Sanderson Farms, Inc., et al v. Amory Investments LLC, et al
| SANDERSON FARMS, INC., PERDUE FARMS, INCORPORATED, FOSTER FARMS, LLC, KOCH FOODS, HOUSE OF RAEFORD FARMS, INC., WAYNE FARMS LLC, NORMAN W. FRIES, INC., d/b/a/ Claxton Poultry Farms, SIMMONS FOODS, INC., HARRISON POULTRY, INC., CASE FOODS, INC., MOUNTAIRE FARMS, INC., O.K. FOODS, INCORPORATED and AGRI STATS, INC. |
| AMORY INVESTMENTS LLC, CAMPBELL SOUP COMPANY, CAMPBELL SOUP SUPPLY COMPANY, L.L.C., JOHN SOULES FOODS, INC., JOHN SOULES ACQUISITIONS LLC, SYSCO CORPORATION, TARGET CORPORATION, US FOODS, INC., AHOLD DELHAIZE USA, ALDI INC., CHICK-FIL-A, INC., BARTERS INTERNATIONAL LLC, ALABAMA JOE'S 2, INC., ABRAHAM DRUCKER and MAPLEVALE FARMS, INC. |
| 22-8007 |
| June 10, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 25
ORDER: 1. Petition for permission to appeal under rule 23(f), filed on June 10, 2022. 2. Opposition to petition for permission to appeal under rule 23(f), filed on 6/27/2022. 3. Motion for leave to file a sealed document, filed on 7/8/2022. The petition for permission to take an interlocutory appeal under Fed. R. Civ. P. 23(f) is DENIED. [ # 1 ] [ # 7 ] [ # 23 ] Diane S. Sykes, Chief Judge; Michael B. Brennan, Circuit Judge and Candace Jackson-Akiwumi, Circuit Judge. [25] [7248849] [22-8007] (FP) [Entered: 07/18/2022 02:28 PM]
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| FOR COURT USE ONLY: Certified copy of 07/18/2022 Miscellaneous Final Order sent to the District Court Clerk. [7248873-2] [7248873] [22-8007] (FP) [Entered: 07/18/2022 03:16 PM] |
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Filing 24
ORDER: Motion to seal opposition to petition for permission to appeal under rule 23(f), filed on 6/30/2022. 2. Response in opposition to petition for permission to appeal filed on 6/27/2022. 3. Response with sealed item to petition for permission to appeal under rule 23(f), filed on 6/30/2022. 4. Motion to file reply in support of petition for permission to appeal, filed on 7/8/2022. 5. Motion to seal reply in support of petition for permission to appeal under rule 23(f), filed on 7/8/2022. 6. Tendered redacted response with sealed item to petition for permission to appeal under rule 23(f), filed on 7/8/2022. The respondents Motion to seal their Opposition (#11) is GRANTED. The clerk of this court shall file the redacted version of the Opposition (#12) in the public record and shall maintain the unredacted version (#7) under seal. Further, the petitioners Motion to file reply is GRANTED. Finally, the petitioners Motion to seal their Reply is GRANTED. The clerk of this court shall file the redacted version of the Reply (#23) in the public record and shall maintain the unredacted version (tendered with #22) under seal. [ # 11 ] [ # 22 ] [ # 21 ] MRO [24] [7247495] [22-8007] (FP) [Entered: 07/11/2022 05:03 PM]
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| Filing 23 Filed redacted response with sealed item(s) by Petitioner Sanderson Farms, Inc. to Petition for Permission to Appeal Under Rule 23(f). [23][7247104] [22-8007]--[Edited 07/11/2022 by CMD to update text.] (Cottrell, Christa) [Entered: 07/08/2022 10:43 PM] |
| Filing 22 Motion by Petitioner Sanderson Farms, Inc. to seal Reply in Support of Petition for Permission to Appeal Under Rule 23(f). [22] [7247102] [22-8007] (Cottrell, Christa) [Entered: 07/08/2022 10:38 PM] |
| Filing 21 Motion filed by Petitioner Sanderson Farms, Inc. to file Reply in Support of Petition for Permission to Appeal Under Rule 23(f). [21] [7247101] [22-8007] (Cottrell, Christa) [Entered: 07/08/2022 10:15 PM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Adam J. Zapala for Fargo Stopping Center, LLC; Sargent's Restaurant and Lounge; Wildwood Tavern, LLC; Bodega Brew Pub, Inc.; Sullott Corporation;. Additional Parties: Chicken Joe's, LLC; Eat This, Inc. dba Some Like It Hot; Alpine Special Treatment Center, Inc.; Tennis Bums, LLC dba Alabama Joes; Alabama Joe's 2, Inc. dba Alabama Joes; Tani Sushi Bistro, LLC; France 44 Foods, Inc., Midtown Bar and Grill LLC, et al.. [20] [7246327] (L-Yes; E-Yes; R-No) [22-8007] [20] [7246327] [22-8007]--[Edited 07/06/2022 by HTP to reflect addition of counsel.] (Zapala, Adam) [Entered: 07/06/2022 01:07 PM] |
