North American Meat Institute v. Xavier Becerra et al
| North American Meat Institute |
| Xavier Becerra, Karen Ross, Susan Fanelli and Dr. Sonia Angell |
| Farm Sanctuary, Animal Legal Defense Fund, The Humane Society of the United States, The Humane League, Compassion in World Farming USA, Animal Equality and Compassion Over Killing |
| Association of California Egg Farmers and The States of Indiana, Alabama, Arkansas, Kansas, Louisiana, Missouri, Oklahoma, South Carolina and Utah |
| 2:2019cv08569 |
| October 4, 2019 |
| U.S. District Court for the Central District of California |
| Frederick F Mumm |
| Christina A Snyder |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #45 by Defendant-Intervenors Animal Equality, Animal Legal Defense Fund, Compassion Over Killing, Compassion in World Farming USA, Farm Sanctuary, The Humane League, The Humane Society of the United States. The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: MOTION: Judgment on the Pleadings ( follow system prompts to select Date, Time and Judge). Due to incorrect event NO Motion, NOR Motion hearing was set on Judge's Motion calendar. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 45 NOTICE OF MOTION filed by Defendant-Intervenors Animal Equality, Animal Legal Defense Fund, Compassion Over Killing, Compassion in World Farming USA, Farm Sanctuary, The Humane League, The Humane Society of the United States. FOR JUDGMENT ON THE PLEADINGS; MEMORANDUM OF POINTS AND AUTHORITIES (Attachments: #1 Proposed Order)(Wagman, Bruce) |
| Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Sonia Angell, Xavier Becerra, Karen Ross. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order) (Wise, R) |
| Filing 43 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #15 , AND PROPOSED DEFENDANT-INTERVENORS' MOTION TO INTERVENE #25 . The Court GRANTS intervenors' motion to intervene in this action, and DENIES plaintiffs motion for preliminary injunction. (lc). Modified on 11/22/2019 (lc). |
| Filing 41 TRANSCRIPT ORDER as to Plaintiff North American Meat Institute for Court Reporter. Court will contact Claudia Espinoza at cvespinoza@sidley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Commons, Sean) |
| Filing 42 MINUTES OF Motion Hearing held before Judge Christina A. Snyder: RE MOTION FOR PRELIMINARY INJUNCTION #15 PROPOSED DEFENDANT-INTERVENORS MOTION FOR LEAVE TO INTERVENE #25 . Tentative order provided. The Court confers with counsel, as stated in Court and on the record, and counsel argue. Court Reporter: Lauria Elias. (lc) |
| Filing 40 Amicus Curiae Brief filed by Amicus The States of Indiana, Alabama, Arkansas, Kansas, Louisiana, Missouri, Oklahoma, South Carolina and Utah. (lc) |
Filing 39
ORDER GRANTING MOTION FOR LEAVE TO FILE AND AMICUS BRIEF OF INDIANA, ALABAMA, ARKANSAS, KANSAS, LOUISIANA, MISSOURI, OKLAHOMA, SOUTH CAROLINA, AND UTAH IN SUPPORT OF PLAINTIFFS REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF #32 by Judge Christina A. Snyder (lc)
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| Filing 38 PLAINTIFF'S RESPONSE TO MOTION FOR LEAVE TO INTERVENE re NOTICE OF MOTION AND MOTION to Intervene (for Leave to Intervene) #25 filed by Plaintiff North American Meat Institute. (Commons, Sean) |
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Filing 37
ORDER by Judge Christina A. Snyder: granting #31 Non-Resident Attorney Thomas M. Fisher APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute, designating Edward S Renwick as local counsel. (bm)
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Filing 36
ORDER by Judge Christina A. Snyder: granting #30 Non-Resident Attorney Kian J. Hudson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute, designating Edward S Renwick as local counsel. (bm)
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| Filing 35 SCHEDULING NOTICE ADVANCED by Judge Christina A. Snyder re: NOTICE OF MOTION AND MOTION for Leave to file Amicus Brief of Idiana, Alabama, Arkansas, Kansas, Louisiana, Missouri, Oklahoma, South Carolina, And Utah In Support Of Plaintiffs Request For Declaratory And Injunctive Relief #32 , previously scheduled for 11/25/2019 at 10:00 AM has been rescheduled. Motion hearing is advanced to 11/18/2019 at 10:00 AM before Judge Christina A. Snyder. Any opposition shall be filed on or before 11/12/2019. No replies will be accepted.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 34 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Thomas M. Fisher to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24723739) #31 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 33 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kian J. Hudson to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24723660) #30 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 32 NOTICE OF MOTION AND MOTION for Leave to file Amicus Brief of Idiana, Alabama, Arkansas, Kansas, Louisiana, Missouri, Oklahoma, South Carolina, And Utah In Support Of Plaintiffs Request For Declaratory And Injunctive Relief filed by Amici Curiae North American Meat Institute. Motion set for hearing on 11/25/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Renwick, Edward) |
| Filing 31 APPLICATION of Non-Resident Attorney Thomas M. Fisher to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24723739) filed by Amici Curiae North American Meat Institute. (Attachments: #1 Proposed Order) (Renwick, Edward) |
