End User Consumer Plaintiff Class v. Agri Stats, Inc.
| END USER CONSUMER PLAINTIFF CLASS |
| AGRI STATS, INC. |
| 25-2298 |
| July 30, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Employee Retirement |
Docket Report
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| Filing 46 SEALED Deferred Appendix vol. V filed by Appellant End User Consumer Plaintiff Class. Per order. [46] [7500249] Paper copies due on 01/30/2026 [25-2298] (GW) [Entered: 01/23/2026 12:15 PM] |
| Filing 45 Filed Deferred Appendix vols. I - IV by Appellant End User Consumer Plaintiff Class. Per order. [45] [7500248] Paper copies due on 01/30/2026 [25-2298] (GW) [Entered: 01/23/2026 12:13 PM] |
| Filing 44 Appellant's reply brief filed by Appellant End User Consumer Plaintiff Class. Per order. Paper copies due on 01/30/2026. [44] [7500247] [25-2298] (GW) [Entered: 01/23/2026 12:10 PM] |
Filing 43
ORDER re: Plaintiff-appellant End-User Consumer Plaintiffs' motion to file deferred appendix volume 5 under seal. [ # 42 ], the motion is GRANTED. The clerk of this court shall file volume 5 of the tendered deferred appendix under seal (dkt no. 42-2) and shall file the submitted volumes 1-4 of the deferred appendix (dkt nos. 40, 41) in the public record. The parties shall file, by February 6, 2026, amended versions of their briefs that include citations to the deferred appendix. Except for changes to the citations and correction of any typographical errors, no other changes may be made to the briefs. SCR [43] [7500224] [25-2298] (CG) [Entered: 01/23/2026 11:30 AM]
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| Filing 42 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Deferred Appendix Volume 5. [42] NOTE: Access to this entry is limited to counsel of record. [7499036] [25-2298] (Berman, Steve) [Entered: 01/16/2026 06:19 PM] |
| Filing 41 Submitted Deferred Appendix by Steve W. Berman for Appellant End User Consumer Plaintiff Class. [41] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7499034] [25-2298] (Berman, Steve) [Entered: 01/16/2026 06:17 PM] |
| Filing 40 Submitted Deferred Appendix by Steve W. Berman for Appellant End User Consumer Plaintiff Class. [40] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7499033] [25-2298] (Berman, Steve) [Entered: 01/16/2026 06:15 PM] |
| Filing 39 Submitted appellant reply brief by Steve W. Berman for Appellant End User Consumer Plaintiff Class. [39] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7499032] [25-2298] (Berman, Steve) [Entered: 01/16/2026 06:08 PM] |
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Filing 38
ORDER re: Appellants motion to extend time to file reply brief, deferred appendix, and motion to seal (unopposed). The motion is GRANTED. The appellants reply brief, if any, the deferred appendix, and any renewed motion to seal are due on January 16, 2026. [ # 37 ] SCR [38] [7494014] [25-2298] (HTP) [Entered: 12/18/2025 04:19 PM]
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| Filing 37 Motion filed by Appellant End User Consumer Plaintiff Class to extend time to file Reply Brief, Deferred Appendix and Motion to Seal (Unopposed). [37] [7493869] [25-2298] (Berman, Steve) [Entered: 12/18/2025 12:15 PM] |
| Filing 36 Appellee's brief filed by Appellee Agri Stats, Inc.. Appellant's reply brief, if any, is due on or before 01/02/2026 for Appellant End User Consumer Plaintiff Class. [36] [7492693] [25-2298] (SK) [Entered: 12/15/2025 08:15 AM] |
| Filing 35 Re-Submitted appellee brief by WILLIAM L. MONTS III for Appellee Agri Stats, Inc.. [35] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7492674] [25-2298] (Monts, William) [Entered: 12/12/2025 04:53 PM] |
| Filing 34 Appellant's brief filed by Appellant End User Consumer Plaintiff Class, per order. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [34] [7492321] [25-2298] (SK) [Entered: 12/11/2025 03:23 PM] |
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Filing 33
ORDER re: 1. Appellant End-User Consumer Plaintiffs instanter motion to file opening brief and appendix volumes 2 to 22 temporarily under seal. 2. Response to motion to seal and motion to strike appendix or, in the alternative, defer unsealing. 3. Reply in support of appellant End-User Consumer Plaintiffs motion to file opening brief and appendix volumes 2 to 22 temporarily under seal and opposition to motion to strike appendix. [ # 16 ]. The request to file the tendered appendix is DENIED. The appellant, after consulting with appellee and any interested parties in the district court, shall submit a deferred appendix by January 5, 2026, that includes only the documents or portions of documents that are necessary to this courts review. The parties are encouraged to limit the supplemental appendix to the portions of documents cited in their briefs. See Cir. R. 30(b)(6), (e). Counsel is reminded that this court has access to the entire record, FED. R. APP. P. 30(b), and that any documents sealed in the district court and not included in an appendix will remain sealed in the district court, see Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 548 (7th Cir. 2002). The request to seal is DENIED without prejudice to renewal with the deferred appendix. Any volumes of the appendix that contain documents that the parties