wyche (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Wyche, Tonya) (Entered: 05/16/2006)

05/18/2006 203 Letter Returned with pltf's counsel's signature acknowledging the return of



orig. exhibits (crh, ) (Entered: 05/18/2006)

06/06/2006 COUNSEL are advised that documents 204 & 205 filed 6/2/06 are to be refiled as BILL OF COSTS located under OTHER DOCUMENTS. (jc) (Entered: 06/06/2006)

06/06/2006 206 BILL OF COSTS by Michael Foods, Inc.. Taxation of Costs due by 6/21/2006. (Attachments: # 1 Exhibit A# 2 Notice of Taxation of Costs# 3 Certificate of Service)(Messinger, Brett) (Entered: 06/06/2006)

06/06/2006 207 BILL OF COSTS by Sodexho, Inc.. Taxation of Costs due by 6/21/2006. (Attachments: # 1 Exhibit A# 2 Notice of Taxation of Costs# 3 Certificate of Service)(Haar, Matthew) (Entered: 06/06/2006)

06/07/2006 Document 204 filed 6/2/06 deleted and replaced by document 206 filed 6/6/06. Document 205 filed 6/2/06 deleted and replaced by document 207 filed 6/6/06. (jc) (Entered: 06/07/2006)

06/07/2006 208 Letter to all parties from the Clerk's office staying activity on bills of cost filed by defendants until the appeal filed by the plaintiff is resolved. (rp, ) (Entered: 06/07/2006)

08/14/2007 209 JUDGMENT of USCA (certified copy) as to 201 Notice of Appeal, filed by Feesers, Inc. the order of the District Court entered May 4, 2006 is reversed and the case is remanded for further proceedings in accordance with the opinion of the Court. Costs taxed against the Appellees. (Wyche, Tonya) (Entered: 08/14/2007)

08/17/2007 210 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Margaret M. Zwisler on behalf of Michael Foods, Inc. Attorney Margaret Zwisler is seeking special admission. Filing fee $ 25, receipt number 1094069.. (Attachments: # 1 Certifiacte of Service)(Zwisler, Margaret) (Entered: 08/17/2007)

08/20/2007 211 SPECIAL ADMISSIONS FORM APPROVED as to Margaret Zwisler, Esq on behalf of Michael Foods.Signed by Judge Sylvia H. Rambo on 08/20/07. (ma, ) (Entered: 08/21/2007)

08/21/2007 212 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Erick M. Sandler terminated on behalf of Feesers, Inc.. (O'Kelly, Eamon) (Entered: 08/21/2007)

08/24/2007 213 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alfred C. Pfeiffer on behalf of Michael Foods, Inc. Attorney Alfred C. Pfeiffer, Jr. is seeking special admission. Filing fee $ 25, receipt number 1098371.. (Attachments: # 1 Certificate of Service)(Pfeiffer, Alfred) (Entered: 08/24/2007)

08/24/2007 214 SPECIAL ADMISSIONS FORM APPROVED as to Alfred Pfeiffer, Esq. on behalf of Michael FoodsSigned by Judge Sylvia H. Rambo on 08/24/07. (ma, ) (Entered: 08/24/2007)

08/31/2007 215 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Brent W. Johnson on behalf of Michael Foods, Inc. Attorney Brent Johnson is seeking



special admission. Filing fee $ 25, receipt number 1102648.. (Johnson, Brent) (Entered: 08/31/2007)

08/31/2007 216 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jennifer L. Giordano on behalf of Michael Foods, Inc. Attorney Jennifer Giordano is seeking special admission. Filing fee $ 25, receipt number 1102723.. (Giordano, Jennifer) (Entered: 08/31/2007)

09/04/2007 217 SPECIAL ADMISSIONS FORM APPROVED as to Jennifer Giordano on behalf of Michael FoodsSigned by Judge Sylvia H. Rambo on 09/04/07. (ma, ) (Entered: 09/05/2007)

09/04/2007 218 SPECIAL ADMISSIONS FORM APPROVED as to Brent Johnson on behalf of Michael FoodsSigned by Judge Sylvia H. Rambo on 09/04/07. (ma, ) (Entered: 09/05/2007)

09/05/2007 219 MANDATE of USCA as to 201 Notice of Appeal, filed by Feesers, Inc. (Attachments: # 1 opinion)(Batts, Pam) (Entered: 09/05/2007)

09/11/2007 221 ORDER:1. Each party is to submit a letter brief concerning the issuesremaining for trial by 10/02/08. A response brief to the submission of theopposing party is due by 10/15/077.2. A trial date is scheduled for 1/14/08 and thereafter untilcompleted, in Courtroom 1 on the 9th floor. 1 Bench Trial set for 1/14/2008 09:30 AM in Harrisburg - Courtroom #1 before Honorable Sylvia H. Rambo. Signed by Judge Sylvia H. Rambo on 09/11/07. (ma, ) (Entered: 09/11/2007)

09/28/2007 222 Unopposed MOTION to Amend/Correct 221 Order, Set Hearings,, . Plaintiff Feesers, Inc.'s Unopposed Motion for an Amended Pretrial Order by Feesers, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(O'Kelly, Eamon) (Entered: 09/28/2007)

10/01/2007 223 NOTICE by Feesers, Inc. Notice of Change of Law Firm Name (O'Kelly, Eamon) (Entered: 10/01/2007)

10/02/2007 224 Letter from Martin F. Gaynor III, Esq. to Honorable Sylvia H. Rambo. (Gaynor, Martin) (Entered: 10/02/2007)

10/02/2007 225 Letter from Defendant Michael Foods, Inc. in Response to the Court's September 11, 2007 Order. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 10/02/2007)

10/02/2007 226 CERTIFICATE of Service by Sodexho, Inc. re 224 Letter. (Gaynor, Martin) (Entered: 10/02/2007)

10/02/2007 227 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Stipulated Order# 2 Certificate of Service) (dfm ) (Entered: 10/03/2007)

10/15/2007 228 Letter from Plaintiff Feesers, Inc.'s, Letter Brief in Response to the Letter Briefs of Sodexho, Inc. and Michael Foods, Inc. Dated 10/2/07.. (Attachments: # 1 Affidavit of Service)(O'Kelly, Eamon) (Entered: 10/15/2007)

10/15/2007 229 Letter from Defendants Michael Foods, Inc. and Sodexho, Inc. in Response to



Plaintiff Feesers, Inc.'s Letter Brief Regarding Issues Remaining For Trial. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 10/15/2007)

10/19/2007 230 MEMORANDUM AND ORDER: At trial Feesers will bear the initial burden of presenting evidence on the element of competitive injury, which it must establish by proving both that Feesers competed with Sodexho and that there was discrimination over time by Michael Foods. If Feesers establishes an inference of competitive injury, the burden will shift to Defendants to rebut that inference by showing the absence of a causal link between the price discrimination and lost sales or profits. See Falls City Industries, Inc. v. Vanco Beverages, 460 U.S. 428, 435 (1983) (citing F. Rowe,Price Discrimination Under the Robinson-Patman Act 182 (1962)). Signed by Judge Sylvia H. Rambo on 10/19/07. (ma, ) (Entered: 10/19/2007)

11/13/2007 231 ORDER amending the case mgmnt order: Pretrial Memos due by 12/13/2007. Trial commences on 1/14/2008 @ 9:30 AM in Harrisburg - Courtroom #1 before Honorable Sylvia H. Rambo. Pretrial Conference set for 12/20/2007 @ 10:00 AM before Honorable Sylvia H. Rambo. See order for other ddls.Signed by Judge Sylvia H. Rambo on 11/13/07. (ma, ) (Entered: 11/13/2007)

12/05/2007 232 NOTICE of Appearance by Bridget E. Montgomery on behalf of Michael Foods, Inc. (Montgomery, Bridget) (Entered: 12/05/2007)

12/06/2007 233 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Eric J. McCarthy on behalf of Michael Foods, Inc. Attorney Eric McCarthy is seeking special admission. Filing fee $ 25, receipt number 1165159.. (McCarthy, Eric) (Entered: 12/06/2007)

