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In the United States District Court
Northern District of California
Memorandum in Support of
Motion for Summary Judgment
Case No. 3:19-cv-04127-WHO
I. STATEMENT OF UNDISPUTED FACTS
On November 15, 2018, the CEOs of Pacific Grain Distributors, Inc. and three competing firms attended a private dinner at the Capital Grille in Sacramento during the Western Rice Summit.1 During this dinner, the participants discussed and agreed upon a coordinated price increase to be implemented in Q1 2019, as reflected in handwritten notes seized from Morrison’s office.2
The agreed-upon pricing matrix was circulated via email on March 4, 2019 and implemented across all four firms within two weeks.3 Internal communications reveal participants were aware of the illegality of this arrangement, with CFO Chen advising colleagues to “keep this off email” and referencing a “file purge.”4
II. ARGUMENT
Horizontal price-fixing agreements are per se unlawful under Section 1 of the Sherman Act. United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 223 (1940). The direct evidence — contemporaneous notes, pricing communications, and testimony — establishes each element beyond genuine dispute.
1 See Ex. 3 (Calendar Entry, Nov. 15, 2018); Morrison Dep. Tr. 47:12–48:3.
2 Ex. 10 (Handwritten Notes) (“Market Stability Discussion — align pricing Q1”).
3 Ex. 6 (Pricing Email, Mar. 2019); MSC Minutes (Jan. 2019).
4 Ex. 7 (CFO Mem. re Antitrust); Ex. 5 (Text Messages).
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