Morning Star Packing Company, et al v. SK Foods, et al
Plaintiff: Morning Star Packing Company, L.P., Liberty Packing Company, LLC, California Fruit & Tomato Kitchens, LLC and Morning Star Company
Defendant: SK Foods, L.P., Scott Salyer, Randall Rahal and Intramark USA, Inc.
Case Number: 2:2009cv00208
Filed: January 22, 2009
Court: US District Court for the Eastern District of California
Office: Anti-Trust Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Morrison C. England
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 15:1 Antitrust Litigation

Available Case Documents

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Date Filed Document Text
July 31, 2019 Opinion or Order Filing 338 ORDER signed by District Judge Kimberly J. Mueller on 7/30/19 DIRECTING the Clerk to enter judgment for Los Gatos Tomato Products and Stuart Woolf. CASE CLOSED (Kastilahn, A)
May 16, 2019 Opinion or Order Filing 336 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/16/2019 DISMISSING Scott Salyer only, with prejudice. Each side shall bear its own attorneys' fees and costs. (Huang, H)
April 29, 2019 Opinion or Order Filing 334 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/29/2019 ORDERING that defendants SK Foods, L.P. and SK PM Corporation are DISMISSED with prejudice and that the Amended Agreement for Allowance of Claims approved by Order of the Bankruptcy Court dated 1/27/2011 is not affected by this dismissal and remains in full force and effect. (Washington, S)
April 22, 2019 Opinion or Order Filing 332 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 04/19/19 DISMISSING with prejudice defendants Intramark USA, Inc. and Randall Rahal only. Each side shall bear its ownattorneys' fees and costs. (Benson, A.)
August 7, 2018 Opinion or Order Filing 324 ORDER signed by District Judge Kimberly J. Mueller on 8/7/18 ORDERING that Plaintiffs' Motion for Reconsideration 306 is DENIED. (Mena-Sanchez, L)
March 13, 2018 Opinion or Order Filing 322 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/13/18, ORDERING that Plaintiffs' action as to only defendant Ingomar PackingCompany, LLC and defendant Greg Pruett is DISMISSED with prejudice. Each side shall bear its own attorneys' fees and costs. (Kastilahn, A)
January 24, 2018 Opinion or Order Filing 318 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/23/18 ORDERING that the Final Pretrial Conference is RESET for 6/1/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall confer and file a joint pretrial conference statement on or before 5/11/18. (Mena-Sanchez, L)
August 17, 2017 Opinion or Order Filing 312 STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/16/2017 CONTINUING the Motion Hearing re 306 Motion for Reconsideration to 11/17/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; ORDERING defendants Ingomar Packing Company, Greg Pruett, Los Gatos Tomato Products, Stuart Woolf to file and serve an opposition to said motion by 10/27/2017; ORDERING the plaintiffs to file and serve any reply by 11/10/2017. (Michel, G.)
July 17, 2017 Opinion or Order Filing 307 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 07/14/17 ORDERING that the Final Pretrial Conference s RESET for 2/23/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial conference statement due 02/02/18. (Benson, A)
June 14, 2017 Opinion or Order Filing 304 ORDER signed by District Judge Kimberly J. Mueller on 6/13/2017 ORDERING Ingomar's 250 Motion for Summary Judgment is DENIED in PART and GRANTED in PART; Los Gatos's 285 Motion on the Sherman Act Claim, Motion on the RICO claim and Mot ion on the RICO conspiracy claim is GRANTED; a Final Pretrial Conference is set for 8/11/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller, with joint final pretrial statements due by 7/28/2017; the Court DISMISSED all Doe Defendants.(Reader, L)
January 11, 2017 Opinion or Order Filing 303 ORDER signed by District Judge Kimberly J. Mueller on 1/10/2017 GRANTING 298 Motion to Reopen Discovery to support preparation for trial and DENYING 298 Motion to Reopen Discovery to Supplement the record before the court on the pending motions for Summary Judgment. Discovery is REOPENED as described in this order with a cutoff date of 180 days from the date of the court's filing of its order on summary judgment. (Donati, J)
July 9, 2015 Opinion or Order Filing 279 ORDER signed by Judge Kimberly J. Mueller on 7/9/15 DENYING 267 Notice of Request to Seal Document(s), filed by Morning Star Packing Company, L.P. Because plaintiffs filed redacted versions of the documents covered by their request with their opposition papers and request to seal, plaintiffs are DIRECTED to file unredacted versions within 7 days of this order. Alternately, if plaintiffs wish to withdraw their reliance on the redacted portions of those filings, they may file documents omitting those portions within 7 days. (Meuleman, A) Modified on 7/9/2015 (Meuleman, A).