12/10/2007 234 SPECIAL ADMISSIONS FORM APPROVED as to Eric McCarthy, Esq. on behalf of Michael Foods, Inc.Signed by Judge Sylvia H. Rambo on 12/07/07. (ma, ) (Entered: 12/10/2007)

12/11/2007 235 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Susannah P. Torpey, Esquire on behalf of Feesers, Inc. Attorney Susannah P. Torpey is seeking special admission. Filing Fee: 25.00 Receipt Number: 111002612. (dfm) (Entered: 12/11/2007)

12/11/2007 236 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elizabeth A. Haley, Esquire on behalf of Feesers, Inc. Attorney Elizabeth A. Haley is seeking special admission. Filing Fee: 25.00 Receipt Number: 111002611. (dfm) (Entered: 12/11/2007)

12/11/2007 237 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lisa M. Card, Esquire on behalf of Feesers, Inc. Attorney Lisa M. Card is seeking special admission. Filing Fee: 25.00 Receipt Number: 111002613. (dfm) (Entered: 12/11/2007)

12/12/2007 238 SPECIAL ADMISSIONS FORM APPROVED as to Lisa Card, Esq. on behalf of FeesersSigned by Judge Sylvia H. Rambo on 12/12/07. (ma, ) (Entered: 12/12/2007)

12/12/2007 239 SPECIAL ADMISSIONS FORM APPROVED as to Elizabeth Haley, Esq. on



behalf of FeesersSigned by Judge Sylvia H. Rambo on 12/12/07. (ma, ) (Entered: 12/12/2007)

12/12/2007 240 SPECIAL ADMISSIONS FORM APPROVED as to Susannah Torpey, Esq., on behalf of FeesersSigned by Judge Sylvia H. Rambo on 12/12/07. (ma, ) (Entered: 12/12/2007)

12/13/2007 241 Letter from Eamon O'Kelly to Judge Rambo regarding trial exhibits. (Attachments: # 1 List of Exhibits with Objections pg. 1-50# 2 List of Exhibits with Objections pg. 51-94# 3 Certificate of Service)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 242 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C Part 1# 4 Exhibit(s) C Part 2# 5 Exhibit(s) C Part 3) (jc) (Entered: 12/13/2007)

12/13/2007 243 MOTION in Limine to Exclude All Evidence Related to Entegra Procurement Services by Sodexho, Inc..(Gaynor, Martin) (Entered: 12/13/2007)

12/13/2007 244 MOTION in Limine to Exclude All Evidence Referring or Relating to McCain, Schwan's and Ecolab by Sodexho, Inc..(Gaynor, Martin) (Entered: 12/13/2007)

12/13/2007 245 MOTION in Limine to Exclude Expert Testimony Concerning Ecolab, Inc., Schwan's Food Service, Inc., and McCain Foods USA, Inc. by Sodexho, Inc..(Gaynor, Martin) (Entered: 12/13/2007)

12/13/2007 246 MOTION in Limine to Exclude the Testimony of Thirty-Two Previously Undisclosed Witnesses at Trial by Feesers, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 247 MOTION in Limine to Exclude Evidence Regarding Sodexho as a Purchaser in the Context of Section 2(A) of the Robinson-Patman Act by Michael Foods, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Pfeiffer, Alfred) (Entered: 12/13/2007)

12/13/2007 248 DECLARATION by Feesers, Inc. re 246 MOTION in Limine to Exclude the Testimony of Thirty-Two Previously Undisclosed Witnesses at Trial. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 249 MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods by Feesers, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 250 DECLARATION by Feesers, Inc. re 249 MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods. (Attachments: # 1 Exhibit(s) A)(O'Kelly, Eamon) (Entered: 12/13/2007)



12/13/2007 251 MOTION in Limine to Exclude Evidence Unrelated to the Specific Issues to be Decided at Trial by Feesers, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 252 DECLARATION by Feesers, Inc. re 251 MOTION in Limine to Exclude Evidence Unrelated to the Specific Issues to be Decided at Trial. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F)(O'Kelly, Eamon) (Entered: 12/13/2007)

12/13/2007 253 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B Part 1# 3 Exhibit(s) B Part 2# 4 Exhibit(s) B Part 3# 5 Certificate of Service) (jc) (Entered: 12/14/2007)

12/13/2007 254 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1) (aaa ) (Entered: 12/14/2007)

12/13/2007 255 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B Part 1# 3 Exhibit(s) B Part 2# 4 Exhibit(s) B Part 3# 5 Exhibit(s) C# 6 Exhibit(s) D) (jc) (Entered: 12/14/2007)

12/14/2007 256 ORDER: 1) Briefs in support of the motions in limine filed by Michael Foods andSodexho 243 , 247 , 244 , 245 shall be filed n/l/t noon on 12/21/07.2) Responses by noon 12/28/07.3) Replies by noon on 01/3/08.Signed by Judge Sylvia H. Rambo on 12/14/07. (ma, ) (Entered: 12/14/2007)

12/14/2007 257 Letter from Jeffrey L. Kessler to Judge Rambo. (Attachments: # 1 Attachment 1 - Letter dated 4/27/06# 2 Attachment 2 - Motion to Continue Trial dated 4/26/06# 3 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/14/2007)

12/17/2007 258 Letter from Jeffrey L. Kessler to Judge Rambo. (Attachments: # 1 Attachment 1- Plaintiff's Exhibit Listing# 2 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/17/2007)

12/18/2007 259 Letter from Michael Foods Responding to Letter from Mr. Kessler. (Zwisler, Margaret) (Entered: 12/18/2007)

12/18/2007 260 CERTIFICATE of by Feesers, Inc. Certification of Compliance with Local Rule 30.10. (Attachments: # 1 Certificate of Service)(Collins, John) (Entered: 12/18/2007)

12/18/2007 261 Letter from Michael Foods responding to Mr. Kessler's December 17 letter. (Zwisler, Margaret) (Entered: 12/18/2007)

12/21/2007 263 BRIEF IN SUPPORT re 247 MOTION in Limine to Exclude Evidence Regarding Sodexho as a Purchaser in the Context of Section 2(A) of the Robinson-Patman Act filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 12/21/2007)

12/21/2007 264 MEMORANDUM OF LAW by Sodexho, Inc. re 245 MOTION in Limine to Exclude Expert Testimony Concerning Ecolab, Inc., Schwan's Food Service, Inc., and McCain Foods USA, Inc.. (Gaynor, Martin) (Entered: 12/21/2007)

12/21/2007 265 MEMORANDUM OF LAW by Sodexho, Inc. re 243 MOTION in Limine to Exclude All Evidence Related to Entegra Procurement Services. (Gaynor,



Martin) (Entered: 12/21/2007)

12/21/2007 266 MEMORANDUM OF LAW by Sodexho, Inc. re 244 MOTION in Limine to Exclude All Evidence Referring or Relating to McCain, Schwan's and Ecolab. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B)(Gaynor, Martin) (Entered: 12/21/2007)

12/21/2007 267 DOCUMENT SEALED pursuant to Court Order. (dfm) (Entered: 12/26/2007)

12/26/2007 268 Consent MOTION to Exceed Page Limitation for All Parties' Trial Briefs by Michael Foods, Inc.. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Pfeiffer, Alfred) (Entered: 12/26/2007)

12/27/2007 269 ORDER granting 268 Motion for Leave to File Excess Pages. Each party shall be entitled to submit a trial brief up to 7,500 words.Signed by Judge Sylvia H. Rambo on 12/27/07. (dfm) (Entered: 12/28/2007)

12/28/2007 270 DOCUMENT SEALED pursuant to Court Order. Redacted version to be filed separately. (dfm) (Entered: 12/28/2007)

12/28/2007 271 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1 Exhibit(s)) (dfm) (Entered: 12/28/2007)

12/28/2007 272 BRIEF IN OPPOSITION re 247 MOTION in Limine to Exclude Evidence Regarding Sodexho as a Purchaser in the Context of Section 2(A) of the Robinson-Patman Act filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 273 BRIEF IN OPPOSITION re 251 MOTION in Limine to Exclude Evidence Unrelated to the Specific Issues to be Decided at Trial filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 12/28/2007)

