Triumph Foods, LLC, et al v. Campbell, et al
| CHRISTENSEN FARMS MIDWEST, LLC, individually and on behalf of its members, HANOR COMPANY OF WISCONSIN, LLC, individually and on behalf of its members, EICHELBERGER FARMS, INC., individually and on behalf of its members, NEW FASHION PORK, LLC, individually and on behalf of its members, ALLIED PRODUCERS' COOPERATIVE, individually and on behalf of its members and TRIUMPH FOODS, LLC, individually and on behalf of its members |
| ANDREA J. CAMPBELL, Attorney General of Massachusetts and ASHLEY RANDLE, Massachusetts Commissioner of Agriculture |
| ANIMAL EQUALITY, ANIMAL OUTLOOK, COMPASSION IN WORLD FARMING USA, HUMANE LEAGUE, HUMANE SOCIETY OF THE UNITED STATES, FARM SANCTUARY, ANIMAL LEGAL DEFENSE FUND, ANIMAL WELLNESS FOUNDATION, ANIMAL WELLNESS ACTION, CENTER FOR A HUMANE ECONOMY, MA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS and ANIMAL RESCUE LEAGUE OF BOSTON |
| STATE OF WEST VIRGINIA, STATE OF KANSAS, STATE OF ALABAMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF OHIO, STATE OF VIRGINIA, STATE OF KENTUCKY, STATE OF IOWA, STATE OF LOUISIANA, STATE OF MISSOURI, STATE OF MISSISSIPPI, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF NORTH DAKOTA, STATE OF NEW HAMPSHIRE, STATE OF OKLAHOMA, STATE OF SOUTH DAKOTA, STATE OF UTAH and STATE OF WYOMING |
| 24-1759 |
| August 19, 2024 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
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ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge, denying motion to extend time to file brief filed by Appellees Andrea J. Campbell and Ashley Randle. [24-1759] (JMK) [Entered: 10/10/2024 04:16 PM]
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| RESPONSE filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC to [ # 6673155-2 ]. Served on 10/09/2024. [24-1759] (MTR) [Entered: 10/09/2024 10:31 AM] |
| MOTION to extend time to file brief filed by Appellees Andrea J. Campbell and Ashley Randle. Served on 10/08/2024. [24-1759] (GG) [Entered: 10/08/2024 12:43 PM] |
| FIVE (5) paper copies of appendix [ # 6669415-2 ] submitted by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC, and Triumph Foods, LLC. Number of volumes: 9. [24-1759] (ELM) [Entered: 10/07/2024 04:52 PM] |
| NINE (9) paper copies of amicus curiae brief [ # 6671507-2 ] submitted by Amici Curiae State of Alabama, State of Arkansas, State of Georgia, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of Virginia, State of West Virginia, and State of Wyoming. [24-1759] (ELM) [Entered: 10/04/2024 01:42 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae State of Alabama, State of Arkansas, State of Georgia, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of Virginia, State of West Virginia and State of Wyoming in support of Appellants. Served on 09/30/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/08/2024 . [24-1759] (AVN) [Entered: 10/01/2024 01:52 PM] |
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ORDER directing Amici Curiae State of Alabama, State of Arkansas, State of Georgia, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of Virginia, State of West Virginia and State of Wyoming to file a conforming brief. Brief due 10/07/2024 . [24-1759] (AVN) [Entered: 09/30/2024 11:12 AM]
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| NOTICE of appearance on behalf of Amici Curiae State of Alabama, State of Arkansas, State of Georgia, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Missouri, State of Mississippi, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of Virginia, State of West Virginia and State of Wyoming filed by Attorney Eric H. Wessan. Served on 09/30/2024. [24-1759] (EHW) [Entered: 09/30/2024 12:48 PM] |
| AMICUS CURIAE BRIEF tendered by States of Iowa, Alabama, Arkansas, Georgia, Louisiana, Kansas, Kentucky, Missouri, Mississippi, Montana, Nebraska, North Dakota, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming. [24-1759] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (EHW) [Entered: 09/30/2024 03:45 PM] |
