Rail Freight Fuel Surcharge Antitrust Litigation (No. Ii)- Mdl No. 2925
Misc. No. 2020-0008
| D.D.C. | Jul 6, 2021Background
- MDL II consolidates over 100 cases alleging the four largest U.S. railroads conspired to inflate rail‑freight prices via fuel surcharges; parties dispute how long fact discovery should be extended.
- Plaintiffs proposed a 3‑month extension (to Dec. 31, 2021); defendants sought about 14 months (to Dec. 2, 2022).
- Defendants estimate roughly 600–1,000 depositions (including ~660 plaintiff‑side depositions across groups); plaintiffs identified ~50 fact depositions plus 30(b)(6) depositions of defendants.
- A pending interlocutory appeal in related MDL I concerns the interpretation of 49 U.S.C. § 10706 (limits on admissibility of certain rail “interline” communications); that ruling affects what evidence is admissible and thus the scope of discovery in MDL II.
- The Court granted the longer extension: fact discovery extended to Oct. 1, 2022; expert deadlines moved forward by the same interval; denied the parties’ requested status conference; ordered joint status reports every 12 weeks starting Sept. 7, 2021.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Length of fact discovery extension | Short extension (3 months) sufficient | Long extension (~14 months) needed to schedule hundreds of depositions | Court adopted long extension: fact discovery to Oct. 1, 2022 |
| Whether to await MDL I Section 10706 appeal | Prefer quicker discovery; did not emphasize appeal impact | Discovery should align with D.C. Circuit resolution of Section 10706 | Court weighed judicial economy and alignment with appeal; granted extension to accommodate impact |
| Effect on expert schedule | Did not propose changed expert dates | Sought overall schedule that accommodates extended fact discovery | Court extended all subsequent expert deadlines by same interval (new expert schedule set) |
| Request for status conference and monitoring | Requested conference to modify scheduling order | Argued conference unnecessary; asked for predictable schedule and reporting | Court denied status conference; ordered joint status reports every 12 weeks beginning Sept. 7, 2021 |
Key Cases Cited
- No authorities with official reporter citations were cited in the memorandum opinion; the decision primarily relied on related MDL I district‑court decisions and the parties’ joint filings.