Ron Offutt wants potato price-fixing lawsuit dismissed

Ron Offutt wants potato price-fixing lawsuit dismissed
July 27, 2013
Business magnate Ron Offutt formally has denied wrongdoing in a potato price-fixing lawsuit, asking that the case be dismissed or that it go to jury trial.

Offutt is among the defendants in a suit filed in U.S. District Court in Idaho by Associated Wholesale Grocers Inc. against United Potato Growers of America, its affiliate United Potato Growers of Idaho and other parties.

Plaintiffs allege price-fixing in the fresh potato market. Offutt’s formal denial offers 406 separate responses, many repetitive. Offutt is founder of R.D. Offutt Co., which has headquarters in Fargo and reputedly is the largest independent potato producer in the nation, at times producing 66,000 acres under irrigation. Most of his potatoes are in processing for frozen products, and relatively few are in the fresh market. He is connected with the suit primarily because of ownership interest in some dehydration plants.

In the 66-page legal response, amended Wednesday, Offutt says he is “without sufficient information or knowledge to adequately respond regarding the truth” of many of the allegations he says are directed to other defendants in the matter, and denies them.

He is represented by Brian E. McGovern of the McCarthy, Leonard, Kaemmerer L.C., firm in Chesterfield, Mo., and by Albert P. Barker of Barker Rosholt &Simpson LLP of Boise, Idaho.

The case had 442 docket entries as of Thursday. Other defendants have filed similar responses.

Offutt says the complaint “improperly groups all defendants together as part of its allegations.” It says the complaint contains quotes from documents that aren’t provided by exhibits, and that the entire content of any document is needed for context.

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