| PLEADING tendered: Appendix [ # 6669415-2 ] filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC, and Triumph Foods, LLC. Number of volumes: 7 of 9. Number of copies: 5. [24-1759] (ELM) [Entered: 10/01/2024 04:56 PM] |
| AMICUS CURIAE BRIEF tendered by States of Iowa, Alabama, Arkansas, Georgia, Louisiana, Kansas, Kentucky, Missouri, Mississippi, Montana, Nebraska, North Dakota, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming. [24-1759] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (EHW) [Entered: 09/30/2024 04:28 PM] |
| AMICUS CURIAE BRIEF tendered by States of Iowa, Alabama, Arkansas, Georgia, Louisiana, Kansas, Kentucky, Missouri, Mississippi, Montana, Nebraska, North Dakota, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming. [24-1759] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (EHW) [Entered: 09/27/2024 11:26 AM] |
| NINE (9) paper copies of appellants' brief [ # 6669407-2 ] submitted by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. [24-1759] (ELM) [Entered: 09/26/2024 01:58 PM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Kimberly D. Ockene for Humane Society of the United States, Animal Legal Defense Fund, Animal Equality, Humane League, Farm Sanctuary, Compassion in World Farming USA and Animal Outlook. [24-1759] (AVN) [Entered: 09/24/2024 09:09 AM] |
| APPELLANTS' BRIEF filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Served on 09/20/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/30/2024 . Brief due 10/21/2024 for APPELLEES Andrea J. Campbell and Ashley Randle. [24-1759] (YCC) [Entered: 09/23/2024 04:59 PM] |
| APPENDIX filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Number of volumes: 9. Served on 09/20/2024. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 09/30/2024 . [24-1759] (YCC) [Entered: 09/23/2024 05:08 PM] |
| DISCLOSURE statement filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Served on 09/20/2024. [24-1759] (YCC) [Entered: 09/23/2024 08:56 PM] |
| APPENDIX tendered by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Served on 09/20/2024. [24-1759] (MTR) [Entered: 09/20/2024 06:38 PM] |
| BRIEF tendered by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. [24-1759] (MTR) [Entered: 09/20/2024 06:28 PM] |
| Mail returned as undeliverable to Attorney Kimberly D. Ockene for Not Parties Humane Society of the United States, Animal Legal Defense Fund, Animal Equality, Humane League, Farm Sanctuary, Compassion in World Farming USA and Animal Outlook. Copy of Notice issued on September 4, 2024. [24-1759] (NKR) [Entered: 09/30/2024 04:48 PM] |
| NOTICE of appearance on behalf of Not Parties Animal Equality, Animal Legal Defense Fund, Animal Outlook, Animal Rescue League of Boston, Compassion in World Farming USA, Farm Sanctuary, Humane League, Humane Society of the United States and MA Society for the Prevention of Cruelty to Animals filed by Attorney Bruce A. Wagman. Served on 09/18/2024. [24-1759] CLERK'S NOTE: Docket entry was edited to modify the docket text. (BAW) [Entered: 09/18/2024 05:21 PM] |
| NOTICE of appearance on behalf of Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC filed by Attorney Spencer Tolson. Served on 09/09/2024. [24-1759] (ST) [Entered: 09/09/2024 10:47 AM] |
| Mail returned as undeliverable to Attorney Kimberly D. Ockene for Not Parties Humane Society of the United States, Animal Legal Defense Fund, Animal Eqaulity, Humane League, Farm Sanctuary, Compassion in World Farming USA and Animal Outlook. Copy of case opening notice entered August 19, 2024. Forwarded to Humane Society of the United States 1255 23rd St. NW, Suite 450 Washington, DC 20037. [24-1759] (ATC) [Entered: 09/09/2024 09:29 AM] |
