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In re Chocolate Confectionary Antitrust Litigation

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 24, 2010

IN RE: CHOCOLATE CONFECTIONARY ANTITRUST LITIGATION

The opinion of the court was delivered by: Judge Conner

MDL DOCKET NO. 1935

THIS DOCUMENT APPLIES TO: INDIVIDUAL PLAINTIFFS

ORDER

AND NOW, this 24th day of September, 2010, following a status conference with counsel of record in the above-captioned case, and it appearing that Walgreen wishes to assert claims on behalf of Duane Reade, a pharmacy chain that Walgreen recently acquired and which recently has assigned its claims to Walgreen, and it further appearing that Walgreen wishes to assert Duane Reade's claims without amendment to Walgreen's complaint, and that Walgreen contends that there is no need to amend its complaint,*fn1 and the court noting that the instant litigation already encompasses Duane Reade's claims insofar as Duane Reade is a member of the putative class of direct purchasers, and the court concluding that, under the circumstances, requiring an amendment to Walgreen's complaint would be a waste of the parties' and the court's resources, it is hereby ORDERED that Walgreen shall be permitted to assert the claims assigned to it by Duane Reade without amending its complaint.*fn2

CHRISTOPHER C. CONNER United States District Judge


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