Website for Auto Parts and Accessories Industry Price-Discrimination Lawsuit - Coalition for a
Level Playing Field, LLC, et al. v. AutoZone, Inc., et. al, for Alleged Violation of Sections 2(a), 2(c) and
2(f) of the Robinson-Patman Act, Filed 2/16/00
Date of Initial Publication: 2/22/00; Date of Last Revision: 11/08/06 04:21
Note: All of the statements in this Automotive Parts and Accessories Price-Discrimination Lawsuit
Website are allegations, as distinguished from statements of fact. The obvious purpose of having allegations below,
instead of
statements of asserted fact, is to avoid unnecessary
litigation.
The first trial in this action has taken place (a 1-week trial concluding on 1/29/03) and went against the
plaintiffs for a variety of reasons to be discussed in future litigation documents. Subsequently, the plaintiffs'
appeal was heard and rejected by the Second Circuit Court of Appeals. At this time, the plaintiffs are preparing
to file another complaint against some of the original defendants, and for the first time against various
auto-parts manufacturers. A copy of a very early draft of the new complaint is set forth at
Early Draft of New Auto-Parts Complaint to be Filed
during October, 2004 Note: A website for the second lawsuit is at
website for 2nd Auto-Parts Lawsuit
Anyone interested in the outcome of the trial should read my RPA updates (first posted during Februrary, 2003) which
represent my present thinking about what needs to be done by companies injured by violations of the Robinson-Patman Act,
which follow (Note: this was written prior to the writing of any of the 3 books by Carl E. Person mentioned above):
- Coalition's Brief on Appeal
- >How Auto-Parts Plaintiffs and Others Can or Should
Commence an Individual Lawsuit for Damages under the RPA in Light of Recent RPA Litigation Developments
- [Dated: 2/12/03 - National Business Scandal 1000 Times Enron]
New Developments and Update on How the Nation's Manufacturers Are Paying for the New Chain Stores Which Are Putting
Independents Out of Business and How a Victimized Independent Business Can Use the Robinson-Patman Act to Recover
Damages and Help to Stop the Unlawful Practices
I will post additional information about the trial and future trials and proceedings in the lawsuit in due course.
On 2/26/03 I filed in the District Court (EDNY) a Notice of Appeal from the final judgment entered against the 22
plaintiffs.
On 3/06/03 I filed in the 2nd Circuit Court of Appeals the following description of the issues I propose to raise
during the appeal:
Whether the Court below erred in holding prior to trial (i) that plaintiffs could not pursue their
claims of discriminatory pricing by 22 product lines (representing 200,000 different auto parts SKU's), and requiring
instead disclosures as to each of the 200,000 different auto parts involved; (ii) that plaintiffs had to ship to,
and warehouse in, the EDNY [Eastern District of New York] 3,500 boxes of invoices [130 pallets] (at an estimated cost
to plaintiffs of about $350,000) and that plaintiffs had to warehouse and make them available to defendants at a $45,000
monthly expense -- even after defendants failed to inspect them as represented to the Court when requesting and
obtaining the order ([allegedly] abusive litigation tactics requiring a forfeiture by defendants of their right to
defend themselves in the action;
(iii) plaintiffs alleged no Section 2(c) claim; and (iv) 1 day before trial, that plaintiffs were limited to
5 of their 32 listed witnesses (some of whom were already en route to the trial) and to 5 of their 20
selected auto parts, and that the trial was being bifurcated; and holding during the trial that (a) expert
Prevatte was not qualified as an expert because he was a principal of plaintiff; (b) expert Kuralt's [now deceased]
45 years of business experience did not overcome his lack of academic credentials; (c) exhibits were inadmissible
solely because they were created after commencement of action or did not refer to 1 of the specific 5 parts
(instead of the other 15 parts or product line for such parts); (d) all expert reports of qualified experts
were inadmissible, and (e) charging the jury with erroneous instructions.