seek to seal must be tendered with a redacted copy for the public record or the appellant must otherwise separate those documents that may be filed publicly from those the parties wish to seal. See In re Krynicki, 983 F.2d 74 (7th Cir. 1992) (Easterbrook, J., in chambers). The renewed motion must also identify the specific legal basis for maintaining under seal each document that the parties propose be sealed. See Baxter, 297 F.3d at 548. After the appendix is filed, the parties will have an opportunity to amend their briefs to include citations to the deferred appendix. See FED. R. APP. P. 30(c)(2). Except for changes to the citations and correction of any typographical errors, no other changes may be made to the briefs. The deadline to file paper copies of the briefs and appendix will be set after the deferred appendix and any amended briefs are filed. No party has asked to seal any portion of the appellants opening brief or the appellees brief. Accordingly, the clerk shall file INSTANTER the tendered appellants brief and short appendix (docket no. 16-2). On December 8, 2025, the appellee submitted its response brief. Because the brief is procedurally deficient it will not be filed. Counsel for the appellee shall electronically resubmit, by no later than December 18, 2025, a brief that complies with the Federal Rules of Appellate Procedure and the local Circuit Rules. Specifically, the brief must include a disclosure statement directly after the cover page and before the table of contents. See Fed. R. App. P. 28(a)(1). SCR [33] [7492311] [25-2298] (CG) [Entered: 12/11/2025 02:59 PM]
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| Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney JUSTIN BERNICK for Appellee Agri Stats, Inc.. [32] [7492246] (L-Yes; E-Yes; R-No) [25-2298] [Edited 12/11/2025 by CG to reflect the addition of counsel.] (Bernick, Justin) [Entered: 12/11/2025 12:40 PM] |
| Filing 31 Submitted appellee brief by WILLIAM L. MONTS III for Appellee Agri Stats, Inc.. [31] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7491532] [25-2298] (Monts, William) [Entered: 12/08/2025 07:40 PM] |
| Filing 30 Filed Reply by Appellant End User Consumer Plaintiff Class to Appellant End-User Consumer Plaintiffs' Motion To File Opening Brief And Appendix Volumes 2 To 22 Temporarily Under Seal and Opposition To Motion To Strike Appendix. [30][7491119] [25-2298] (Berman, Steve) [Entered: 12/05/2025 12:46 PM] |
| Filing 29 Filed Response by Appellee Agri Stats, Inc. to PLAINTIFFS' MOTION TO SEAL. [29][7489967] [25-2298] (Monts, William) [Entered: 12/01/2025 06:06 PM] |
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Filing 28
ORDER re: Appellant End-User Consumer Plaintiffs' Instanter Motion to File Opening Brief and Appendix Volumes 2 to 22 Temporarily Under Seal. Any response to appellants motion or motion to seal any portion of appellants tendered brief and appendix must be filed by December 1, 2025. Any motion to seal must include reasons and authority in support. See Baxter Intl, Inc. v. Abbott Lab., 297 F.3d 544 (7th Cir. 2002). The parties shall send this order and other relevant information to any entity who may want to file a motion to seal. SCR [28] [7486939] [25-2298] (AD) [Entered: 11/13/2025 03:10 PM]
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| Filing 27 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel H. Silverman for Appellant End User Consumer Plaintiff Class. [27] [7486338] (L-No; E-No; R-No) [25-2298]--[Docket updated 11/10/2025 by JR to add Attorney Silverman.] (Silverman, Daniel) [Entered: 11/10/2025 04:48 PM] |
| Filing 26 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Benjamin D. Brown for Appellant End User Consumer Plaintiff Class. [26] [7486334] (L-No; E-No; R-No) [25-2298]--[Docket updated 11/10/2025 by JR to add Attorney Brown.] (Brown, Benjamin) [Entered: 11/10/2025 04:45 PM] |
| Filing 25 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brent W. Johnson for Appellant End User Consumer Plaintiff Class. [25] [7486330] (L-Yes; E-No; R-No) [25-2298]--[Docket updated 11/10/2025 by JR to add Attorney Johnson.] (Johnson, Brent) [Entered: 11/10/2025 04:38 PM] |
| Filing 24 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alison Deich for Appellant End User Consumer Plaintiff Class. [24] [7486324] (L-No; E-No; R-No) [25-2298]--[Docket updated 11/10/2025 by JR to add Attorney Deich.] (Deich, Alison) [Entered: 11/10/2025 04:34 PM] |
| Filing 23 Submitted Appendix by Steve W. Berman for Appellant End User Consumer Plaintiff Class. [23] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7486019] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:34 PM] |
| Filing 22 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [22] NOTE: Access to this entry is limited to counsel of record. [7486018] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:31 PM] |
| Filing 21 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [21] NOTE: Access to this entry is limited to counsel of record. [7486017] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:27 PM] |
| Filing 20 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [20] NOTE: Access to this entry is limited to counsel of record. [7486016] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:25 PM] |