| NOTICE of appearance on behalf of Not Party State of Iowa filed by Attorney Eric H. Wessan. Served on 09/05/2024. [24-1759] (EHW) [Entered: 09/05/2024 03:18 PM] |
| NOTICE issued. After 09/18/2024 , the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Kimberly D. Ockene for Humane Society of the United States, Animal Legal Defense Fund, Animal Eqaulity, Humane League, Farm Sanctuary, Compassion in World Farming USA and Animal Outlook. [24-1759] (AVN) [Entered: 09/04/2024 08:46 AM] |
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ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge: Plaintiffs-Appellants have filed a motion to expedite this appeal. Appellees oppose and ask in the alternative that they be permitted the full thirty days to file their response brief, a difference of two days from Appellants' proposed schedule. We have carefully considered the parties' filings. The motion is resolved as follows: (1) Appellants may file their opening brief on their intended date of September 20, 2024; (2) Appellees shall file their response brief within thirty days thereafter; (3) Appellants shall file their reply brief within ten days from the date appellees file their brief. Oral argument, if warranted, shall be promptly scheduled thereafter. Motions to extend these deadlines are discouraged. [24-1759] (AVN) [Entered: 08/29/2024 08:48 AM]
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| RESPONSE filed by Appellees Andrea J. Campbell and Ashley Randle to [ # 6663305-2 ]. Served on 08/27/2024. [24-1759] (VA) [Entered: 08/27/2024 05:00 PM] |
| NOTICE of appearance on behalf of Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC filed by Attorney Cynthia L. Cordes. Served on 08/23/2024. [24-1759] (CC) [Entered: 08/23/2024 04:01 PM] |
| DOCKETING statement filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Served on 08/23/2024. [24-1759] (RG) [Entered: 08/23/2024 03:58 PM] |
| NOTICE of appearance on behalf of Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC filed by Attorney Ryann A. Glenn. Served on 08/23/2024. [24-1759] (RG) [Entered: 08/23/2024 03:57 PM] |
| NOTICE of appearance on behalf of Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC filed by Attorney Michael T. Raupp. Served on 08/23/2024. [24-1759] (MTR) [Entered: 08/23/2024 04:07 PM] |
| MOTION to expedite filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Served on 08/23/2024. [24-1759] (MTR) [Entered: 08/23/2024 04:15 PM] |
| TRANSCRIPT report/order form filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC indicating all necessary transcripts have already been filed in district court. Served on 08/23/2024. [24-1759] (MTR) [Entered: 08/23/2024 04:14 PM] |
| DISCLOSURE statement filed by Appellants Allied Producers' Cooperative, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC, Triumph Foods, LLC and Christensen Farms Midwest, LLC. Served on 08/23/2024. [24-1759] (MTR) [Entered: 08/23/2024 04:09 PM] |
| NOTICE of appearance on behalf of Appellees Ashley Randle and Andrea J. Campbell filed by Attorney Vanessa A. Arslanian. Served on 08/20/2024. [24-1759] (VA) [Entered: 08/20/2024 08:34 AM] |
| NOTICE of appearance on behalf of Appellees Andrea J. Campbell and Ashley Randle filed by Attorney Grace Gohlke. Served on 08/20/2024. [24-1759] (GG) [Entered: 08/20/2024 09:38 AM] |
| NOTICE of appearance on behalf of Appellees Ashley Randle and Andrea J. Campbell filed by Attorney Maryanne Reynolds. Served on 08/20/2024. [24-1759] (MR) [Entered: 08/20/2024 07:57 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #173) filed by Appellants Allied Producers' Cooperative, Christensen Farms Midwest, LLC, Eichelberger Farms, Inc., Hanor Company of Wisconsin, LLC, New Fashion Pork, LLC and Triumph Foods, LLC. Appearance form, Docketing Statement, and Transcript Report/Order form due 09/03/2024 . [24-1759] (AVN) [Entered: 08/19/2024 04:05 PM] |
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