12/28/2007 274 BRIEF IN OPPOSITION re 243 MOTION in Limine to Exclude All Evidence Related to Entegra Procurement Services filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 275 DECLARATION by Michael Foods, Inc. re 273 Brief in Opposition. (Attachments: # 1 Exhibit A to the Declaration of Jennifer L. Giordano# 2 Certificate of Service)(Zwisler, Margaret) (Entered: 12/28/2007)

12/28/2007 276 MEMORANDUM OF LAW by Feesers, Inc. Feesers, Inc.'s Brief in Opposition to Sodexho, Inc.'s Motion in Limine to Exclude "Exhibit C" to the November 17, 2005 Declaration of Robert J. Larner. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 277 BRIEF IN OPPOSITION re 249 MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 12/28/2007)



12/28/2007 278 DECLARATION by Feesers, Inc. re 276 Memorandum of Law, Declaration of Eamon O'Kelly in Support of Feesers, Inc.'s Opposition to Sodexho, Inc.'s Motion in Limine to Exclude "Exhibit C" to the November 17, 2005 Declaration of Robert J. Larner. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 279 BRIEF IN OPPOSITION re 245 MOTION in Limine to Exclude Expert Testimony Concerning Ecolab, Inc., Schwan's Food Service, Inc., and McCain Foods USA, Inc. filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 280 BRIEF IN OPPOSITION re 244 MOTION in Limine to Exclude All Evidence Referring or Relating to McCain, Schwan's and Ecolab filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 12/28/2007)

12/28/2007 281 BRIEF IN OPPOSITION re 246 MOTION in Limine to Exclude the Testimony of Thirty-Two Previously Undisclosed Witnesses at Trial filed by Michael Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Certificate of Service)(Zwisler, Margaret) (Entered: 12/28/2007)

12/28/2007 282 DECLARATION by Michael Foods, Inc. re 281 Brief in Opposition,. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 12/28/2007)

01/02/2008 283 Letter from Michael Foods and Sodexho in response to Feesers' December 28, 2007 letter. (Zwisler, Margaret) (Entered: 01/02/2008)

01/03/2008 284 REPLY BRIEF re 247 MOTION in Limine to Exclude Evidence Regarding Sodexho as a Purchaser in the Context of Section 2(A) of the Robinson-Patman Act filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 01/03/2008)

01/03/2008 285 REPLY BRIEF re 249 MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods MOTION in Limine to Exclude Defendants' Evidence Intended to Dispute the Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods filed by Feesers, Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/03/2008)

01/03/2008 286 DECLARATION by Feesers, Inc. re 285 Reply Brief, Declaration of Eamon O'Kelly In Support of Feesers, Inc.'s Reply Brief in Support of Its Motion In Limine To Exclude Evidence Intended To Dispute The Price Discrimination Element of Feesers' Section 2(A) Claim Against Michael Foods. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/03/2008)

01/03/2008 287 REPLY BRIEF re 251 MOTION in Limine to Exclude Evidence Unrelated to the Specific Issues to be Decided at Trial filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/03/2008)

01/03/2008 288 REPLY by Sodexho, Inc.. to 274 Brief in Opposition to Sodexho, Inc.'s



Motion in Limine to Exclude All Evidence Referring or Relating to Entegra Procurement Services. (Gaynor, Martin) (Additional attachment(s) added on 1/4/2008: # 1 MAIN DOCUMENT) (jw, ). (Entered: 01/03/2008)

01/03/2008 289 DECLARATION by Feesers, Inc. re 287 Reply Brief Declaration of Eamon O'Kelly of Support of Feesers, Inc.'s Reply Brief In Support of Its Motion In Limine To Exclude Evidence Unrelated To The Specific Issues To Be Decided At Trial. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/03/2008)

01/03/2008 290 REPLY by Sodexho, Inc.. to 280 Brief in Opposition to Sodexho Inc.'s Motion in Limine to Exclude All Evidence Referring or Relating to McCain, Schwan's, and Ecolab. (Gaynor, Martin) (Additional attachment(s) added on 1/4/2008: # 1 MAIN DOCUMENT) (admin2, ). (Entered: 01/03/2008)

01/03/2008 291 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Martin F Gaynor, III on behalf of Sodexho, Inc. Attorney Scott Fink is seeking special admission. Filing fee $ 25, receipt number 03140000000001180871.. (Gaynor, Martin) (Additional attachment(s) added on 1/4/2008: # 1 MAIN DOCUMENT) (jw, ). (Entered: 01/03/2008)

01/04/2008 COUNSEL is advised to refile Docs 288, 290 & 291 as well formed PDF documents. (dfm) (Entered: 01/04/2008)

01/04/2008 292 ORDER granting in part and denying in part Motion in Limine 246 : The motion is granted as to:Dwayne L. AllisonJaime AurandDennis FisherJoseph GagliardoSister Teresa Ann JacobsTimothy MurphyEdward NaseRandy NewhouseJoseph ScullyMatthew MundokGreg VinkRobert ZentzThe above individuals were not specifically identified during discovery.The motion is denied as to:Robert BruchakWayne ClicknerLouise EakinPhil GuarneschelliGeorge HarpsterClyde HarrisGayle HummelMichael Jacobs2Linda KochSeth LevyStanley MajewskiDaniel MatyasMartin PeckThe above individuals were specifically identified during discovery. Defendantsshall, however, provide affidavits signed by each witness to Plaintiff as to thecontents of each witnesses testimony. Said statements shall be produced by January10, 2008.The court defers ruling on the following witnesses:Kenneth CentazzoJulie Ann GreenLarry HallSandra HegelineSusan LombardiBrian SarrisGregg OstranderThese individuals are employees of Defendants Sodexho and Michael Foods. Ifthey are likely to have discoverable information that goes to claims or defenses, theyshould have been disclosed pursuant to Fed. R. Civ. P. 26(a)(1)(A). Before thesewitnesses will be permitted to testify, the court will need to know the content oftheir testimony to determine if these witnesses should have been identified pursuantto Rule 26.Signed by Honorable Sylvia H. Rambo on 01/04/08 (ma, ) (Entered: 01/04/2008)

01/04/2008 294 SPECIAL ADMISSIONS FORM APPROVED as to Scott Fink on behalf of SodexhoSigned by Honorable Sylvia H. Rambo on 01/4/08. (ma, ) (Entered: 01/07/2008)

01/07/2008 293 Joint MOTION for Reconsideration re 292 Order on Motion in Limine,,,,,



Precluding the Testimony of Joseph Gagliardo and Incorporated Memorandum of Law by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 01/07/2008)

01/09/2008 295 MEMORANDUM AND ORDER: The motion in limine to exclude Defendants evidence disputing price discrimination 249 is DENIED. Granting in part and denying in part Feesers motion to exclude evidence unrelated to the specific issues to be decided at trial 251 , see order for details. Sodexhos motions to exclude all evidence referring or relating to McCain, Schwans, and Ecolab 244 and to exclude expert testimony concerning Ecolab, Schwans, and McCain 245 are Granted. Sodexhos motion to exclude all evidence related to Entegra procurement services 243 is Denied. Sodexhos motion to exclude Exhibit C to the November 17, 2005 declaration of Robert J. Larner 254 , Denied as Moot. Michael Foods motion to exclude evidence regarding Sodexho as a purchaser in the context of Section 2(a) 247 is Denied. Defendants joint motion for reconsideration of the courts order precluding the testimony of Joseph Gagliardo 293 is Granted. See order for other details. Signed by Honorable Sylvia H. Rambo on 01/09/08 (ma, ) (Entered: 01/09/2008)

01/09/2008 Docket Text in entry 295 (Memorandum and Order of 1/9/08) edited for clarification purposes. (ma, ) (Entered: 01/09/2008)

01/09/2008 296 DOCUMENT SEALED pursuant to Court Order. (jc) (Entered: 01/09/2008)

01/09/2008 297 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1 Exhibit(s) A) (jc) (Entered: 01/09/2008)

01/09/2008 298 DOCUMENT SEALED pursuant to Court Order (jc) (Entered: 01/10/2008)

