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- ilnd;;1:08-cv-07082_de213 RegisterActionDate "2010-10-25" @default.
- ilnd;;1:08-cv-07082_de213 RegisterActionDescriptionText "MINUTE entry before Honorable Matthew F. Kennelly: Defendants have moved to certify for appeal under 28 USC 1292(b) the Court's April 30, 2010 ruling granting plaintiffs leave to file a second amended complaint and rejecting defendants' contention that the proposed complaint failed to satisfy the requirements of Bell Atlantic Corp. v. Twombly and its progeny for pleading a viable claim of conspiracy to fix prices. The question of certification is close, and the Court does not doubt the correctness of its ruling. That said, the Court believes that the more prudent course is to grant the motion to certify. Though (as plaintiffs argue) the Seventh Circuit had issued dozens of decisions concerning the application of Twombly, the contours of the Supreme Court's ruling, and particularly its application in the present context, remain unclear. The Court believes this is a subject on which reasonable minds could differ. The question presented is controlling, because there is at least a decent chance (though it is by no means certain) that were a court to rule the second amended complaint deficient, the case would be over. Finally, there is a good chance that immediate review may materially advance the ultimate conclusion of the case. Though the Court previously suggested that focused and limited discovery might enable the parties to bring to a head the question of whether plaintiffs can actually prove a conspiracy, plaintiffs appear to be somewhat resistant to that and have served broader requests. As a result, there is some possibility that even the initial round of discovery that the Court contemplated might be time-consuming and expensive. For these reasons, the Court grants defendants' motion and certifies for appeal under section 1292(b) the question of whether plaintiffs' proposed second amended complaint states a claim upon which relief may be granted. The case is set for a status hearing on December 9, 2010 at 9:30 AM. (mk) (Entered: 10/25/2010)" @default.
- ilnd;;1:08-cv-07082_de213 AdministrativeID "215" @default.