| Filing 30 APPLICATION of Non-Resident Attorney Kian J. Hudson to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24723660) filed by Amici Curiae North American Meat Institute. (Attachments: #1 Proposed Order) (Attorney Edward S Renwick added to party North American Meat Institute(pty:pla)) (Renwick, Edward) |
| Filing 29 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining the implementation and enforcement of Proposition 12's sales ban, California Health & Safety Code Sec. 25990(b), as applied to pork and veal imported into California from other St #15 filed by Plaintiff North American Meat Institute. (Commons, Sean) |
| Filing 28 Amicus Brief of Association of California Egg Farmers in Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. This Court should deny Plaintiffs motion for a preliminary injunction. Re: Order on Motion to File Amicus Brief #27 . (twdb) |
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Filing 27
ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS BRIEF OF ASSOCIATION OF CALIFORNIA EGG FARMERS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Judge Christina A. Snyder #23 . (twdb)
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| Filing 26 SCHEDULING NOTICE OF CLARIFICATION by Judge Christina A. Snyder re: NOTICE OF MOTION AND MOTION to Intervene (for Leave to Intervene) #25 . The Court is in receipt of proposed defendants-intervenors motion for leave to intervene #25 filed 10/29/2019)(Motion) which was noticed for hearing on 11/18/2019. Pursuant to Local Rule 6-1, motions must be filed not later than 28 days before the noticed hearing date. The Court accordingly construes proposed defendants-intervenors request for a 11/18/2019 hearing date as a request to shorten time. The Court will GRANT that request, and the Motion will be heard on 11/18/2019. Any opposition to the Motion shall be due 11/11/2019. No replies shall be permitted. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 25 NOTICE OF MOTION AND MOTION to Intervene (for Leave to Intervene) filed by Defendant-Intervenor The Humane Society of the United States, Animal Legal Defense Fund, Animal Equality, The Humane League, Farm Sanctuary, Compassion in World Farming USA, Compassion Over Killing. Motion set for hearing on 11/18/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum Proposed Defendant-Intervenors' Memorandum of Points & Authorities in Support of Motion to Intervene, #2 Declaration of Josh Balk in Support of Proposed Defendant-Intervenors' Motion to Intervene, #3 Declaration of Gene Baur in Support of Proposed Defendant-Intervenors' Motion to Intervene, #4 Declaration of Sarah Hanneken in Support of Proposed Defendant-Intervenors' Motion to Intervene, #5 Declaration of Will Lowrey in Support of Proposed Defendant-Intervenors' Motion to Intervene, #6 Declaration of Wendy Watts in Support of Proposed Defendant-Intervenors' Motion to Intervene, #7 Declaration of Stephen Wells in Support of Proposed Defendant-Intervenors' Motion to Intervene, #8 Declaration of Cynthia von Schlichten in Support of Proposed Defendant-Intervenors' Motion to Intervene, #9 Exhibit 1 - Proposed Answer and Affirmative Defenses to Plaintiff's Complaint, #10 Exhibit 2 - Proposed Defendant-Intervenors' Memorandum of Points & Authorities in Opposition to Plaintiff's Motion for a Preliminary Injunction, #11 Proposed Order Granting Defendant-Intervenors' Motion to Intervene, #12 Proposed Order Denying Plaintiff's Motion for Preliminary Injunction) (Attorney Bruce Andrew Wagman added to party The Humane Society of the United States(pty:intvd), Attorney Bruce Andrew Wagman added to party Animal Legal Defense Fund(pty:intvd), Attorney Bruce Andrew Wagman added to party Animal Equality(pty:intvd), Attorney Bruce Andrew Wagman added to party The Humane League(pty:intvd), Attorney Bruce Andrew Wagman added to party Farm Sanctuary(pty:intvd), Attorney Bruce Andrew Wagman added to party Compassion in World Farming USA(pty:intvd), Attorney Bruce Andrew Wagman added to party Compassion Over Killing(pty:intvd)) (Wagman, Bruce) |
| Filing 24 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining the implementation and enforcement of Proposition 12's sales ban, California Health & Safety Code Sec. 25990(b), as applied to pork and veal imported into California from other St #15 filed by Defendants Sonia Angell, Xavier Becerra, Karen Ross. (Wise, R) |
| Filing 23 NOTICE OF MOTION AND MOTION to File Amicus Brief (Unopposed) filed by Movant Association of California Egg Farmers. Motion set for hearing on 11/25/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order, #2 Proposed Amicus Brief) (Attorney Brian M Boynton added to party Association of California Egg Farmers(pty:bkmov)) (Boynton, Brian) |
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Filing 22
ORDER #21 by Judge Christina A. Snyder: The Court orders the following briefing and hearing schedule: November 27, 2019: Defendants to file motion to dismiss; January 14, 2020: Plaintiff to file opposition to Defendants motion to;dismiss;January 27, 2020: Defendants to file reply in support of motion to dismiss; February 24, 2020 (10:00 A.M.): Hearing on Defendants motion to dismiss. (lc) Modified on 10/24/2019 (lc).
