United States of America v. United States Sugar Corporation et al
| United States of America |
| United States Sugar Corporation, United Sugars Corportation, Imperial Sugar Company, Louis Dreyfus Company LLC and United Sugars Corporation |
| 1:2021cv01644 |
| November 23, 2021 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Anti-Trust |
| 15 U.S.C. § 25 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.
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Filing 79
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Indiana Sugars, Inc. filed by United States Sugar Corporation.(Egan, Brian)
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Filing 78
NOTICE OF SERVICE of Plaintiff United States' Supplemental Responses to Defendants' First Set of Interrogatories filed by United States of America.(Hanna, Brian)
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Filing 77
NOTICE of Appearance by Curtis Strong on behalf of United States of America (Strong, Curtis)
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Filing 76
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Archer-Daniels-Midland Company, Evergreen Sweeteners, Inc., Industrial Commodities, Inc., International Food Products, Inc., and Pullman Sugar, LLC filed by United States Sugar Corporation.(Egan, Brian)
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Filing 75
NOTICE OF SERVICE of Defendants' Preliminary Fact Witness List filed by United States Sugar Corporation.(Blumenfeld, Jack)
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Filing 74
ORDER re #73 Memorandum Opinion DENYING #13 Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a). Signed by Judge Maryellen Noreika on 1/11/2022. (dlw)
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Filing 73
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 1/11/2022. (dlw)
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Filing 72
ANSWER by all defendants to #1 Complaint by United States Sugar Corporation.(Blumenfeld, Jack) Modified on 1/11/2022 (dlw).
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Pro Hac Vice Attorneys Molly M. Barron, Lindsey S. Champlin, Jennifer L. Giordano, and David L. Johnson for United States Sugar Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (#daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 1/10/2022. (Taylor, Daniel)
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Filing 71
NOTICE OF SERVICE of Plaintiff United States' Responses and Objections to Defendants' First Set of Requests for Production of Documents, Plaintiff United States' Responses and Objections to Defendants' First Set of Interrogatories, and Plaintiff United States' Responses and Objections to Defendants' Second Set of Requests for Production of Documents filed by United States of America.(Hanna, Brian)
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Filing 70
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 2/25/2022. Opening Expert Reports due by 2/28/2022. Rebuttal Expert Reports due by 3/14/2022. Reply Expert Reports due by 3/25/2022. Expert Discovery due by 3/31/2022. A Pretrial Conference is set for 4/4/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Bench Trial is set for 4/11/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 1/7/2022. (dlw)
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Filing 69
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to National Confectioners Association and Sweeteners Users Association filed by United States Sugar Corporation.(Egan, Brian)
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Filing 68
MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Giordano, Lindsey S. Champlin, Molly M. Barron, David L. Johnson and Christopher S. Yates - filed by United States Sugar Corporation. (Blumenfeld, Jack)
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Filing 67
Joint Letter to The Honorable Maryellen Noreika from AUSA Shamoor Anis regarding CONCISE JOINT LETTER - re 61 Oral Order,,. (Anis, Shamoor)
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SO ORDERED re #68 MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Giordano, Lindsey S. Champlin, Molly M. Barron, David L. Johnson and Christopher S. Yates filed by United States Sugar Corporation. ORDERED by Judge Maryellen Noreika on 1/7/2022. (dlw)
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Pro Hac Vice Attorney Daniel K. Zach for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
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Filing 66
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Florida Sugar & Molasses Exchange, Inc, L&S Sweeteners, Pullman Sugar, LLC, Sugar Services, LLC, and Sweeteners Plus, LLC filed by United States Sugar Corporation.(Egan, Brian)
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Filing 65
NOTICE OF SERVICE of Responses and Objections of Defendants Louis Dreyfus Company LLC and Imperial Sugar Company to Plaintiffs First Set of Requests for Production filed by Imperial Sugar Company, Louis Dreyfus Company LLC.(Farnan, Kelly)
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Filing 64
NOTICE OF SERVICE of Objections and Responses to Plaintiff's First Request for Production of Documents filed by United Sugars Corporation.(Hogan, Daniel)
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Filing 63
NOTICE OF SERVICE of Objections and Responses to Plaintiff's First Request for Production of Documents filed by United States Sugar Corporation.(Egan, Brian)
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Filing 62
MOTION for Pro Hac Vice Appearance of Attorney Daniel K. Zach - filed by Imperial Sugar Company, Louis Dreyfus Company LLC. (Farnan, Kelly)
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Filing 61
ORAL ORDER re #58 Joint MOTION for Scheduling Order - IT IS HEREBY ORDERED that, on or before January 7, 2022, the parties shall file a CONCISE JOINT LETTER indicating which provisions of the proposed scheduling order deviate from the Court's form scheduling order. For any provision that differs from the Court's usual practice, the parties shall explain the reason for the difference. To be clear, the Court is only seeking a concise statement of the rationale for modifying the form provision; the Court is not inviting argument from any party on the proposed differences. ORDERED by Judge Maryellen Noreika on 1/6/2022. (dlw)
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Filing 60
Letter to The Honorable Maryellen Noreika from Jack B. Blumenfeld regarding proposed scheduling order - re #58 Joint MOTION for Scheduling Order . (Blumenfeld, Jack)
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CORRECTING ENTRY: D.I. 58 has been replaced on the docket. The motion now contains signatures for all parties. (dlw)
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SO ORDERED re #62 MOTION for Pro Hac Vice Appearance of Attorney Daniel K. Zach filed by Louis Dreyfus Company LLC, Imperial Sugar Company. ORDERED by Judge Maryellen Noreika on 1/6/2022. (dlw)
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Filing 59
Letter to The Honorable Maryellen Noreika from Brian Hanna (representing the United States) regarding D.I. 58 Proposed Scheduling Order - re #58 Joint MOTION for Scheduling Order . (Hanna, Brian)
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Filing 58
Joint MOTION for Scheduling Order - filed by United States of America. (Hanna, Brian) (Main Document 58 replaced on 1/6/2022) (dlw).