There are 3 RPA-related websites you should see:
- Don't Cry for Arthur Andersen - Millions of Americans Lost
Their Savings and/or Jobs during AA's Auditing Leadership - The RPA Connection Will Surprise You
- and a simple reform to reduce future Enron situations - or "What Is Good for the Goose Is Good for the Gander" - Using
Competition to Self-Regulate Competition Enron Economics - Issues
and Answers to Make Business and Capitalism More Competitive
- Breaking the DNA Code to determine the per unit prices
at which superstores are buying their inventory from manufacturers and publishers
- Website for the Often-Cited Intimate Action against
Barnes & Noble and Borders for Alleged Violation of the RPA - Intimate's Non-Confidential Papers Opposing
Defendants' Joint Summary Judgment Motion (redacted to remove confidential information which Defendants did not
want to have available to the press or public
- Wallace Kuralt [now deceased], Owner of Failed Bookstore Chain, Tells All and Recommends a Simple Reform Which
Could Help to Level the Playing Field - All Statements in Document Are Allegations
Wallace Kuralt's Allegations and Astonishingly Simple
Proposed Reform to Reduce the Appeal and Impact of Superstores
- 10/18/01/01 Decision of Judge Mishler Upholding
Plaintiffs' 2(a)/2(f) Claims, Dismissing Plaintiffs' 2(c) Claims, Denying Defendant O'Reilly's and Defendant CSK's
Jurisdiction and Venue Motions, and Granting Leave for Plaintiffs to File a 2nd Amended Complaint [which was
subsequently served and filed, on 11/9/01]
- 110K File Size Original Complaint Filed 2/16/00
Alleging Price Discrimination in Automotive Parts and Accessories Industry [replaced by Amended Complaint; which has
been replaced by plaintiffs' 2nd Amended Complaint]
- 133K File Size 2nd Amended Complaint Filed
11/09/01 Alleging Price Discrimination in Automotive Parts and Accessories Industry (with Appendix D as a
separate document, set forth below) [this is the complaint governing the 1st auto-parts case] and as a
separate appendix to the 2nd Amended Complaint Appendix D
to the 2nd Amended Complaint - 190K File Size
- Coalition for a Level Playing Field, L.L.C. - the
Six Founding Trade-Association Members
- Case Chronology - Events Which Have Taken Place in
the Auto-Parts Price-Discrimination Lawsuit
- Conferences Scheduled with Judge Mishler or
Magistrate Judge Boyle
- Scheduling and Deadlines
- Discovery Requests by Plaintiffs
- Discovery Requests by Defendants
- Decisions by Judge Jacob M. Mishler and Magistrate
Judge E. Thomas Boyle
A Chronology of Major Lawsuit Events:
- 2/16/00 Filed Summons and Complaint
- 4/14/00 Order of Magistrate E. Thomas Boyle for Initial Scheduling Conference to be held in Uniondale
Courthouse on 5/30/00 at 9:30 a.m.
- 5/10/00 Defendants' letter to Judge Denis R. Hurley identifying the motions that defendants intend to file
and requesting a pre-motion conference; defendants' proposed motions: (1) to dismiss the complaint as to
all of the defendants for failure to plead a short and plain statement of the claim and for failure to
state a claim upon which relief can be granted; (2) to require plaintiffs to provide a more definite statement
of the claims alleged against each of the defendants; (3) to dismiss the complaint as to some of the defendants
for lack of personal jurisdiction and improper venue; and (4) to transfer venue as to one of the defendants
pursuant to 28 U.S.C. Section 1404(a)
- 5/17/00 2:00 p.m. telephone conference among all counsel
- 5/24/00 Joint Report and Stipulation Pursuant to Federal Rule of Civil Procedure 26(f) filed with the Court
in advance of the 5/30/00 conference
- 5/30/00 Attorneys' Initial Scheduling Conference with Magistrate
Judge E. Thomas Boyle in Hauppauge Courthouse - parties agreed to a stay of all merit discovery pending the
outcome of motions to dismiss; non-merits discovery was not agreed upon
- 7/12/00 Magistrate Judge E. Thomas Boyle order staying non-merits discovery as against the defendants
until 45 days after the service and filing of an amended complaint
- 7/18/00 Plaintiffs Served and Filed Amended Complaint with Appendix D