June 18, 2015 Opinion or Order Filing 269 ORDER signed by Judge Kimberly J. Mueller on 6/18/2015 ORDERING 193 The claims pled in plaintiff's second amended complaint are covered by ACPERA's damages limitation provisions as a matter of law. (Reader, L)
February 6, 2015 Opinion or Order Filing 241 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/2015 ORDERING that Plaintiffs' 198 motion to compel production of documents by defendant Salyer and to compel compliance with the subpoena served on Salyer's criminal defense c ounsel, Malcolm Segal & Associates is DENIED. Plaintiffs' 213 petition for an order for disclosure of grand jury materials pursuant to Rule 6 (e), Federal Rules of Criminal Procedure is DENIED. In light of the agreement between plaintiffs, t he Trustee for the SK Foods Liquidating Trust SK Foods and the United States and for the reasons stated on the record at the hearing, plaintiffs shall be responsible for keeping a record of what documents are received from SK Foods Liquidating Trust. Plaintiffs shall also make all documents produced by SK Foods Liquidating Trust available to defendants for inspection and copying. (Zignago, K.)
January 8, 2015 Opinion or Order Filing 230 ORDER denying 223 Motion to Compel signed by Magistrate Judge Edmund F. Brennan on 1/8/15. (Kaminski, H)
December 30, 2014 Opinion or Order Filing 225 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/23/14. Plaintiffs and Los Gatos stipulate that the hearing date for Plaintiffs' MOTION to QUASH 212 Los Gatos Tomato Products' Deposition and Document Subpoenas is CONTINUED from 1/7/15 to 1/14/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Mena-Sanchez, L)
December 15, 2014 Opinion or Order Filing 220 ORDER signed by Judge Kimberly J. Mueller on 12/15/2014 FINDINGS AND RECOMMENDATIONS 218 are ADOPTED in FULL; Discovery EXTENDED to 2/11/2015; the Government is provided until 1/30/2015 to submit an amicus brief addressing any legal impediments to disclosing any documents in its possession that are responsive to plaintiffs' discovery requests. (Reader, L)
December 3, 2014 Opinion or Order Filing 218 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/3/2014 RECOMMENDING that the 148 Status (Pre-Trial Scheduling) Order be modified, and the discovery be extended to 2/11/2015 for the limited purpose of resolving plaint iffs' 198 Motion to Compel and the government be provided until 1/30/2015 to submit an amicus brief addressing any legal impediments to disclosing any documents in its possession that are responsive to plaintiffs' discovery requests. Objections due within 7 days after being served with these findings and recommendations. Referred to Judge Kimberly J. Mueller. (Donati, J)
September 9, 2014 Opinion or Order Filing 191 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/9/14 GRANTING 182 Motion to Compel Responses to Interrogatories in accordance with this order. (Manzer, C)
July 31, 2014 Opinion or Order Filing 181 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 7/31/14: Discovery due by 12/8/2014. Dispositive Motions shall be filed by 8/31/2015. (Kaminski, H)
June 2, 2014 Opinion or Order Filing 176 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/2/14 DENYING 166 MOTION to COMPEL Response to Interrogatory No. 7 filed by Ingomar Packing Company. (Meuleman, A)
October 23, 2013 Opinion or Order Filing 158 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/13. (Meuleman, A)
October 25, 2011 Opinion or Order Filing 133 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 10/24/2011 GRANTING a second extension ot time for Defendants to file and serve an answer to the 116 Second Amended Complaint. Answer due by 10/28/2011. (Michel, G)
September 30, 2011 Opinion or Order Filing 130 ORDER signed by Judge Kimberly J. Mueller on 9/30/2011 ORDERING that the 121 motion to dismiss filed by defendants Ingomar and Los Gatos is DENIED. (Duong, D)
January 14, 2011 Opinion or Order Filing 119 STIPULATION and ORDER 118 for Extension of Time signed by Judge Morrison C. England, Jr. on 1/13/2011. Defendants shall file and serve a Response to Second Amended Complaint on or before 1/21/2011. (Marciel, M)
