USA v. United States Sugar Corporation, et al
| UNITED STATES OF AMERICA |
| UNITED STATES SUGAR CORP, IMPERIAL SUGAR CO, LOUIS DREYFUS CO LLC and UNITED SUGARS CORP |
| AMERICAN ECONOMIC LIBERTIES PROJECT |
| 22-2806 |
| September 27, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Antitrust |
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| Filing 74 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Peter M. Bozzo, Esq. for Appellant USA. Certificate of Service dated 11/25/2022. Service made by ECF. [22-2806] (PMB) [Entered: 11/25/2022 04:06 PM] |
| Filing 73 HARD COPY RECEIVED from Appellees Imperial Sugar Co, Louis Dreyfus Co LLC, United States Sugar Corp and United Sugars Corp - Brief. Copies: 7. (IDR) [Entered: 11/25/2022 10:02 AM] |
| Filing 72 Attorney Bar status modified for Peter T. Barbur, Esq. for Imperial Sugar Co and Louis Dreyfus Co LLC. Status is now active. (TMK) [Entered: 11/23/2022 08:45 AM] |
| Filing 71 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Melissa Arbus Sherry, Esq. for Appellee United States Sugar Corp. Certificate of Service dated 11/22/2022. Service made by ECF. [22-2806] (MA) [Entered: 11/22/2022 05:44 PM] |
| Filing 70 ECF FILER: JOINT ELECTRONIC BRIEF on behalf of Appellees United States Sugar Corp, Imperial Sugar Co, Louis Dreyfus Co LLC and United Sugars Corp. Certificate of Service dated 11/21/2022 by ECF. [22-2806] - [Entry edited by the Clerk to reflect all filers]--[Edited 11/22/2022 by MS] (MA) [Entered: 11/21/2022 11:45 PM] |
Filing 69
ORDER (Clerk) The foregoing motions are referred to the merits panel. The Clerk will hold the unredacted version of Appellant's opening brief and Volumes VIII -XI of the joint appendix provisionally under seal pending a ruling by the Court. (EMA) [Entered: 11/21/2022 06:27 PM]
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| Filing 68 ECF FILER: ENTRY OF APPEARANCE from David R. Marriott on behalf of Appellee(s) Louis Dreyfus Company, LLC and Imperial Sugar Corporation. [22-2806] (KEF) [Entered: 11/21/2022 11:01 AM] |
| Filing 67 ECF FILER: ENTRY OF APPEARANCE from Peter T. Barbur on behalf of Appellee(s) Louis Dreyfus Company, LLC and Imperial Sugar Corporation. [22-2806] (KEF) [Entered: 11/21/2022 11:00 AM] |
| Filing 66 Calendared for Thursday, 01/19/2023. Calendar Clerk: PM. (PM) [Entered: 11/18/2022 03:04 PM] |
| Filing 65 HARD COPY RECEIVED from Amicus Appellant American Economic Liberties Project - Amicus Brief. Copies: 7. (LM) [Entered: 11/10/2022 12:03 PM] |
| Filing 64 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Amicus Appellant American Economic Liberties Project in support of Appellant/Petitioner. Certificate of Service dated 11/07/2022 by ECF. F.R.A.P. 29(a) Permission: YES. [22-2806]--[Edited 11/08/2022 by MS] (KV) [Entered: 11/07/2022 03:11 PM] |
| Filing 63 ECF FILER: ENTRY OF APPEARANCE from Lee A. Hepner on behalf of Amicus Curiae American Economic Liberties Project. [22-2806] (LH) [Entered: 11/07/2022 02:57 PM] |
| Filing 62 ECF FILER: DISCLOSURE STATEMENT on behalf of American Economic Liberties Project. [22-2806] (KV) [Entered: 11/07/2022 02:22 PM] |
| Filing 61 ECF FILER: ENTRY OF APPEARANCE from Katherine Van Dyck on behalf of Amicus Curiae American Economic Liberties Project. [22-2806] (KV) [Entered: 11/07/2022 02:16 PM] |
| Filing 60 [TRIAL EXHIBITS] on behalf of Appellant USA (Sealed and Unsealed). Location: Safe. SEND TO MERITS PANEL (EAF) [Entered: 11/04/2022 02:42 PM] |
| Filing 59 HARD COPY RECEIVED from Appellant USA - Joint Appendix. Copies: 4. Volumes: 11 (Volume I - VII - Redacted; Volumes VIII - XI - FILED UNDER SEAL) (EAF) [Entered: 11/04/2022 02:39 PM] |
| Filing 58 ECF FILER: LETTER from Attorney Peter M. Bozzo, Esq. for Appellant USA regarding certification of virus protection for USB flash drives. Certificate of Service dated 11/04/2022. Service made by ECF. [22-2806] (PMB) [Entered: 11/04/2022 02:31 PM] |
| Filing 57 HARD COPY RECEIVED from Appellant USA - Brief (FILED UNDER SEAL). Copies: 7. Received: 8. (KEL) [Entered: 11/04/2022 01:42 PM] |
| Filing 56 HARD COPY RECEIVED from Appellant USA - Redacted Brief. Copies: 7. Received: 8. (KEL) [Entered: 11/04/2022 01:41 PM] |
