In Re Tableware Antitrust Litigation

ORDER

Plaintiffs in these consolidated cases allege that May Department Stores Co and Federated Department Stores, Inc, which operate department stores across the United States, and Lenox, Inc and Waterford Wedgwood, USA, both of which produce fine tableware sold in the United States, conspired with one another to boycott Bed, Bath and Beyond, a competitor of May and Federated. Plaintiffs claim to have purchased fine tableware from May and Federated during the period of the alleged boycott and were thus injured because the boycott impaired competition in that product market. Plaintiffs bring suit under § 1 of the Sherman Act, alleging that defendants’ conduct is condemned per se.

On March 13, 2007, the court granted summary judgment to Waterford but denied summary judgment to Federated and May. Doc #287. In response, Federated and May (collectively “Federated”) moved for administrative relief to file a second motion for summary judgment. Doc # 290. The court heard oral argument on this motion on April 12, 2007. Doc # 307.

Civ L R 7 — 9(b)(1) requires that reconsideration of any motion be accompanied by a specific showing of a “material difference in fact or law * * * from that…