November 17, 2010 Opinion or Order Filing 115 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 11/16/10 ORDERING that deft's 108 Motion to Dismiss is GRANTED with leave to amend as to pltf's third, fourth, and fifth causes of action. Deft's Motion to Dismiss pltf's second cause of action is DENIED. Pltf's may file an amended complaint no later than 20 days after the filing of this order. (Owen, K)
July 27, 2010 Opinion or Order Filing 107 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/26/10: dfts shall agree to accept service of process including the summons and first amended complaint in this matter through their respective counsel of record with an effective date of such service being 6/7/10; dfts shall file and serve a response to the first amended complaint on or before 8/9/10; and to the extent that one or more dfts responds to the first amended complaint by filing a motion under Rule 12 of the FRCP, the hearing of such motion shall be set for a hearing date sufficient to allow pltfs no less than 45 days in which to file an opposition to such motion(s). (Carlos, K)
January 26, 2010 Opinion or Order Filing 99 STIPULATION and ORDER 98 signed by Judge Morrison C. England, Jr., on 1/25/10, ORDERING that pltfs shall have until 1/29/10 to file an amended complaint. Salyer shall have until 3/10/10 to answer or otherwise respond to pltfs' amended complaint.(Kastilahn, A)
January 5, 2010 Opinion or Order Filing 97 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 1/4/2010 GRANTING 96 Stipulation and Proposed Order regarding extension of time for filing of amended complaint until 1/21/2010 and to respond to amended complaint until 2/26/2010. (Matson, R)
December 8, 2009 Opinion or Order Filing 95 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 12/8/09 ORDERING the hearing on Salyer's motion to dismiss currently set for 12/10/09 is vacated; Plaintiffs shall have until 12/31/09 in which to file anamended complaint; and Salyer shall have until 2/5/10 in which to answer orotherwise respond to Plaintiffs' amended complaint. (Becknal, R)
December 1, 2009 Opinion or Order Filing 94 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 11/30/2009 ORDERING that the hearing on 88 Motion to Dismiss is vacated; pltfs Amended Complaint due by 12/31/2009; Salyer's response to amended complaint due by 2/5/2010. (Suttles, J)
July 15, 2009 Opinion or Order Filing 80 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/14/09 ORDERING that the plaintiffs may file a consolidated amended complaint in this matter until 9/8/09; counsel are directed to submit a joint status report not later than 60 days after a consolidated amended complaint is filed or if no consolidated amended complaint is filed, within the 180 day period folowing the date of the Court's original 3/11/09 order. (Gaydosh, J)
April 15, 2009 Opinion or Order Filing 71 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/14/2009 ORDERING 70 The deadline for Rahal and Intramark to respond to the Complaint shall be EXTENDED to 10 days following the Court's ruling on the pending motion to dismiss, or if appropriate, within the time permitted by the FRCP for responding to an amended complaint, should an amended complaint be filed by Plaintiffs. (Reader, L)
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Search for this case: Morning Star Packing Company, et al v. SK Foods, et al
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Plaintiff: Morning Star Packing Company, L.P.
Represented By: Alex James Kachmar, Jr
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Plaintiff: Liberty Packing Company, LLC
Represented By: Alex James Kachmar, Jr
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Plaintiff: California Fruit & Tomato Kitchens, LLC
Represented By: Alex James Kachmar, Jr
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Plaintiff: Morning Star Company
Represented By: Alex James Kachmar, Jr
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Defendant: SK Foods, L.P.
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Defendant: Scott Salyer
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Defendant: Randall Rahal
Represented By: David Warren Dratman
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Defendant: Intramark USA, Inc.
Represented By: David Warren Dratman
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