01/11/2008 299 Letter from Sodexho, Inc. to The Honorable Sylvia H. Rambo. (Attachments: # 1 Affidavit Susan E. Lombardi)(Gaynor, Martin) (Entered: 01/11/2008)

01/11/2008 300 Exhibit List Amended Exhibit List by Feesers, Inc... (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/11/2008)

01/13/2008 301 OBJECTIONS by Michael Foods, Inc.. to 300 Exhibit List Late Disclosed Exhibits and Expert Analysis. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 01/13/2008)

01/14/2008 302 Letter from Jeffrey L. Kessler in response to the letter submitted by Defendant Sodexho, Inc. on January 11, 2008. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/14/2008)

01/14/2008 303 MOTION to Exclude the Testimony of Defendants' Witnesses Who Have Not Complied with the Disclosure Obligation Order by the Court by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/14/2008)

01/14/2008 304 DECLARATION by Feesers, Inc. re 303 MOTION to Exclude the Testimony of Defendants' Witnesses Who Have Not Complied with the Disclosure Obligation Order by the Court. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit



(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/14/2008)

01/14/2008 305 RESPONSE by Feesers, Inc. to 301 Objections Plaintiff Feesers, Inc.'s Response to Defendants' Joint Objection to the Admission of Late Disclosed Exhibits and New Expert Analysis. (Attachments: # 1 Affidavit of Service)(Kessler, Jeffrey) (Entered: 01/14/2008)

01/14/2008 306 ORDER: The witnesses for whom Defendants submitted documents labeled as affidavits are precluded unless proper affidavits are submitted or depositions can be taken 48 hours prior to the expected testimony of the witness.Signed by Honorable Sylvia H. Rambo on 1/14/08. (ma, ) (Entered: 01/14/2008)

01/15/2008 307 Joint MOTION to Exclude Feesers' Hearsay Evidence Regarding Alleged Conversations with Previously Undisclosed Individuals by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 01/15/2008)

01/15/2008 309 TRANSCRIPT of civil bench trial proceedings, afternoon session, held on 14 January 2008 before Judge Sylvia Rambo. *** Daily Copy Transcript *** Court Reporter: Wes Armstrong. (Entered: 01/15/2008)

01/15/2008 310 BRIEF IN OPPOSITION re 307 Joint MOTION to Exclude Feesers' Hearsay Evidence Regarding Alleged Conversations with Previously Undisclosed Individuals Plaintiff Feesers, Inc.'s Response to Defendants' Joint Motion To Exclude Testimony Relating To Feesers' Customers filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/16/2008)

01/15/2008 314 STENO NOTES/TAPE OF PROCEEDINGS filed by Wes Armstrong of Civil Bench Trial before Judge Judge Sylvia H. Rambo on 1/14/08. (Court Reporter Notes/Tapes are not viewable pdf documents). (dfm) (Entered: 01/16/2008)

01/16/2008 311 DECLARATION by Feesers, Inc. re 310 Brief in Opposition, Declaration of Elizabeth A. Haley in Support of Plaintiff Feesers, Inc.'s Response to Defendants' Joint Motion to Exclude Testimony Relating to Feesers' Customers. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/16/2008)

01/16/2008 313 ORDER: Pltfs in liminemotion (Doc. 246 ) is GRANTED with respect to the testimony of Susan E.Lombardi Signed by Honorable Sylvia H. Rambo on 1/16/08. (ma, ) (Entered: 01/16/2008)

01/16/2008 SPECIAL ADMISSION FORM SENT to Jennifer B. Furey. (jc) (Entered: 01/16/2008)

01/17/2008 316 MEMORANDUM AND ORDER re. rule 26 hearsay issue addressed during bench trial.Signed by Honorable Sylvia H. Rambo on 01/17/08. (ma, ) (Entered: 01/17/2008)

01/17/2008 317 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jennifer B. Furey on behalf of Sodexho, Inc. Attorney Jennifer Furey is seeking special admission. Filing fee $ 25, receipt number 03140000000001193409.. (Furey,



Jennifer) (Entered: 01/17/2008)

01/18/2008 319 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3) (dfm) (Entered: 01/18/2008)

01/18/2008 321 TRANSCRIPT of Proceedings held on January 17, 2008, p.m. session (Larner testimony) before Judge Sylvia H. Rambo. Court Reporter: Lori A. Fausnaught, RMR/CRR (570.323.6704). (cr6, ) (Entered: 01/18/2008)

01/18/2008 DOCKET ANNOTATION: Rec. doc. no. 320 deleted at court reporter's request. This document will be refiled by court reporter. (km, ) (Entered: 01/18/2008)

01/18/2008 322 TRANSCRIPT of Proceedings held on January 16, 2008, p.m. session (Rochette/Bowman testimony) before Judge Sylvia H. Rambo. Court Reporter: Lori A. Fausnaught, RMR/CRR (570.323.6704). (cr6, ) (Entered: 01/18/2008)

01/18/2008 323 COURT REPORTER NOTES OF PROCEEDINGS filed by Lori A. Fausnaught, RMR/CRR of bench trial, p.m. session before Judge Sylvia H. Rambo on January 16, 2008. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Sylvia H. Rambo on January 16, 2008. By s/ Lori A. Fausnaught, RMR/CRR. (Court Reporter Notes are viewable by court staff only). (cr6, ) (Entered: 01/18/2008)

01/18/2008 324 COURT REPORTER NOTES OF PROCEEDINGS filed by Lori A. Fausnaught, RMR/CRR of bench trial, p.m. session before Judge Sylvia H. Rambo on January 17, 2008. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Sylvia H. Rambo on January 17, 2008. By s/ Lori A. Fausnaught, RMR/CRR. (Court Reporter Notes are viewable by court staff only). (cr6, ) (Entered: 01/18/2008)

01/18/2008 325 SPECIAL ADMISSIONS FORM APPROVED as to Jennifer B. FureySigned by Honorable Sylvia H. Rambo on 1/18/08. (jc) (Entered: 01/18/2008)

01/18/2008 326 NOTICE by Michael Foods, Inc. of Submission of December 12, 2007 E-Mail from Eamon O'Kelly Regarding Entegra (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 01/18/2008)

01/21/2008 327 NOTICE by Michael Foods, Inc. of Submission of Interrogatory Responses (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 01/21/2008)

01/22/2008 328 NOTICE by Michael Foods, Inc. of Feesers Withdrawl of Objection to Defendants Exhibit 558 (Attachments: # 1 Exhibit(s), # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 01/22/2008)

01/22/2008 329 Letter from Eamon O'Kelly with reference to the objection by counsel for defendant Michael Foods, Inc. on Friday, January 18, 2008 to the use by Feesers, Inc. of evidence referring or relating to Sodexho, Inc.'s GPO,



Entegra Procurement Services. (Attachments: # 1 Certificate of Service)(O'Kelly, Eamon) (Entered: 01/22/2008)

01/22/2008 331 Letter from Michael Foods, Inc. Responding to Letter from Mr. O'Kelly regarding Entegra Evidence. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 01/22/2008)

01/22/2008 332 TRANSCRIPT of Nonjury Trial Proceedings - Morning Session - held on 1/14/2008 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 01/22/2008)



01/22/2008 335 TRANSCRIPT of Nonjury Trial Proceedings - Morning Session - held on 1/17/2008 before Judge Rambo. Court Reporter: WendyYinger. (ctrep7) (Entered: 01/22/2008)

01/22/2008 336 TRANSCRIPT of Nonjury Trial Proceedings - Full-Day Session - held on 1/18/2008 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 01/22/2008)

01/22/2008 337 COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Nonjury Trial - Morning Session - before Judge Rambo on 1/14/2008. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Rambo on 1/14/2008. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 01/22/2008)



01/22/2008 340 COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Nonjury Trial - Morning Session - before Judge Rambo on 1/17/2008. In



accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Rambo on 1/17/2008. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 01/22/2008)

01/22/2008 341 COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Nonjury Trial - Full-Day Session - before Judge Rambo on 1/18/2008. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Rambo on 1/18/2008. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 01/22/2008)


01/23/2008 343 TRANSCRIPT of Proceedings held on January 22, 2008 p.m. session (continued testimony of Westphal, testimony of Guarneschelli) before Judge Sylvia H. Rambo. Court Reporter: Lori A. Fausnaught, RMR/CRR. (cr6, ) (Entered: 01/23/2008)

