Motion to supplement record and request for certification of appealability in two antitrust actions

Howard Hess Dental Laboratories Inc. et al., v. Dentsply International, Inc., and Jersey Dental Laboratories, et al. v. Dentsply International, Inc. C.A. Nos. 99-255 and 01-267-SLR, January 8, 2008.

Robinson, J.  Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.


 

Following court’s denial of plaintiffs’ motion for summary judgment in one of two consolidated antitrust actions and dismissal of several of plaintiffs’ counts in the other, the court considered plaintiffs’ motions to supplement the record to add additional evidence and for a certificate of appealability with respect to the dismissal of its exclusive dealing claims in the second action and for a stay of the proceedings pending that appeal.  Court denied motion to supplement because plaintiffs failed to show relevance of proposed additional evidence to the case as litigated by plaintiffs.  Court agreed to certify the appeal. 

A copy of the full opinion is available here.

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