| Filing 19 Added Attorney(s) Bobby Pouya for party(s) Respondent Maplevale Farms, Inc., in case 22-8007 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Bobby Pouya for Maplevale Farms, Inc., John Gross and Company, Inc., Ferraro Foods, Inc., Ferraro Foods of North Carolina, LLC, Joe Christiana Food Distributors, Inc. and Cedar Farms Co., Inc.. [19] [7245978] (L-Yes; E-Yes; R-No) [22-8007]--[Edited 07/05/2022 by AD to reflect the addition of counsel.] (Pouya, Bobby) [Entered: 07/05/2022 11:23 AM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel L. Warshaw for Maplevale Farms, Inc., John Gross and Company, Inc., Ferraro Foods, Inc., Ferraro Foods of North Carolina, LLC, Joe Christiana Food Distributors, Inc. and Cedar Farms Co., Inc.. [18] [7245971] (L-Yes; E-Yes; R-No) [22-8007] [18] [7245971] [22-8007]--[Edited 07/05/2022 by HTP to reflect addition of counsel.] (Warshaw, Daniel) [Entered: 07/05/2022 11:17 AM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Clifford H. Pearson for Maplevale Farms, Inc., John Gross and Company, Inc., Ferraro Foods, Inc., Ferraro Foods of North Carolina, LLC, Joe Christiana Food Distributors, Inc. and Cedar Farms Co., Inc.. [17] [7245838] (L-Yes; E-Yes; R-No) [22-8007] [17] [7245838] [22-8007]--[Edited 07/05/2022 by HTP to reflect addition of counsel.] (Pearson, Clifford) [Entered: 07/01/2022 06:17 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael P. Mayer for Petitioner Norman W. Fries, Inc.. [16] [7245810] (L-No; E-Yes; R-No) [22-8007]--[Edited 07/01/2022 by FP to reflect that atty. Mayer is added to the docket.] (Mayer, Michael) [Entered: 07/01/2022 04:01 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James Franklin Herbison for Petitioner Norman W. Fries, Inc.. [15] [7245794] (L-Yes; E-Yes; R-No) [22-8007] (Herbison, James) [Entered: 07/01/2022 03:33 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel E. Laytin for Petitioner Sanderson Farms, Inc.. Additional Parties: Sanderson Farms, Inc. (Foods Division); Sanderson Farms, Inc. (Production Division); Sanderson Farms, Inc. (Processing Division). [14] [7245559] (L-No; E-No; R-No) [22-8007] (Laytin, Daniel) [Entered: 06/30/2022 06:54 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christa C. Cottrell for Petitioner Sanderson Farms, Inc.. Additional Parties: Sanderson Farms, Inc. (Foods Division); Sanderson Farms, Inc. (Production Division); Sanderson Farms, Inc. (Processing Division). [13] [7245558] (L-Yes; E-Yes; R-Yes) [22-8007]--[Edited 07/01/2022 by FP to reflect that atty. Cottrell is added to the docket and termed atty. Clement.] (Cottrell, Christa) [Entered: 06/30/2022 06:50 PM] |
| Filing 12 Filed Response with sealed item(s) by Respondent Amory Investments LLC to Petition for Permission to Appeal Under Rule 23(f). [12][7245395] [22-8007] (Berman, Steve) [Entered: 06/30/2022 11:16 AM] |
| Filing 11 Motion by Respondent Amory Investments LLC to seal Opposition to Petition for Permission to Appeal Under Rule 23(f). [11] [7245391] [22-8007] (Berman, Steve) [Entered: 06/30/2022 11:08 AM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lawrence H. Heftman for Petitioner Mountaire Farms, Inc.. [10] [7245302] (L-Yes; E-Yes; R-No) [22-8007] (Heftman, Lawrence) [Entered: 06/29/2022 04:45 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gregory G. Wrobel for Petitioner House of Raeford Farms, Inc.. [9] [7245157] (L-Yes; E-Yes; R-No) [22-8007] (Wrobel, Gregory) [Entered: 06/29/2022 10:03 AM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Patricia Gorham for Petitioner Harrison Poultry, Inc.. [8] [7245121] (L-Yes; E-Yes; R-No) [22-8007] (Gorham, Patricia) [Entered: 06/29/2022 08:44 AM] |