01/23/2008 344 COURT REPORTER NOTES OF PROCEEDINGS filed by Lori A. Fausnaught,RMR/CRR of bench trial before Judge Sylvia H. Rambo on January 22, 2008, p.m. session. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Sylvia H. Rambo on January 22, 2008, p.m. session. By s/ Lori A. Fausnaught,RMR/CRR. (Court Reporter Notes are viewable by court staff only). (cr6, ) (Entered: 01/23/2008)

01/23/2008 346 Letter from Eamon O'Kelly to Judge Rambo in Response to the 1/22/08 Letter from Counsel for Michael Foods, Inc. with Respect to Entegra.. (Attachments: # 1 Certificate of Service)(O'Kelly, Eamon) (Entered: 01/23/2008)

01/23/2008 347 MOTION to Exclude the Testimony of Wayne Clickner Based on his Affidavit by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/23/2008)

01/23/2008 348 DECLARATION by Feesers, Inc. re 347 MOTION to Exclude the Testimony of Wayne Clickner Based on his Affidavit. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 01/23/2008)

01/24/2008 349 BRIEF IN OPPOSITION re 347 MOTION to Exclude the Testimony of Wayne Clickner Based on his Affidavit filed by Michael Foods, Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Affidavit of Brent Johnson, # 3 Certificate of Service)(Zwisler, Margaret) (Entered: 01/24/2008)



01/24/2008 351 TRANSCRIPT of Nonjury Trial Proceedings - Afternoon Session - held on 1/23/2008 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 01/24/2008)

01/24/2008 352 TRANSCRIPT of Pretrial Conference Proceedings held on 12/20/2007 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 01/24/2008)

01/24/2008 353 COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Pretrial Conference before Judge Rambo on 12/20/2007. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Rambo on 12/20/2007. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 01/24/2008)

01/24/2008 354 TRANSCRIPT of Proceedings held on January 15, 2008, bench trial, p.m. session (testimony of J. Paulson and J. States) before Judge Sylvia H. Rambo. Court Reporter: Linda S. Wettlaufer, RMR. (cr6, ) (Entered: 01/24/2008)

01/28/2008 357 TRANSCRIPT of civil bench trial proceedings, day 8, P.M. session, held on 24 January 2008 before Judge Sylvia H. Rambo. *** Daily Copy Transcript *** Court Reporter: Wes Armstrong. (Entered: 01/28/2008)

01/28/2008 358 TRANSCRIPT of civil bench trial proceedings, Day 9, morning session, held on 25 January 2008 before Judge Sylvia H. Rambo. *** Daily Copy Transcript *** Court Reporter: Wes Armstrong. (Entered: 01/28/2008)

01/28/2008 359 STENO NOTES/TAPE OF PROCEEDINGS filed by Wes Armstrong of Bench Trial before Judge Sylvia H. Rambo on 1/24/08. (Court Reporter Notes/Tapes are not viewable pdf documents). (dfm) (Entered: 01/28/2008)

01/28/2008 360 STENO NOTES/TAPE OF PROCEEDINGS filed by Wes Armstrong of Bench Trial before Judge Sylvia H. Rambo on 1/25/08. (Court Reporter Notes/Tapes are not viewable pdf documents). (dfm) (Entered: 01/28/2008)

01/28/2008 362 Joint Exhibit List of Feesers, Inc., Michael Foods, Inc., Sodexho, Inc. from the non-jury trial held 1/14/08 through 1/28/08 (ma, ) (Entered: 01/28/2008)

01/29/2008 363 ORDER: Each party shall submit a posttrialbrief by February 27, 2008. Each party will then have until March 28, 2008 tofile a response and revised proposed findings of facts. Signed by Honorable Sylvia H. Rambo on 1/29/08. (ma, ) (Entered: 01/29/2008)

02/05/2008 364 Receipt letter signed by Elizabeth Haley, Esq. on behalf of plaintiff acknowledging receipt of original trial exhibits. (ma, ) (Entered: 02/05/2008)

02/11/2008 365 RECEIPT signed by David Nichols acknowledging acceptance of original trial receipts on behalf of defendants. (ma, ) (Entered: 02/11/2008)


02/12/2008 367 TRANSCRIPT of Nonjury Trial Proceedings - Final Session - held on



1/28/2008 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 02/12/2008)

02/15/2008 368 Joint MOTION for Extension of Time to To File Post-Trial Submissions by Michael Foods, Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order, # 4 Certificate of Service)(Zwisler, Margaret) (Entered: 02/15/2008)

02/15/2008 369 BRIEF IN OPPOSITION re 368 Joint MOTION for Extension of Time to To File Post-Trial Submissions filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 02/15/2008)

02/19/2008 370 ORDER granting Motion to Extend Time 368 : The partiesshall file their post-trial briefs and evidentiary motions by no later than March 12,2008. Each party will then have until April 11, 2008 to file their responses to thepost-trial briefs and respective evidentiary motions and their revised proposedfindings of facts and conclusions of law.Signed by Honorable Sylvia H. Rambo on 2/19/08 (ma, ) (Entered: 02/19/2008)

03/12/2008 371 DOCUMENT SEALED pursuant to Court Order. Plaintiff Feesers Post-Trial Brief (Attachments: # 1 Exhibit(s)) (dfm) (Entered: 03/12/2008)

03/12/2008 372 Joint MOTION to Exclude All Portions of Exhibit P229 Referring or Relating to Sodexho's Use of McCain, Schwan's and Ecolab Products by Michael Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 03/12/2008)

03/12/2008 373 BRIEF IN SUPPORT re 372 Joint MOTION to Exclude All Portions of Exhibit P229 Referring or Relating to Sodexho's Use of McCain, Schwan's and Ecolab Products filed by Michael Foods, Inc.. (Attachments: # 1 Exhibit A)(Zwisler, Margaret) (Entered: 03/12/2008)

03/12/2008 374 Joint MOTION to Strike Evidence Regarding Entegra's Alleged Competitive Effects by Michael Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 03/12/2008)

03/12/2008 375 BRIEF IN SUPPORT re 374 Joint MOTION to Strike Evidence Regarding Entegra's Alleged Competitive Effects filed by Michael Foods, Inc..(Zwisler, Margaret) (Entered: 03/12/2008)

03/12/2008 376 MEMORANDUM OF LAW by Feesers, Inc. re 347 MOTION to Exclude the Testimony of Wayne Clickner Based on his Affidavit . Feesers, Inc.'s SUPPLEMENTAL Memorandum of Law in Support of Its Motion to Exclude Portions of the Testimony of Wayne Clickner. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kessler, Jeffrey) (Entered: 03/12/2008)

03/12/2008 377 DECLARATION by Feesers, Inc. re 376 Memorandum of Law, Declaration of Elizabeth A. Haley in Support. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Kessler, Jeffrey) (Entered: 03/12/2008)

03/12/2008 378 MOTION to Exclude the Undisclosed "Expert" Testimony of Mark Westphal and Underlying Data by Feesers, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kessler, Jeffrey) (Entered: 03/12/2008)



03/12/2008 379 MEMORANDUM OF LAW by Feesers, Inc. re 378 MOTION to Exclude the Undisclosed "Expert" Testimony of Mark Westphal and Underlying Data. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 03/12/2008)

03/12/2008 380 DOCUMENT SEALED pursuant to Court Order. Defendant Michael Foods Post-Trial Brief. (Attachments: # 1 Exhibit(s) A-C, # 2 Exhibit(s) D) (dfm) (Entered: 03/12/2008)

03/12/2008 381 Letter from Eamon O'Kelly to Judge Rambo. (Attachments: # 1 Attachment 1 to Letter, # 2 Certificate of Service)(O'Kelly, Eamon) (Entered: 03/12/2008)

04/11/2008 382 BRIEF IN OPPOSITION re 372 Joint MOTION to Exclude All Portions of Exhibit P229 Referring or Relating to Sodexho's Use of McCain, Schwan's and Ecolab Products filed by Feesers, Inc.. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 04/11/2008)

