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ALAKAYAK v ALL ALASKAN SEAFOODS, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 3AN-95-04676CI, CourtCode: SU, CourtName: Superior Court, Defendant: , District: Third, JudgeName: Peter Michalski, Plaintiff: LOUIE ALAKAYAK, State: AK Alaska, UniqueCaseRef: AK>SU>3AN-95-04676CI, Price, Importers, Evidence, Bristol Bay, Summary Judgment, Conspiracy, Endnote, Grounds Prices, Salmon, Fix, Alaska, Tracking, Sockeye Salmon, Summary Judgment Standard, Price Verifications, Reasonableness, Competition, Communications, Alleged Conspiracy, Wards Cove, Japanese Importers, Circumstantial Evidence, Plaintiffs Argue, Importer Defendants, Custom Processing, Future Pricing Intentions, Consistent, Conscious Parallelism, Processor Defendants, Agreement, Fix Grounds Prices, Opposition , ContentID: 120239500

Case Documents
1 1999-07-02 ED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 100024
37 pages
HTML
2 1999-07-02 ORDER GRANTING SUMMARY JUDGMENT TO THE IMPORTER DEFENDANTS
[ see first page and extracted highlights below  ] Mtn tracking #188, ItemID: 100001
3 pages
HTML
Total Documents: 2 documents , 40 pages
Price: $ 24.95


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1 . ED COMPLAINT

EXTRACTED KEY WORDS
PRICE
DEFENDANTS
COURT
IMPORTERS
EVIDENCE
BRISTOL BAY
SUMMARY JUDGMENT
CONSPIRACY
ENDNOTE
GROUNDS PRICES
SALMON
FIX
ALASKA
TRACKING
SOCKEYE SALMON
SUMMARY JUDGMENT STANDARD
PRICE VERIFICATIONS
REASONABLENESS
COMPETITION
COMMUNICATIONS
WARDS COVE
ALLEGED CONSPIRACY
CIRCUMSTANTIAL EVIDENCE
PLAINTIFFS ARGUE
JAPANESE IMPORTERS
CUSTOM PROCESSING
FUTURE PRICING INTENTIONS
CONSISTENT
CONSCIOUS PARALLELISM

IN THE SUPERIOR COURT OF THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT

LOUIE ALAKAYAK, et al., Plaintiffs,

vs.

ALL ALASKAN SEAFOODS, INC., et al.,Defendants.

Case No. 3AN-95-04676CI

ORDER GRANTING SUMMARY JUDGMENT

TO ALL PROCESSOR DEFENDANTS

(Mtn tracking # 202)

This order grants summary judgment to the processor defendants accused of conspiring to fix the
s 1989 through 1995. An order granting summary judgment to the importers defendants who are
 order. Section I provides an introduction to this order. The applicable summary judgment standard
and III. Section IV discusses how all defendants' have met their burden of proof by denying that
 in Bristol Bay. Since the defendants meet their burden of proof, the burden of proof then shifts
iscuss the direct and circumstantial evidence that the plaintiffs provided to the court to meet
 evidence is viewed as a whole. Additionally, in section VII, the court finds that the plaintiffs'
he alleged conspiracy between processors. Finally, section VIII is a conclusion.

I. INTRODUCTION

The plaintiffs' class in this suit is made up of fishers who harvested sockeye salmon from the
he defendants are made up of processors who purchased sockeye from the plaintiffs (see endnote 1)
SNIPPETS:
  • IN THE SUPERIOR COURT OF THE STATE OF ALASKA
  • This order grants summary judgment to the processor defendants accused of conspiring to fix
  • The applicable summary judgment standard and the applicable law are laid out in sections II
  • Since the defendants meet their burden of proof, the burden of proof then shifts to the
  • Sections V and VI summarize and discuss the direct and circumstantial evidence that the
  • Additionally, in section VII, the court finds that the plaintiffs' have failed to show how at
  • The defendants are made up of processors who purchased sockeye from the plaintiffs (see
  • The plaintiffs' opposition to the motion brought by all defendants focuses on the alleged
  • a conspiracy cannot reasonably be inferred from conduct that is as consistent with
  • Under the standard articulated by the United States Supreme Court and adopted by this court,
  • The fact that this is an antitrust case does not change the necessity that the court consider
  • Speculation, unreasonable inferences, or attempts to create material questions of fact with
  • But in their opposition to the summary judgment motion brought by all defendants the
  • There is admissible evidence that employees from Icicle, BC Packers, and Wards Cove expressed
  • The proper application of circumstantial evidence in a conscious parallelism argument
  • The plaintiffs rely on price verifications, custom processing agreements, opportunity
  • To the extent that these calls involved discussions of future pricing intentions, they are
  • * See order granting summary judgment to all importer defendants, motion tracking number 188.