| Filing 55 AMENDED TEXT ONLY ORDER (Clerk) The Text Only Order entered on November 3, 2022 [ECF No. 54] is AMENDED as follows: Appellant's Uncontested Motion to Lodge a Portion of the Joint Appendix on Digital Media is GRANTED. Appellant must file four(4) separate U.S.B. flash drives containing the eight (8) trial exhibits, along with certification that the files on the flash drives have been subject to a virus detection program and that no viruses were detected, within seven (7) days of the date of this order. The certification does not need to be included on the flash drive but can be filed as a separate letter. Appellant must retrieve the exhibits within sixty (60) days of the conclusion of the appeal or the exhibits will be discarded. Appellant's Unopposed Motion for Leave to File the Joint Appendix Out of Time is GRANTED with filing as of November 1, 2022. Appellant's Unopposed Motion to Amend the Brief is GRANTED with filing as of November 1, 2022. Pursuant to the Court's September 30, 2022 Order, Appellees' brief must be filed and served no later than November 21, 2022. Appellant's reply brief, if any, must be filed and served no later than 12/05/2022., (ARR) [Entered: 11/04/2022 12:32 PM] |
| Filing 54 TEXT ONLY ORDER (Clerk) granting Appellant's Uncontested Motion to Lodge a Portion of the Joint Appendix on Digital Media. Appellant must file four(4) separate U.S.B. flash drives containing the eight (8) trial exhibits along with certification that the files on the flash drives have been subject to a virus detection program and that no viruses were detected within seven (7) days of the date of this order.The certification does not need to be included on the flash drive but can be filed as a separate letter. Appellant must retrieve the exhibits within sixty (60) days of the conclusion of the appeal or the exhibits will be discarded. Appellant's Unopposed Motion for Leave to File the Joint Appendix Out of Time is granted with filing as of November 1, 2022. Appellant's Unopposed Motion to Amend the Brief is granted with filing as of November 1, 2022. Appellees' briefs must be filed and served within thirty (30) days of the date of this order. ---[Edited 11/04/2022 by ARR: TEXT ONLY ORDER AMENDED ON 11/04/2022 to correct deadlines for Appellees' brief and Appellant's reply brief]. (DW) [Entered: 11/03/2022 04:39 PM] |
| Filing 53 ECF FILER: UNOPPOSED Motion filed by Appellant USA to file Joint Appendix out of time. Certificate of Service dated 11/02/2022. Service made by ECF. [22-2806] (PMB) [Entered: 11/02/2022 02:55 PM] |
| Filing 52 ECF FILER: REDACTED CORRECTED ELECTRONIC BRIEF on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [Modifier added] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:29 PM] |
| Filing 51 ECF FILER: SEALED CORRECTED ELECTRONIC BRIEF on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [22-2806] (PMB) [Entered: 11/01/2022 02:26 PM] |
| Filing 50 ECF FILER: UNOPPOSED Motion filed by Appellant USA to amend Appellant's Opening Brief. Certificate of Service dated 11/01/2022. Service made by ECF. [22-2806] (PMB) [Entered: 11/01/2022 02:18 PM] |
| Filing 49 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX (Volume XI) on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [Entry edited to specfiy volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:11 AM] |
| Filing 48 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX (Volume X) on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [Entry edited to specifiy volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:08 AM] |
| Filing 47 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX (Volume IX) on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:05 AM] |
| Filing 46 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX (Volume VIII) on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:03 AM] |
| Filing 45 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume VII) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:02 AM] |
| Filing 44 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume VI) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 02:00 AM] |
| Filing 43 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume V) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 01:58 AM] |
| Filing 42 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume IV) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 01:56 AM] |
| Filing 41 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume III) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 01:54 AM] |
| Filing 40 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume II) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 01:52 AM] |