04/11/2008 383 Feesers, Inc.'s Proposed Conclusions of Law. (Attachments: # 1 Certificate of Service)(Kessler, Jeffrey) (Entered: 04/11/2008)

04/11/2008 384 BRIEF IN OPPOSITION re 378 MOTION to Exclude the Undisclosed "Expert" Testimony of Mark Westphal and Underlying Data filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 04/11/2008)

04/11/2008 385 BRIEF IN OPPOSITION re 347 MOTION to Exclude the Testimony of Wayne Clickner Based on his Affidavit filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 04/11/2008)

04/11/2008 386 DOCUMENT SEALED pursuant to Court Order. Feesers, Ins.'s Proposed Findings of Fact. (dfm) (Entered: 04/14/2008)

04/11/2008 387 DOCUMENT SEALED pursuant to Court Order. Declaration of Eamon O'Kelly in Opposition to Defendants' Joint Motion to Strike Evidence Regarding Entegra's Alledged Anticompetitive Effects. (dfm) (Entered: 04/14/2008)

04/11/2008 388 DOCUMENT SEALED pursuant to Court Order. Feesers, Inc.'s Opposition to Defendants' Joint Motion to Strike Evidence Regarding Entegra's Alleged Anticompetitive Effects. (dfm) (Entered: 04/14/2008)

04/11/2008 389 DOCUMENT SEALED pursuant to Court Order. Declaration of Lisa M. Card in Support of Feesers, Inc.'s Response to Michael Foods, Inc.'s and Sodexho, Inc.'s Post-Trial Brief. (dfm) (Additional attachment(s) added on 4/14/2008: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (dfm, ). (Entered: 04/14/2008)

04/11/2008 390 DOCUMENT SEALED pursuant to Court Order. Feesers, Inc.'s Response to Michael Foods, Inc.'s and Sodexho Inc.'s Post-Trial Brief. (Attachments: # 1 Exhibit(s) Part A, # 2 Exhibit(s) Part B) (dfm) (Entered: 04/14/2008)

04/11/2008 391 DOCUMENT SEALED pursuant to Court Order. Michael Foods, Inc.'s and Sodexho, Inc.'s Post-Trial Proposed Findings of Fact and Conclusions of Law (dfm) (Entered: 04/14/2008)



04/11/2008 392 DOCUMENT SEALED pursuant to Court Order. Defendants Michael Foods, Inc.'s and Sodexho, Inc.'s Joint Response to Feesers, Inc.'s Post-Trial Brief (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s)) (dfm) (Entered: 04/14/2008)

11/12/2008 393 MEMORANDUM AND ORDER: (1) Defendants joint motion to strike evidence referring to Entegra 374 is DENIED; (2) Defendants joint motion to strike Plaintiffs exhibit P229 372 is DENIED; (3) Plaintiffs motion to exclude portions of Clickners testimony 347 is DENIED; (4) Plaintiffs motion to exclude the testimony of Mark Westphal 378 is DENIED.Signed by Honorable Sylvia H. Rambo on 11/12/08 (ma, ) (Entered: 11/12/2008)

04/02/2009 394 NOTICE by Feesers, Inc. Notice of Withdrawal of Appearance of Elizabeth A. Haley as counsel to Plaintiff. (Haley, Elizabeth) (Entered: 04/02/2009)

04/27/2009 395 MEMORANDUM AND ORDER: (1) The Clerk of Court shall enter judgment as follows:(a) Michael Foods has unlawfully discriminated as to priceagainst Feesers and Sodexho has unlawfully induced or received suchprice discrimination in violation of the Robinson-Patman Act.(b) Michael Foods is hereby enjoined from discriminatingunlawfully in price in favor of Sodexho and against Feesers.(c) Sodexho is hereby enjoined from continuing to induce orreceive unlawful price discrimination from Michael Foods.(2) No later than 30 days from the date of this order, Plaintiff shallsubmit a petition for reasonable attorneys fees and costs, supported by affidavits describing the experience of the attorneys and their standard hourly rates. Thereafter Defendants shall have 30 days to submit a response to the petition. Signed by Honorable Sylvia H. Rambo on 4/27/09. (ma, ) (Entered: 04/27/2009)

04/27/2009 396 JUDGMENT in favor of Feesers, Inc. against Michael Foods, Inc., Sodexho, Inc.Signed by Honorable Sylvia H. Rambo on 4/27/09. (ma, ) (Entered: 04/27/2009)

05/05/2009 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief by Feesers, Inc.. (Attachments: # 1 [Proposed] Order for Contempt and Permanent Injunction, # 2 [Proposed] Temporary Restraining Order)(Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 398 DECLARATION by Feesers, Inc. re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief , Declaration of Eamon O'Kelly in Support of Feesers, Inc's Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 399 DECLARATION by Feesers, Inc. re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief Declaration of John Tighe in Support of Feesers, Inc's Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 400 BRIEF IN SUPPORT of Feesers, Inc's Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief filed by Feesers, Inc..



(Attachments: # 1 Local Rule 7.8 Certification)(Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 401 NOTICE by Feesers, Inc. re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief Certificate of Non-Concurrence (Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 402 AFFIDAVIT of Service for Plaintiff Feesers, Inc.'s Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief; Order of Contempt and Permanent Injunction; Temporary Restraining Order; Declaration of Eamon O'Kelly; Declaration of John Tighe; Local Rule 7.8 Certification; Memorandum of Law in Support of Plaintiff's Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief; and Certificate of Non- Concurrence on 5/5/09, filed by Feesers, Inc.. (Kessler, Jeffrey) (Entered: 05/05/2009)

05/05/2009 403 Letter from Jeffrey L. Kessler to Hon. Rambo Requesting Temporary Restraining Order made returnable 5/11/09.. (Kessler, Jeffrey) (Entered: 05/05/2009)

05/06/2009 404 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 59(E) by Michael Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 05/06/2009)

05/06/2009 405 BRIEF IN SUPPORT re 404 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 59(E) filed by Michael Foods, Inc.. (Attachments: # 1 Exhibit A)(Zwisler, Margaret) (Entered: 05/06/2009)

05/07/2009 406 Letter from Michael Foods, Inc. Responding to Letter from Mr. Kessler Requesting Temporary Restraining Order. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 05/07/2009)

05/07/2009 407 ORDER - a Hearing on pltf's mtn for Contempt and Permanent Injunctive Relief 397 has been set for 5/14/2009 @ 2:00 PM in Harrisburg - Courtroom 3 before Honorable Sylvia H. Rambo. No later than 5/11/09 at 2:00 PM, Michael Foods shall submit a response to pltf's mtn.Signed by Honorable William W. Caldwell on 5/7/09. (ma, ) (Entered: 05/07/2009)

05/08/2009 408 NOTICE of Hearing on Motion for Contempt and Permanent Injunctive Relief 397 - Previously scheduled Hearing rescheduled for 5/15/2009 @ 10:30 AM in Harrisburg - Courtroom 3 before Honorable Sylvia H. Rambo. (ma, ) (Entered: 05/08/2009)

05/11/2009 409 BRIEF IN OPPOSITION re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief filed by Michael Foods, Inc..(Zwisler, Margaret) (Entered: 05/11/2009)

05/11/2009 410 DECLARATION by Michael Foods, Inc. re 409 Brief in Opposition Declaration of Michael A. Elliott. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Zwisler, Margaret) (Entered: 05/11/2009)

05/11/2009 411 DECLARATION by Michael Foods, Inc. re 409 Brief in Opposition Declaration of Alfred C. Pfeiffer, Jr.. (Attachments: # 1 Exhibit 1, # 2 Exhibit



2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Zwisler, Margaret) (Entered: 05/11/2009)

05/11/2009 412 CERTIFICATE OF SERVICE by Michael Foods, Inc. re 410 Declaration, 409 Brief in Opposition, 411 Declaration (Zwisler, Margaret) (Entered: 05/11/2009)

05/11/2009 413 ORDER - 1) Pltfs bropp to Dft Michael Foods, Inc.smotion to Alter Judgment 404 shall be filed no later than 5/21/09.2) Dft Michael Foods, Inc. may file a reply brief no later than 5/28/09.Signed by Honorable Sylvia H. Rambo on 5/11/09. (ma, ) (Entered: 05/11/2009)