  • 2 . ORDER GRANTING SUMMARY JUDGMENT TO THE IMPORTER DEFENDANTS

    EXTRACTED KEY WORDS
    PLAINTIFFS
    IMPORTER DEFENDANTS
    EVIDENCE
    CONSPIRACY
    SUMMARY JUDGMENT
    PROCESSOR DEFENDANTS
    COURT
    GROUNDS PRICES
    AGREEMENT
    ALLEGED CONSPIRACY
    FIX GROUNDS PRICES
    ENDNOTE
    OPPOSITION
    ALASKA
    ORDER GRANTING
    JAPANESE IMPORTERS
    BRISTOL BAY
    MOTION
    ALAK
    OPP
    WOODBINE
    NISSUI
    ADMISSIBLE EVIDENCE
    COST PLUS CONTRACT
    NICHIREI
    SUPERIOR COURT
    HORIZONTAL CONSPIRACY
    EVIDENCE TENDING
    INFERRING
    
    
    IN THE SUPERIOR COURT OF THE STATE OF ALASKA THIRD JUDICIAL DISTRICT
    
    LOUIE ALAKAYAK, et al., Plaintiffs,
    
    vs.
    
    ALL ALASKAN SEAFOODS, INC., et al., Defendants.
    
    Case No. 3AN-95-04676CI
    
    ORDER GRANTING SUMMARY JUDGMENT TO THE IMPORTER DEFENDANTS (Mtn tracking # 188)
    
    I. INTRODUCTION
    
    The plaintiffs allege a horizontal conspiracy between processors to fix grounds prices in Bristol
    #1) This order is issued in conjunction with the court's order granting all processors defendants
     summary judgment standard and applicable law in the order granting all processor defendants
    
    II. IMPORTER DEFENDANTS HAVE MET THEIR BURDEN OF PROOF
    
    As discussed in the courts' order granting summary judgment to all processors defendants, all
    t they participated in a conspiracy to fix grounds prices in Bristol Bay. Accordingly, the
    ble evidence, that the importer defendants participated in the a conspiracy among processors to fix
    
    III. PLAINTIFFS HAVE NOT SHOWN EVIDENCE TENDING TO PROVE THAT ALL IMPORTER DEFENDANTS COLLECTIVELY
    
    The plaintiffs in their opposition brief explain that:
    
    The Japanese importers joined [the alleged] conspiracy in one of two ways: they either collectively
     decided to join it. (endnote #3)
    
    
    SNIPPETS:
  • IN THE SUPERIOR COURT OF THE STATE OF ALASKA THIRD JUDICIAL DISTRICT
  • ALL ALASKAN SEAFOODS, INC., et al., Defendants.
  • The plaintiffs allege a horizontal conspiracy between processors to fix grounds prices in
  • This order is issued in conjunction with the court's order granting all processors defendants
  • The discussion of the summary judgment standard and applicable law in the order granting all
  • IMPORTER DEFENDANTS HAVE MET THEIR BURDEN OF PROOF
  • As discussed in the courts' order granting summary judgment to all processors defendants, all
  • Accordingly, the plaintiffs must show how they intend to prove, with admissible evidence,
  • PLAINTIFFS HAVE NOT SHOWN EVIDENCE TENDING TO PROVE THAT ALL IMPORTER DEFENDANTS COLLECTIVELY
  • The Japanese importers joined conspiracy in one of two ways: they either collectively agreed
  • The plaintiffs believe that the evidence they rely upon is sufficient to show that the
  • As has already been discussed in the court order granting summary judgment to all processor
  • However, that order noted that plaintiffs have provided evidence tending to show an agreement
  • Evidence also tends to show that Woodbine and Mitsui had agreed to lower Woodbine's grounds
  • In their opposition briefing, the plaintiffs did not rely on this evidence, nor did the
  • Likewise, after reviewing the plaintiffs' oppositions to all importers' motion for summary
  • Plaintiffs opposition briefs indicate that in 1989 Nissui had a cost plus contract with New
  • inferring a agreement from contact alone requires speculation.
  • this evidence does not tie Nichirei or Nissui to the 1990 agreement.
  • * Plaintiffs' opposition to all importer defendants' motion for summary judgment, (cited
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