Order | Filed: July 10, 2026
| Entered: July 12, 2026
In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
Anti-Trust | New York Southern
Memorandum & Opinion
AMENDED OPINION & ORDER re: (2449 in 1:14-md-02542-VSB-SLC) MOTION in Limine to Exclude the Amended Expert Reports and Related Testimony of JBR Expert Gareth Macartney, Ph.D filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. For the reasons outlined above, Keurig's motion to exclude Dr. Macartney's testimony is GRANTED IN PART and DENIED IN PART. JBR may proceed with a damages model based on the Amazon benchmark, which Keurig is free to attack through cross-examination and competing evidence. The other benchmarks, which retain the same problem of incorporating the allegedly unlawful gains of the purported monopolist into the but-for world that is supposed to model more competitive market conditions, cannot survive the reliability inquiry under Rule 702 and are hereby excluded. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 2449. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/10/2026) (mml)
Order | Filed: July 10, 2026
| Entered: July 12, 2026
In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
Anti-Trust | New York Southern
Order Adopting Report and Recommendations
AMENDED OPINION & ORDER for (2399 in 1:14-md-02542-VSB-SLC) Motion to Seal filed by Winn-Dixie Stores, Inc., (97 in 1:14-mc-02542-VSB) Report and Recommendations - Special Master, (2132 in 1:14-md-02542-VSB-SLC) Motion to Seal, filed by Winn-Dixie Stores, Inc., (2082 in 1:14-md-02542-VSB-SLC) Motion to Seal, filed by Winn-Dixie Stores, Inc., (2113 in 1:14-md-02542-VSB-SLC) Motion to Seal, filed by Winn-Dixie Stores, Inc., (2400 in 1:14-md-02542-VSB-SLC) Motion for Reconsideration filed by Winn-Dixie Stores, Inc., (2405 in 1:14-md-02542-VSB-SLC) Motion to Seal filed by Winn-Dixie Stores, Inc. For the reasons outlined above, Winn-Dixie's motion for reconsideration is DENIED. Pursuant to Judge Cave's Order at Doc. 2410, the parties shall confer on an appropriate briefing schedule for Keurig's motion for attorneys' fees and update the court by June 1, 2026. Winn-Dixie shall resubmit, by that date, its letter motions to seal its motion and reply brief filed at Docs. 2399 and 2405 proposing narrowly tailored redactions to its briefs consistent with the prior sealing rulings in this case and the Second Circuit's standard set forth in Lugosch v.Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006) ("[D]ocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." (citing In re New York Times Co., 828 F.2d 110, 116 (2d Cir. 1987).) Winn-Dixie's motions to seal its entire motion for reconsideration, memorandum in support, and reply brief are DENIED without prejudice to Winn-Dixie filing targeted redactions. Further, Winn-Dixie may also refile any motion to seal its initial objections and Daubert filings, which I have denied without prejudice, per Special Master Holwell's recommendation, by that same date. The Clerk of Court is respectfully directed to terminate the motions at Docs. 2399, 2400, and 2405. The Clerk is also directed to terminate Winn-Dixie's sealing motions relating to Special Master Holwell's Reports, which are pending at Docs. 2082, 2113, and 2132. However, the Clerk of Court is also respectfully directed to keep the filings at Doc. 2049, 2060, 2089, 2114, 2133, 2400, and 2406 under seal until further order from me. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/10/2026) (mml)