In Re: Rail Freight Fuel Surcharge Antitrust Litigation - Mdl 1869

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) In re RAIL FREIGHT FUEL SURCHARGE ) ANTITRUST LITIGATION ) ) MDL Docket No. 1869 ) Miscellaneous No. 07-0489 (PLF) This document relates to: ) ) ALL DIRECT PURCHASER CASES ) ) ORDER

In anticipation of the above-captioned matter soon being transferred to Judge Beryl Howell, it is hereby

ORDERED that Defendant BNSF Railway Company’s Motion for Summary Judgment [Dkt. No. 1030], Defendant CSX Transportation, Inc.’s Motion for Summary Judgment [Dkt. No. 1031], Defendant Union Pacific Railroad Company’s Motion for Summary Judgment [Dkt. No. 1032], and Defendant Norfolk Southern Railway Company’s Motion for

Summary Judgment [Dkt. No. 1033] are denied without prejudice to their being refiled before Judge Howell.! SO ORDERED.

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PAUL L. FRIEDMAN United States District Judge

DATE: 3/2: | a+

; The individual cases that make up MDL Docket No. 1869 are Strates Shows, Inc.

v. Association of American Railroads, Civil Action No. 07-1127; Donnelly Commodities, Inc. v. Association of American Railroads, Civil Action No. 07- 1515; Dust Pro, Inc. v. CSX Transportation, Inc., Civil Action No. 07-2061; Zinifex Taylor Chemicals, Inc. v. CSX

Transportation, Inc., Civil Action No. 07-2062; and US Magnesium LLC v. CSX Transportation, Inc., Civil Action No. 07- 2116.