05/11/2009 414 MOTION to Alter Judgment by Sodexho, Inc.. (Attachments: # 1 Proposed Order)(Haar, Matthew) (Entered: 05/11/2009)

05/11/2009 415 BRIEF IN SUPPORT re 414 MOTION to Alter Judgment filed by Sodexho, Inc..(Haar, Matthew) (Entered: 05/11/2009)

05/12/2009 416 ORDER - 1) Pltfs brief in response to Dft Sodexho, Inc.s mtn to Alter Judgment 414 shall be filed no later than May 21, 2009.2) Dft Sodexho, Inc. may file a reply brief no later than May 28, 2009. Signed by Honorable Sylvia H. Rambo on 5/12/09. (ma, ) (Entered: 05/12/2009)

05/13/2009 417 DECLARATION by Feesers, Inc. re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief Declaration of Thomas R. Brandt in Support of Feesers Inc.'s Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief. (Kessler, Jeffrey) (Entered: 05/13/2009)

05/13/2009 418 REPLY BRIEF re 397 MOTION for Contempt and Temporary and Permanent Injunctive Relief Plaintiff Feesers, Inc.'s Reply in Further Support of its Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief filed by Feesers, Inc..(Kessler, Jeffrey) (Entered: 05/13/2009)

05/13/2009 419 AFFIDAVIT of Service for Declaration of Thomas R. Brandt in Support of Feesers Inc.'s Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief; and Plaintiff Feesers, Inc.'s Reply in Further Support of its Motion for an Order of Contempt and Temporary and Permanent Injunctive Relief., filed by Feesers, Inc.. (Kessler, Jeffrey) (Entered: 05/13/2009)

05/15/2009 420 MOTION for Leave to File a Sur-reply to Plaintiff Feesers, Inc.'s Reply in Support of Motion for Contempt and a Temporary Restraining Order by Michael Foods, Inc.. (Attachments: # 1 Defendant Michael Foods, Inc.'s Sur-reply to Plaintiff Feesers, Inc.'s Reply in Support of Motion for Contempt and a Temporary Restraining Order, # 2 Supplemental Declaration of Michael A. Elliot, # 3 Proposed Order, # 4 Certificate of Service)(Zwisler, Margaret) (Entered: 05/15/2009)

05/15/2009 422 Exhibit List of parties from the mtn hearing held 5/15/09. All exhibits were copies. Clerk's office did not retain originals. (ma, ) (Additional attachment(s) added on 5/22/2009: # 1 Main Document) (ma, ). (Entered: 05/18/2009)

05/20/2009 423 COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Contempt and Permanent Injunction Hearing before Judge Rambo on



5/15/2009. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Rambo on 5/15/2009. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 05/20/2009)

05/20/2009 424 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Contempt and Permanent Injunction Proceedings held on 5/15/2009 before Judge Rambo. Court Reporter Wendy Yinger, Telephone number 717-440-1535. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2009. Redacted Transcript Deadline set for 6/22/2009. Release of Transcript Restriction set for 8/18/2009. (ctrep7, ) (Entered: 05/20/2009)

05/20/2009 425 NOTICE TO UNREGISTERED ECF ATTORNEYS/PRO SE PARTIES regarding the filing of 424 Transcript, Copy of notice mailed to International Foodservice Distributors Assoc. c/o Attorney Tsien, David Applebaum, David Parry, Scott Fink on 5/20/09. (lh, ) Modified on 5/20/2009 (lh, ). (Entered: 05/20/2009)

05/21/2009 426 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by George E. Mastoris on behalf of Feesers, Inc. Attorney George E. Mastoris is seeking special admission. Filing Fee: 25.00 Receipt Number: 111005849. (dc) (Entered: 05/21/2009)

05/21/2009 427 BRIEF IN OPPOSITION re 404 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 59(E) Plaintiff Feesers, Inc.'s Memorandum of Law in Opposition to Defendant Michael Foods, Inc.'s Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(E) filed by Feesers, Inc..(Kessler, Jeffrey) (Entered: 05/21/2009)

05/21/2009 428 BRIEF IN OPPOSITION re 414 MOTION to Alter Judgment Plaintiff Feesers, Inc.'s Memorandum of Law in Opposition to Sodexho, Inc.'s Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(E) filed by Feesers, Inc..(Kessler, Jeffrey) (Entered: 05/21/2009)

05/21/2009 429 AFFIDAVIT of Service for Plaintiff Feesers, Inc.'s Memorandum of Law in Opposition to Defendant Michael Foods, Inc.'s Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(E); and Plaintiff Feesers, Inc.'s Memorandum of Law in Opposition to Sodexho, Inc.'s Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(E). on 5/21/2009, filed by Feesers, Inc.. (Kessler, Jeffrey) (Entered: 05/21/2009)

05/21/2009 430 SPECIAL ADMISSIONS FORM APPROVED as to George Mastoris, Esq. on behalf of FeesersSigned by Honorable Sylvia H. Rambo on 5/21/09. (ma, ) (Entered: 05/22/2009)

05/26/2009 431 MEMORANDUM AND ORDER: (1) Michael Foods mtn for leave to file a surreply 420 is GRANTED;(2) Feesers mtn to find Michael Foods in contempt 397 of this courts4/27/09 order is GRANTED;(3) Michael Foods is enjoined from refusing to sell its products toFeesers on the same terms as they are sold to Sodexho, so long as Feesers otherwise meets its standards as a customer.(4)



Feesers is entitled to costs and reasonable attorneys fees incurred inbringing this motion. Feesers shall submit a description of the fees and costsincurred in bringing this motion in its petition for attorneys fees as the prevailing party in this case. Signed by Honorable Sylvia H. Rambo on 5/56/09 (ma, ) (Entered: 05/26/2009)

05/26/2009 432 NOTICE OF APPEAL in NON-PRISONER Case as to 431 Order on Motion for Leave to File, Order on Motion for Contempt,,,, by Michael Foods, Inc.. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 03140000000001583877. Court Reporter Wendy Yinger. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 05/26/2009)

05/27/2009 434 AFFIDAVIT re 440 Notice Affidavit of Eamon O'Kelly in Support of Plaintiff Feesers, Inc.'s Petition for Reasonable Attorneys' Fees and Costs filed by Feesers, Inc. of Affiant Eamon O'Kelly. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2)(Kessler, Jeffrey) (Entered: 05/27/2009)

05/27/2009 435 AFFIDAVIT re 440 Notice Affidavit of George E. Mastoris in Support of Plaintiff Feesers, Inc.'s Petition for Reasonable Attorneys' Fees and Costs filed by Feesers, Inc. of Affiant George E. Mastoris. (Attachments: # 1 Exhibits A-Q)(Kessler, Jeffrey) (Entered: 05/27/2009)

05/27/2009 436 AFFIDAVIT re 440 Notice Affidavit of Steven M. Williams in Support of Plaintiff Feesers, Inc.'s Petition for Reasonable Attorneys' Fees and Costs filed by Feesers, Inc. of Affiant Steven M. Williams. (Kessler, Jeffrey) (Entered: 05/27/2009)

05/27/2009 437 BILL OF COSTS by Feesers, Inc.. Taxation of Costs due by 6/15/2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit C, Part 3, # 6 Exhibit D, Part 1, # 7 Exhibit D, Part 2, # 8 Exhibit D, Part 3, # 9 Exhibit D, Part 4)(Kessler, Jeffrey) (Entered: 05/27/2009)

05/27/2009 438 AFFIDAVIT of Service for Plaintiff Feesers, Inc.'s Petition for Reasonable Attorneys' Fees and Costs; Proposed Order; Bill of Costs; Affidavit of Steven M. Williams in Support; Affidavit of Eamon O'Kelly in Support; Affidavit of George E. Mastoris in Support. on 5/27/2009, filed by Feesers, Inc.. (Kessler, Jeffrey) (Entered: 05/27/2009)

05/27/2009 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs by Feesers, Inc.. (Attachments: # 1 [Proposed] Order)(Kessler, Jeffrey) Modified on 5/29/2009 to correct filing date(dc). (Entered: 05/28/2009)