| Filing 39 ECF FILER: ELECTRONIC JOINT APPENDIX (Volume I) on behalf of Appellant USA. Certificate of service dated 11/01/2022 by ECF. [Entry edited to specify volume] [22-2806]--[Edited 11/01/2022 by EMA] (PMB) [Entered: 11/01/2022 01:51 AM] |
| Filing 38 ECF FILER: REDACTED ELECTRONIC BRIEF on behalf of Appellant USA. Certificate of Service dated 11/01/2022 by ECF. [22-2806] (PMB) [Entered: 11/01/2022 12:56 AM] |
| Filing 37 ECF FILER: UNOPPOSED Motion filed by Appellant USA to lodge exhibits. Certificate of Service dated 11/01/2022. Service made by ECF. [22-2806] (PMB) [Entered: 11/01/2022 12:53 AM] |
| Filing 36 ECF FILER: UNOPPOSED Motion filed by Appellant USA to seal Portions of the Opening Brief and Joint Appendix. Certificate of Service dated 11/01/2022. Service made by ECF. SEND TO MERITS PANEL [22-2806]--[Edited 11/21/2022 by EMA] (PMB) [Entered: 11/01/2022 12:50 AM] |
| Filing 35 ECF FILER: SEALED ELECTRONIC BRIEF on behalf of Appellant USA. Certificate of Service dated 10/31/2022 by ECF. [22-2806] (PMB) [Entered: 10/31/2022 11:57 PM] |
| Filing 34 ECF FILER: UNOPPOSED Motion filed by Appellant USA to seal District Court's Sealed Memorandum Opinion. Certificate of Service dated 10/26/2022. Service made by ECF. SEND TO MERITS PANEL [22-2806]--[Edited 11/21/2022 by EMA] (PMB) [Entered: 10/26/2022 01:34 PM] |
| Filing 33 ECF FILER: ENTRY OF APPEARANCE from Peter J. Schwingler on behalf of Appellee(s) United Sugars Corporation. [22-2806] (DKH) [Entered: 10/17/2022 03:43 PM] |
| Filing 32 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Louis Dreyfus Co LLC. [22-2806] (KEF) [Entered: 10/14/2022 01:14 PM] |
| Filing 31 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Imperial Sugar Co. [22-2806] (KEF) [Entered: 10/14/2022 01:13 PM] |
| Filing 30 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant USA advising this court that transcripts are already on file in the District Court. [22-2806] (PMB) [Entered: 10/11/2022 02:21 PM] |
| Filing 29 ECF FILER: Concise Summary of the Case filed by Appellant USA. [22-2806] (PMB) [Entered: 10/11/2022 02:19 PM] |
| Filing 28 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant USA. [22-2806] (PMB) [Entered: 10/11/2022 02:15 PM] |
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Filing 27
ORDER (RESTREPO and PHIPPS, Circuit Judges) Appellant's emergency motion for an injunction pending appeal and for an administrative injunction pending adjudication of the motion is denied in its entirety. Appellees' motion to file a response that exceeds the word limit is granted. The following expedited briefing schedule shall apply to this appeal: Appellant's brief and appendix shall be filed and served no later than 10/31/2022; Appellees' brief shall be filed and served no later than 11/21/2022; Appellant's reply brief, if any, shall be filed and served no later than 12/05/2022. After briefing is complete, the case will be calendared before the next available merits panel.. Panel No.: ECO-055-E. RESTREPO, Authoring Judge. (JK) [Entered: 09/30/2022 12:26 PM]
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| Filing 26 ECF FILER: ENTRY OF APPEARANCE from Daniel K. Zach on behalf of Appellee(s) Louis Dreyfus Company, LLC; Imperial Sugar Corporation. [22-2806] (DKZ) [Entered: 09/30/2022 10:35 AM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Timothy G. Cameron on behalf of Appellee(s) Louis Dreyfus Company, LLC; Imperial Sugar Corporation. [22-2806]--[Edited 09/30/2022 by JK] (TGC) [Entered: 09/30/2022 10:18 AM] |
| Filing 24 ECF FILER: Reply by Appellant USA to for Injunction. Certificate of Service dated 09/30/2022. Service made by ECF [22-2806] (PMB) [Entered: 09/30/2022 09:34 AM] |
| Filing 23 ECF FILER: UNOPPOSED Motion filed by Appellee United States Sugar Corp to accept Appellees' Response to Emergency Motion for Injunction Pending Appeal that is in excess of word limit. Certificate of Service dated 09/29/2022. Service made by ECF. [22-2806] (MA) [Entered: 09/29/2022 04:14 PM] |
| Filing 22 ECF FILER: Response filed by Appellees United States Sugar Corp, Imperial Sugar Co, Louis Dreyfus Co, LLC and United Sugars Corp to the Appellant's Emergency Motion for Injunction. Certificate of Service dated 09/29/2022. [22-2806]--[Edited 09/29/2022 by JK] (MA) [Entered: 09/29/2022 03:56 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Christopher S. Yates on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (CSY) [Entered: 09/29/2022 02:51 PM] |