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| Filing 21 STIPULATION Extending Time to Answer the complaint as to Susan Fanelli answer now due 11/27/2019; Karen Ross answer now due 11/27/2019; Xavier Becerra answer now due 11/27/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Susan Fanelli; Karen Ross; Xavier Becerra. (Attachments: #1 Proposed Order)(Attorney R Matthew Wise added to party Xavier Becerra(pty:dft), Attorney R Matthew Wise added to party Susan Fanelli(pty:dft), Attorney R Matthew Wise added to party Karen Ross(pty:dft))(Wise, R) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff North American Meat Institute, upon Defendant Susan Fanelli served on 10/7/2019, answer due 10/28/2019. Service of the Summons and Complaint were executed upon Laurna Costelli, Legal in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Commons, Sean) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff North American Meat Institute, upon Defendant Karen Ross served on 10/7/2019, answer due 10/28/2019. Service of the Summons and Complaint were executed upon Ruthdale Keli, Legal in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Commons, Sean) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff North American Meat Institute, upon Defendant Xavier Becerra served on 10/7/2019, answer due 10/28/2019. Service of the Summons and Complaint were executed upon JP Sattler, Officer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Commons, Sean) |
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Filing 20
ORDER GRANTING APPLICATION of Non-Resident Attorney Paul J Zidicky to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute and designating Sean A. Commons as local counsel #6 by Judge Christina A. Snyder. (lc)
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Filing 19
ORDER GRANTING APPLICATION of Non-Resident Attorney Eric D. McArthur to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute and designating Sean A. Commons as local counsel #7 by Judge Christina A. Snyder. (lc) Modified on 10/11/2019 (lc).
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| Filing 15 NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining the implementation and enforcement of Proposition 12's sales ban, California Health & Safety Code Sec. 25990(b), as applied to pork and veal imported into California from other States and countries . Motion filed by Plaintiff North American Meat Institute. Motion set for hearing on 11/18/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration Casey Lynn Gallimore, #2 Declaration Dr. Keith E. Belk, #3 Declaration Dale Bakke, #4 Declaration Anthony Catelli, Jr., #5 Declaration Brian Friesen, #6 Declaration Cory Bollum, #7 Declaration Robert Darrell, #8 Declaration Todd Neff, #9 Declaration Joshua L. Rennells, #10 Declaration Matthew Turner) (Commons, Sean) |
| Filing 14 NOTICE OF ERRATA filed by Plaintiff North American Meat Institute. correcting Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #8 (Attachments: #1 Exhibit A, #2 Exhibit B)(Commons, Sean) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Karen Ross. (lh) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Susan Fanelli. (lh) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Xavier Becerra. (lh) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Frederick F. Mumm. (lh) |
| Filing 8 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Eric D. McArthur to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24553685) #7 , APPLICATION of Non-Resident Attorney Paul J. Zidlicky to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24553649) #6 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
| Filing 7 APPLICATION of Non-Resident Attorney Eric D. McArthur to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24553685) filed by Plaintiff North American Meat Institute. (Attachments: #1 Proposed Order) (Commons, Sean) |
| Filing 6 APPLICATION of Non-Resident Attorney Paul J. Zidlicky to Appear Pro Hac Vice on behalf of Plaintiff North American Meat Institute (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24553649) filed by Plaintiff North American Meat Institute. (Attachments: #1 Proposed Order) (Commons, Sean) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiff North American Meat Institute. (Commons, Sean) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff North American Meat Institute, (Commons, Sean) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff North American Meat Institute. (Attachments: #1 Summons, #2 Summons)(Commons, Sean) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff North American Meat Institute. (Commons, Sean) |
| Filing 1 COMPLAINT Receipt No: 0973-24553419 - Fee: $400, filed by Plaintiff North American Meat Institute. (Attorney Sean A Commons added to party North American Meat Institute(pty:pla))(Commons, Sean) |
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