05/27/2009 441 BRIEF IN SUPPORT Plaintiff Feesers, Inc.'s Memorandum of Law in Support of Motion for Reasonable Attorneys' Fees and Costs re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs filed by Feesers, Inc..(Kessler, Jeffrey) Modified on 5/29/2009 to correct filing date(dc). (Entered: 05/28/2009)



05/28/2009 Counsel has been advised by telephone to file a proper Motion for Attorneys Fees and refile Doc. No. 433 as the Brief in Support of Motion for Attorneys Fees. The filing date of 5/27/09 will be preserved. Any questions should be directed to Docket Clerk Darlene Cramer at 717-221-3925. (dc) (Entered: 05/28/2009)

05/28/2009 TPO (TRANSCRIPT PURCHASE ORDER) SENT to Atty Zwisler re 432 Notice of Appeal. (dc) (Entered: 05/28/2009)

05/28/2009 439 REPLY BRIEF re 404 MOTION to Alter Judgment Pursuant to Fed. R. Civ. P. 59(E) filed by Michael Foods, Inc.. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 05/28/2009)

05/28/2009 442 REPLY BRIEF re 414 MOTION to Alter Judgment filed by Sodexho, Inc..(Haar, Matthew) (Entered: 05/28/2009)

05/29/2009 Doc. No. 433 has been deleted and replaced with Doc. Nos. 440 & 441. (dc) (Entered: 05/29/2009)

06/08/2009 443 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Nonjury Trial Proceedings - Morning Session - held on 1/22/2008 before Judge Rambo. Court Reporter Wendy Yinger, Telephone number 717-440-1535. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009. Release of Transcript Restriction set for 9/8/2009. (ctrep7, ) (Entered: 06/08/2009)

06/08/2009 444 NOTICE TO UNREGISTERED ECF ATTORNEYS/PRO SE PARTIES regarding the filing of 443 Transcript. A copy of notice mailed to Attorney Tsien, David Applebaum, David Parry and Scott Fink on 6/9/09., Signed by Honorable Sylvia H. Rambo on 06/08/09. (mep, ) (Entered: 06/09/2009)

06/12/2009 445 Emergency MOTION to Stay by Michael Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Zwisler, Margaret) (Entered: 06/12/2009)

06/12/2009 446 BRIEF IN SUPPORT (USCA Third Circuit Motion) re 445 Emergency MOTION to Stay filed by Michael Foods, Inc.. (Attachments: # 1 Appendix to USCA Third Circuit Emergency Motion to Stay)(Zwisler, Margaret) (Entered: 06/12/2009)

06/12/2009 447 TRANSCRIPT PURCHASE ORDER REQUEST by Michael Foods, Inc. (Zwisler, Margaret) (Entered: 06/12/2009)

06/15/2009 Supplemental Record on Appeal transmitted to US Court of Appeals re 446 Brief in Support, 441 Brief in Support, Docket Annotation, 435 Affidavit, TPO (Transcript Purchase Order) Sent, 438 Affidavit of Service, Docket Annotation, 445 Emergency MOTION to Stay, 434 Affidavit, 436 Affidavit, 443 Transcript,, 439 Reply Brief, 442 Reply Brief, 437 Bill of Costs, 444 Notice to Non-Registered ECF Users re Filing of Transcript, 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs, 447 TPO (Transcript Purchase Order Request)Filed.



Documents and Docket Sheet available through ECF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (dc) (Entered: 06/15/2009)

06/15/2009 448 USCA Case Number 09-2548 for 432 Notice of Appeal,, filed by Michael Foods, Inc.. USCA Case Manager Aina Laws (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Laws, Aina) (Entered: 06/15/2009)

06/15/2009 449 ORDER of USCA as to 432 Notice of Appeal,, filed by Michael Foods, Inc., Rule 4(a)(4) staying case pending disposition of post decision motion(s). (Laws, Aina) (Entered: 06/15/2009)

06/15/2009 450 ORDER of USCA as to 432 Notice of Appeal,, filed by Michael Foods, Inc., vacating Rule 4(a)(4) order staying the appeal pending disposition of post decision motion(s). (Laws, Aina) (Entered: 06/15/2009)

06/16/2009 451 MEMORANDUM AND ORDER denying dft's Motion for Stay of the permanent injunction 445 Signed by Honorable Sylvia H. Rambo on 6/16/09 (ma, ) (Entered: 06/16/2009)

06/26/2009 452 BRIEF IN OPPOSITION re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs filed by Sodexho, Inc..(Gaynor, Martin) (Entered: 06/26/2009)

06/26/2009 453 DECLARATION by Sodexho, Inc. re 452 Brief in Opposition to Feesers' Motion for Reasonable Attorneys' Fees and Costs. (Gaynor, Martin) (Entered: 06/26/2009)




06/26/2009 457 BRIEF IN OPPOSITION re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs filed by Michael Foods, Inc..(Zwisler, Margaret) (Entered: 06/26/2009)

06/30/2009 458 MEMORANDUM AND ORDER: (1) Michael Foods motion to alter judgment 404 is DENIED;(2) Sodexhos motion to alter judgment 414 is GRANTED IN PART and DENIED IN PART as follows:(a) The motion is GRANTED with respect to 1(c) of the April27, 2009 opinion and order (Doc. 395 ), which shall be amended to read:Sodexho is hereby enjoined from continuing to knowingly induce orreceive from Michael Foods unlawful price discrimination againstFeesers.(b) In all other respects, the motion is DENIED.(3) The Clerk of Court is directed to issue an amended judgment inaccordance



with this order.Signed by Honorable Sylvia H. Rambo on 6/30/09 (ma, ) (Entered: 06/30/2009)

07/01/2009 459 AMENDED JUDGMENT in favor of Feesers, Inc. against Michael Foods, Inc., Sodexho, Inc.Signed by Honorable Sylvia H. Rambo on 7/1/09. (ma, ) (Entered: 07/01/2009)

07/06/2009 460 NOTICE OF APPEAL in NON-PRISONER Case as to 458 Order on Motion to Alter Judgment,,,,, 459 Judgment, 395 Memorandum & Order,,, by Michael Foods, Inc.. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 03140000000001616816. Court Reporter Wendy Yinger. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Certificate of Service)(Zwisler, Margaret) (Entered: 07/06/2009)

07/07/2009 461 USCA Case Number 09-2952 for 460 Notice of Appeal,, filed by Michael Foods, Inc.. USCA Case Manager Aina Laws (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Hicks, Carolyn) (Entered: 07/07/2009)

07/07/2009 TPO (TRANSCRIPT PURCHASE ORDER) SENT to Margaret M. Zwisler. 460 (jc) (Entered: 07/07/2009)

07/09/2009 462 NOTICE OF APPEAL in as to 458 Order on Motion to Alter Judgment,,,,, 459 Judgment, 395 Memorandum & Order,,, 396 Judgment by Sodexho, Inc.. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 03140000000001620020. Court Reporter Wendy Yinger. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Gaynor, Martin) (Entered: 07/09/2009)

07/13/2009 463 MOTION to Stay re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs by Sodexho, Inc.. (Attachments: # 1 Proposed Order)(Gaynor, Martin) (Entered: 07/13/2009)

07/13/2009 464 BRIEF in Support re 463 MOTION to Stay re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs, filed by Sodexho, Inc.. Related document: 463 MOTION to Stay re 440 MOTION for Attorney Fees Plaintiff Feesers, Inc., Motion for Reasonable Attorneys' Fees and Costs filed by Sodexho, Inc..(Gaynor, Martin) (Entered: 07/13/2009)

07/14/2009 465 ORDER granting Sodexho's Motion to Stay consideration of Plaintiff's petition for attorneys' fees and costs pending appeal 463 . Plaintiff Feesers shallfile a status report with this court within thirty days of the conclusion of the appealsin this case.Signed by Honorable Sylvia H. Rambo on 7/14/09 (ma, ) (Entered: 07/14/2009)

07/21/2009 466 TRANSCRIPT PURCHASE ORDER REQUEST by Michael Foods, Inc. (Zwisler, Margaret) (Entered: 07/21/2009)



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