| Filing 7 Filed Response in Opposition by Respondent Amory Investments LLC to PETITION FOR PERMISSION TO APPEAL UNDER RULE 23(f). [7][7244849] [22-8007] (Bruckner, W.) [Entered: 06/27/2022 09:35 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steve W. Berman for Respondent Amory Investments LLC. [6] [7244848] (L-Yes; E-Yes; R-No) [22-8007] --[Edited 06/28/2022 by ER - added Attorney Steve W. Berman] (Berman, Steve) [Entered: 06/27/2022 08:01 PM] |
| Filing 5 Added Attorney(s) Thomas M. Staunton for party(s) Petitioner Case Foods, Inc., in case 22-8007 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas M. Staunton for Petitioner Case Foods, Inc.. for Case Farms, LLC and Case Farms Processing, Inc.. Additional Parties: Case Farms, LLC and Case Farms Processing, Inc.. [5] [7244727] (L-No; E-Yes; R-No) [22-8007]--[Edited 06/27/2022 by AD to reflect the addition of counsel.] (Staunton, Thomas) [Entered: 06/27/2022 02:52 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel M. Feeney for Petitioner Case Foods, Inc.. for Case Farms, LLC and Case Farms Processing, Inc.. Additional Parties: Case Farms, LLC and Case Farms Processing, Inc.. [4] [7244724] (L-Yes; E-Yes; R-No) [22-8007] (Feeney, Daniel) [Entered: 06/27/2022 02:47 PM] |
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Filing 3
ORDER re: Petition for permission to appeal under Rule 23(f). [ # 1 ] Counsel for the respondents shall file a response to the petition for permission to appeal under Fed. R. Civ. P. 23(f). The response is due by June 27, 2022. MRO [3] [7242616] [22-8007] (PS) [Entered: 06/15/2022 10:47 AM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: PETITIONERS: Perdue Foods LLC, Foster Poultry Farms, JCG Foods of Alabama LLC, JCG Foods of Georgia LLC, Koch Meat Co., Inc., O.K. Farms, Inc., O.K. Industries, Simmons Prepared Foods, Inc., Case Farms, LLC, Case Farms Processing, Inc., Mountaire Farms, LLC, Mountaire Farms of Delaware, Inc. RESPONDENTS: Direct Purchaser Plaintiffs: Cedar Farms Co., Inc. Ferraro Foods of North Carolina, LLC, Ferraro Foods, Inc., Joe Christiana Food Distributors, Inc., John Gross and Company, Inc., Maplevale Farms, Inc. Commercial and Institutional Indirect Purchaser Plaintiffs: Alliance Healthcare System, Inc., Alpine Special Treatment Center, Inc., Avanti Restaurant, Inc., Bashara & Company, LC dba J. Morgans Steakhouse, Bodega Brew Pub, Inc., Bordenaros Pizza, Inc. dba Bordenaros Pizza, Brix Tavern, LLC, Chicken Joes, LLC, Da Big Blue Enterprises Corp. dba Blue Tropix Bar & Grill & Da Big Kahuna Waikiki, Dalianos, Inc. dba Dalionos Eat This, Inc. dba Some Like It Hot, Eowyn, LLC dba Cabana Fargo Stopping Center, LLC, FB Mall, LLC dba Fat Bellys, Floersch IGA, Inc. dba Rays Apple Market, France 44 Foods, Inc., Legacy 5, LLC d/b/a Mr. Jims Pizza, Little Figs, Inc., dba Figaretti's Restaurant, Midtown Bar and Grill LLC, Mookies Southern Cuisine LLC, Oregano Italian, LLC dba Oregano Italian Kitchen, Panchos Taqueria, Inc. dba Panchos Taqueria, Peppers Grill & Bar, Inc., Roost Fried Chicken LLC, Sargents Restaurant and Lounge Sullott Corporation, Sumner Country Restaurant & Creamery LLC dba Kelleys Row Restaurant & Pub, Tani Sushi Bistro, LLC, Telavi Hospitality, Inc. dba Levante, Tennis Bums, LLC, dba Alabama Joes, Tic-Tac-O, and Wildwood Tavern LLC. End-User Consumer Plaintiffs: Alison Pauk, Angela Ashby, Catherine Senkle, Christina Hall, Christopher Gilbert, Daniel M. Percy, Dianne Spell, Dina Morris, Dorothy Monahan, Eric Thomas, Ian Adams, James Flasch, Jason Liebich, Joshua Madsen, Kenneth Cote, Kenneth Michael Pitre, Kristin Davis, Leslie and David Weidner, Linda Cheslow, Margo Stack, Marilyn Stangeland, Matthew Hayward, Michael Perry, Natalie Wilbur, Richard Heftel, Stephen Holt, and William David Marino. [2] [7242214] [22-8007] (AD) [Entered: 06/13/2022 04:30 PM] |
| Filing 1 Petition for Permission to appeal pursuant to F.R.C.P. 23(f) docketed. [1] [7242202] [22-8007]--[Edited 06/14/2022 by AD to reflect updated parties.] (AD) [Entered: 06/13/2022 04:13 PM] |
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