153089P.pdf   03/01/2017  Colella's Super Market, Inc.  v.  SuperValu, Inc.
   U.S. Court of Appeals Case No:  15-3089
                          and No:  15-3174
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Riley, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Antitrust. For the court's prior opinions concerning the 
   proper classes see King Cole Foods, Inc. v. SuperValu, Inc, 707 F.3d 917 
   (8th Cir. 2013) and D&G, Inc. v. SuperValu, Inc. 752 F.3d 728 (8th Cir. 
   2014). On remand, the district court denied Colella's Super Markets motion 
   to intervene to join a request to certify a narrower New England class and 
   announced it would not consider any new definition of a class of New 
   England plaintiffs; this court has no discretion to hear Village Market's 
   appeal of the court's announcement that it would refuse to consider 
   certifying the Greater Boston class as an order that leaves class-action 
   status unchanged from what was determined by a prior order is not an order 
   "granting or denying class certification" for purposes of an interlocutory 
   appeal under Rule 23(f); the district court did not abuse its discretion 
   in denying Colella's motion to intervene as untimely. Judge Colloton, 
   concurring in the judgment.