| Filing 19 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [19] NOTE: Access to this entry is limited to counsel of record. [7486015] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:22 PM] |
| Filing 18 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [18] NOTE: Access to this entry is limited to counsel of record. [7486014] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:20 PM] |
| Filing 17 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [17] NOTE: Access to this entry is limited to counsel of record. [7486013] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:18 PM] |
| Filing 16 Instanter motion by Appellant End User Consumer Plaintiff Class to seal Plaintiff-Appellant's Opening Brief and Appendix Volumes 2-22. [16] NOTE: Access to this entry is limited to counsel of record. [7486012] [25-2298] (Berman, Steve) [Entered: 11/07/2025 09:13 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William L. Monts III for Appellee Agri Stats, Inc.. [15] [7480254] (L-Yes; E-Yes; R-No) [25-2298] (Monts, William) [Entered: 10/13/2025 03:12 PM] |
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Filing 14
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 13 ] Appellant's brief due on or before 11/07/2025 for End User Consumer Plaintiff Class. Appellee's brief due on or before 12/08/2025 for Agri Stats, Inc.. Appellant's reply brief, if any, is due on or before 12/29/2025 for Appellant End User Consumer Plaintiff Class. CDH [14] [7475689] [25-2298] (CG) [Entered: 09/18/2025 10:09 AM]
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| Filing 13 Motion filed by Appellant End User Consumer Plaintiff Class to extend time to file appellant brief. [13] [7475540] [25-2298] (Berman, Steve) [Entered: 09/17/2025 03:35 PM] |
| Filing 12 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney William L. Monts, III for Appellee Agri Stats, Inc. has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [12] [7471998] [25-2298] (LJ) [Entered: 09/02/2025 02:41 PM] |
| Filing 11 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Jacob D. Koering for Appellee Agri Stats, Inc. has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [11] [7471986] [25-2298] (LJ) [Entered: 09/02/2025 02:35 PM] |
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Filing 10
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 9 ] Appellant's brief due on or before 10/08/2025 for End User Consumer Plaintiff Class. Appellee's brief due on or before 11/07/2025 for Agri Stats, Inc.. Appellant's reply brief, if any, is due on or before 12/01/2025 for Appellant End User Consumer Plaintiff Class. CDH [10] [7470066] [25-2298] (CG) [Entered: 08/21/2025 01:30 PM]
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| Filing 9 Motion filed by Appellant End User Consumer Plaintiff Class to extend time to file appellant brief. [9] [7469936] [25-2298] (Berman, Steve) [Entered: 08/20/2025 04:13 PM] |
| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellant End User Consumer Plaintiff Class. [8] [7468597] [25-2298] (Berman, Steve) [Entered: 08/13/2025 11:45 AM] |
| Filing 7 Docketing Statement filed by Appellant End User Consumer Plaintiff Class. Prior or Related proceedings: Yes. 24-1030, 22-1858, 24-2387, 22-2889 [7] [7467108] [25-2298] (Berman, Steve) [Entered: 08/05/2025 04:33 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kevin K. Green for Appellant End User Consumer Plaintiff Class. [6] [7466748] (L-No; E-No; R-No) [25-2298]--[Edited 08/04/2025 by FP to reflect that atty. Green is added to the docket. ] (Green, Kevin) [Entered: 08/04/2025 02:48 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Breanna Van Engelen for Appellant End User Consumer Plaintiff Class. [5] [7466744] (L-No; E-Yes; R-No) [25-2298] (Van Engelen, Breanna) [Entered: 08/04/2025 02:44 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Shana E. Scarlett for Appellant End User Consumer Plaintiff Class. [4] [7466742] (L-No; E-Yes; R-No) [25-2298] (Scarlett, Shana) [Entered: 08/04/2025 02:42 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steve W. Berman for Appellant End User Consumer Plaintiff Class. [3] [7466741] (L-Yes; E-Yes; R-No) [25-2298] (Berman, Steve) [Entered: 08/04/2025 02:40 PM] |
| Filing 2 ENTRY REMOVED AS ENTERED IN ERROR. 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: APPELLEES Koch Foods Incorporated, JCG Foods of Alabama LLC, JCG Foods of Georgia LLC, and Koch Meat Co., Inc., Mountaire Farms, LLC, and Mountaire Farms of Delaware, Inc., O.K. Farms, Inc., and O.K. Industries, Inc., Perdue Foods LLC, Sanderson Farms, LLC, Sanderson Farms Foods, LLC, Sanderson Farms Production, LLC, Sanderson Farms Processing, LLC. [2] [7466003] [25-2298]--[Edited 08/14/2025 by JR to reflect that this appeal is only proceeding against Defendant-Appellee Agri Stats, Inc. The court's docket and caption have been updated accordingly.] (CG) [Entered: 07/30/2025 03:08 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant End User Consumer Plaintiff Class by 08/05/2025. Transcript information sheet due by 08/13/2025. Appellant's brief due on or before 09/08/2025 for End User Consumer Plaintiff Class. [1] [7465990] [25-2298] (CG) [Entered: 07/30/2025 02:47 PM] |
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