Opinion
Civil Action 11-1049 (PLF) Miscellaneous 07-0489 (PLF) MDL 1869
06-15-2021
In re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION This document relates to ALL DIRECT PURCHASER CASES OXBOW CARBON & MINERALS LLC, et al., Plaintiffs, v. UNION PACIFIC RAILROAD CO., et al., Defendants.
ORDER
PAUL L. FRIEDMAN, United States District Judge.
For the reasons set forth in the opinion issued this same day, it is hereby
ORDERED that the Rail Freight Defendants' Motion for Certification Pursuant to 28 U.S.C. § 1292(b) and Supporting Statement of Points and Authorities [Dkt. No. 1010] is GRANTED; it is
Unless otherwise specified, citations to docket entries refer to the first above captioned matter, In re Rail Freight Fuel Surcharge Antitrust Litigation, MDL No. 1869, Miscellaneous No. 07-0489.
FURTHER ORDERED that the Oxbow Defendants' Motion for Certification Pursuant to 28 U.S.C. § 1292(b) and Supporting Statement of Points and Authorities, Oxbow Carbon & Minerals LLC v. Union Pac. R.R. Co., Civil Action No. 11-1049 [Dkt. No. 220] is GRANTED; it is
FURTHER ORDERED that pursuant to 28 U.S.C. § 1292(b), the Court's February 19, 2021 Order [Dkt. No. 1007] (“the Order”) denying Defendants' Motion to Exclude Interline-Related Communications from Consideration for Class Certification or Any Other Purpose Prohibited by 49 U.S.C. § 10706 [Dkt. No. 417] and Defendants' Motion and Memorandum of Law Regarding the Interpretation and Application of 49 U.S.C. § 10706 [Dkt. No. 927] is hereby certified for immediate appeal; and it is FURTHER ORDERED that the Order is amended to include the following statement: This Order is appropriate for immediate appeal because it involves controlling questions of law as to which there is substantial ground for difference of opinion, and immediate appeal of these issues may materially advance the ultimate termination of this litigation.
SO ORDERED.