- 9/1/00 letter motion from CSK/Discount Auto and O'Reilly requesting a stay of non-merit discovery
- 9/7/00 letter from Carl E. Person opposing request for further stay of non-merit discovery
- 9/7/00 Supplemental Summons Issued as to New Plaintiffs
- 9/7/00 Voluntary Dismissal of Claims withdrawing plaintiffs Pulaski and RMP from the action
- 9/22/00 Magistrate Judge E. Thomas Boyle order extending stay of non-merit discovery pending the outcome
of the moving defendants' motion to dismiss [jurisdiction/venue motions]
- 9/29/00 Action reassigned by random to Judge Jacob M. Mishler
- 10/20/00 Defendants File Motion Papers in Court
- 12/13/00 9:15 a.m. Telephonic Status Conference with Magistrate Judge E. Thomas Boyle - 12 persons
joined in the conference
- 1/12/01 Plaintiffs filed Cross-Motion Papers including Appendix E with Court in Brooklyn and Federal
Expressed Courtesy Copy to Judge Mishler
- 3/16/01 Motions and Cross-Motions Submitted to Judge Mishler for Decision: Defendants' Motions to Dismiss
for Alleged Failure to State a Claim and by CSK and O'Reilly to Dismiss for Alleged Lack of Jurisdiction/Venue
and Alternatively to Transfer to Another Venue; and Plaintiffs' Cross-Motions for Limited Discovery and
Alternative Motion for Leave to Amend Complaint by Adding Specific Details in an Appendix
- 10/18/01 Judge Mishler Decides All Motions, Denying Motion to Dismiss Section 2(a)/2(f) Claims; Granting
Motion to Dismiss Section 2(c) Claims; Denying All Motions to Dismiss or Transfer Action as to CSK and
O'Reilly for Alleged Lack of Jurisdiction or Improper Venue; Held that Indirect Purchasers Have no Monetary
Claims for their Indirect Purchases but Have Claim for Injunctive Relief; and Granted Plaintiffs Leave to
Amend Their Complaint to Add Specific Information about Each Plaintiff and Defendant
Judge Mishler's 10/18/01 Decision
- 11/9/01 Filed 2nd Amended Complaint including Appendix D thereto (as a separate document)
- 3/6/02 conference before Magistrate Judge E. Thomas Boyle and resulting Scheduling Order (described below)
-
The following court conference is scheduled to be held:
- 4/9/03 1:30 p.m. status conference with Magistrate Judge E. Thomas Boyle in Federal Courthouse in Central Islip,
Long Island, New York
-
As of 3/6/02, pursuant to Order of
Magistrate Judge Boyle, there are the following deadlines:
- 12/1/02 - End of fact discovery on liability issues (each side limited to 30 depositions)
- 12/9/02 - Deadline for plaintiffs' expert reports - liability issues
- 1/31/03 - Deadline for defendants' expert reports - liability issues
- 3/31/03 - End of expert discovery on liability issues (no stated limitation on number of expert depositions)
- Probably 5/31/03 - Any dispositive motions by defendants to be made by such date
At this date (3/10/02) there are no Discovery Requests by Plaintiffs but are expected to be served in early April, 2002.
-
At this date (3/10/02) there are no Discovery Requests by Defendants, but are expected to be served in
early April, 2002.
-
The following significant decisions have been rendered by the Court:
- 10/18/01 Decision Denying Defendants' Motions to Dismiss Plaintiffs' Section 2(a)/2(f) Claims;
Granting Defendants' Motions to Dismiss Section 2(c) Claims; Denying All Motions to Dismiss or
Transfer Action as to Defendants CSK and O'Reilly for Alleged Lack of Jurisdiction or Improper Venue;
Held that Plaintiff Indirect Purchasers Have no Monetary Claims for their Indirect Purchases but Have
Claim for Injunctive Relief; and Granted All Plaintiffs Leave to Amend Their Complaint to Add
Specific Information about Each Plaintiff and Defendant
Judge Mishler's 10/18/01 Decision
- 3/6/02 Scheduling Order of Magistrate Judge Boyle the details of which are found above under
"Scheduling and Deadlines"
Go to Robinson-Patman Act Website - RPAMall
Carl E. Person, Editor/Publisher. For his c.v. or resume, click on
Carl E. Person C.V..
If you have any questions, please call Carl Person at 212-307-4444 or
fax him at 212-307-0247, or send
him an email to carlpers@ix.netcom.com.
Copyright © 2000-2006 by Carl E. Person