| Filing 20 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee United States Sugar Corp. [22-2806] (LEB) [Entered: 09/29/2022 12:01 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Charles S. Dameron on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (CD) [Entered: 09/29/2022 11:49 AM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from David L. Johnson on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (DLJ) [Entered: 09/29/2022 11:43 AM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Lindsey S. Champlin on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (LSC) [Entered: 09/29/2022 11:40 AM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Melissa Arbus Sherry on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (MA) [Entered: 09/29/2022 11:38 AM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Amanda P. Reeves on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (APR) [Entered: 09/29/2022 11:36 AM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Lawrence E. Buterman on behalf of Appellee(s) United States Sugar Corporation. [22-2806] (LEB) [Entered: 09/29/2022 11:33 AM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Kelly E. Farnan on behalf of Appellee(s) Imperial Sugar Company and Louis Dreyfus Company, LLC. [22-2806] (KEF) [Entered: 09/29/2022 11:14 AM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Jack B. Blumenfeld on behalf of Appellee(s) United States Sugar Corp.. [22-2806] (JBB) [Entered: 09/29/2022 10:58 AM] |
| Filing 11 TEXT ONLY ORDER (Clerk). Any response to the Emergency Motion for Injunction Pending Appeal and An Administrative Injunction Pending Adjudication of this Motion must be filed and served no later than 4 p.m. today. (KM) [Entered: 09/29/2022 10:40 AM] |
| Filing 10 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee United Sugars Corp. [22-2806] (DKH) [Entered: 09/29/2022 09:39 AM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Daniel K. Hogan on behalf of Appellee(s) United Sugars Corporation. [22-2806] (DKH) [Entered: 09/29/2022 09:36 AM] |
| Filing 8 ECF FILER: SEALED Motion filed by Appellant USA to seal sealed version of the District Court's opinion. Certificate of Service dated 09/29/2022. [22-2806] (PMB) [Entered: 09/29/2022 09:21 AM] |
| Filing 7 ECF FILER: Motion filed by Appellant USA for injunction. Certificate of Service dated 09/29/2022. Service made by ECF. [22-2806] (PMB) [Entered: 09/29/2022 09:17 AM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Peter M. Bozzo on behalf of Appellant(s) United States of America. [22-2806] (PMB) [Entered: 09/28/2022 11:05 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Nickolai G. Levin on behalf of Appellant(s) United States of America. [22-2806] (PMB) [Entered: 09/28/2022 11:05 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Daniel E. Haar on behalf of Appellant(s) United States of America. [22-2806] (PMB) [Entered: 09/28/2022 11:04 PM] |
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Filing 3
ORDER (Clerk) It is noted that the District Court memorandum opinion on appeal and other portions of this case are sealed in the District Court. Because it is sealed, the Clerk has not filed the District Court's memorandum opinion on this Court's docket. Any party who wishes to continue the seal must file a motion pursuant to 3d Cir. L.A.R. Misc. 106.1(c)(2) within thirty days of the date the notice of appeal was filed or the seal will be lifted and the memorandum opinion will be added to the docket without restriction. Any motion under 3d Cir. L.A.R. Misc. 106.1(c)(2) should specify the scope of the relief requested, including the basis for sealing and the desired duration of the sealing order. If any party intends to file other sealed documents with the Court during the appeal, the filing party must file an appropriate motion to seal, submit the documents separately, and title the filing as "SEALED." See 3d Cir. L.A.R. Misc. 106.1(a). The parties are directed to use the CM/ECF events preceded by the word SEALED whenever filing any documents which may contain sealed material. All hard copies of documents submitted to this Court should be properly labeled that they are SEALED and provided in a clearly marked envelope. (JK) [Entered: 09/27/2022 03:09 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (JK) [Entered: 09/27/2022 02:57 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant USA in District Court No. 1-21-cv-01644. (JK) [Entered: 09/27/2022 02:50 PM] |
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