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Filing 57
NOTICE OF SERVICE of Subpoena filed by United States of America. (Attachments: #1 Exhibit Subpoena)(Taticchi, Jessica)
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Filing 56
NOTICE OF SERVICE of Subpoenas filed by United States of America. (Attachments: #1 Exhibit subpoenas)(Ptacek, Jill)
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Filing 55
NOTICE OF SERVICE of Subpoenas filed by United States of America.(Taticchi, Jessica)
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Filing 54
NOTICE OF SERVICE of (1) Notice of Third-Party Subpoenas to Mars, Inc. and The Coca-Cola Company and (2) Notice of Third-Party Subpoena to Nestle USA, Inc. filed by United States Sugar Corporation.(Egan, Brian)
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Filing 53
NOTICE OF SERVICE of Subpoenas filed by United States of America.(Taticchi, Jessica)
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Filing 52
NOTICE OF SERVICE of Subpoenas filed by United States of America.(Ptacek, Jill)
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Filing 51
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Chattanooga Bakery, Inc, General Mills, Inc., Kens Foods, Inc., Kings Hawaiian Holding Co, Inc., Krispy Kreme, Inc., PepsiCo, Inc., Piedmont Candy Company, Inc., The Hershey Company, The J.M. Smucker Company, and The Kraft Heinz Company filed by United States Sugar Corporation.(Egan, Brian)
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Filing 50
STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 1/3/2022. (dlw)
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Filing 49
NOTICE OF SERVICE of Defendants' Second Set of Requests for Production of Documents to Plaintiff United States of America: Directed to United States Department of Agriculture filed by United States Sugar Corporation.(Egan, Brian)
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Filing 48
NOTICE OF SERVICE of Notice of Third-Party Subpoena to Rio Grande Valley, Sugar Growers, Inc. filed by United States Sugar Corporation.(Egan, Brian)
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Filing 47
NOTICE OF SERVICE of Subpoenas filed by United States of America.(Taticchi, Jessica)
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Filing 46
NOTICE OF SERVICE of Subpoenas filed by United States of America.(Ptacek, Jill)
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Filing 45
NOTICE OF SERVICE of (1) Defendants' First Set of Requests for Production of Documents to Plaintiff United States of America and (2) Defendants' First Set of Interrogatories to Plaintiff United States of America filed by United States Sugar Corporation.(Egan, Brian)
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Filing 44
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Brill Bakery Solutions LLC (f/k/a CSM Bakery Solutions LLC), Danone North America Public Benefit Corporation, and McKee Foods Corporation filed by United States Sugar Corporation.(Egan, Brian)
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Filing 43
NOTICE OF SERVICE of First Request of Production of Documents on Defendants Imperial Sugar Company, United States Sugar Corporation, and United Sugars Corporation filed by United States of America.(Hanna, Brian)
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Filing 42
NOTICE OF SERVICE of Notice of Third-Party Subpoenas filed by United States Sugar Corporation.(Egan, Brian)
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Filing 41
PROPOSED ORDER -- Protective Order -- by United States Sugar Corporation. (Blumenfeld, Jack)
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Filing 40
NOTICE OF SERVICE of Notice of Third-Party Subpoenas to Atlantic Ingredients, Batory Foods Inc., CSC Sugar LLC, Michigan Sugar Company, National Sugar Marketing Cooperative, Inc., Southern Minnesota Beet Sugar Cooperative, Sucden Americas Corporation, Sucro Can Sourcing LLC, Sweetener Supply Corporation, The Amalgamated Sugar Company LLC, Western Sugar Cooperative, and Zucrum Foods LLC filed by United States Sugar Corporation.(Egan, Brian)
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Filing 39
NOTICE of Withdrawal of Appearance of Timothy J. Pabst and Sharon R. Markowitz by United Sugars Corporation (Hogan, Daniel)
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Filing 38
Official Transcript of Teleconference held on 12/15/21 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/18/2022. (Triozzi, Heather)
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Filing 37
REPLY BRIEF re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia filed by United States Sugar Corporation. (Blumenfeld, Jack)
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Filing 36
REDACTED VERSION of #33 Exhibit to a Document by United States of America. (Ptacek, Jill)
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CORRECTING ENTRY: D.I. 36 and 37 have been deleted from the docket at the request of counsel. (dlw)
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Pro Hac Vice Attorney Peter J. Schwingler for United Sugars Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 12/15/2021. The parties shall follow the Court's directives as discussed. The transcript shall serve as the Court's ruling. (Court Reporter Dale Hawkins.) (asw)
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Filing 35
MOTION for Pro Hac Vice Appearance of Attorney Peter J. Schwingler - filed by United Sugars Corporation. (Hogan, Daniel)
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Filing 34
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Telephone Conference is set for 12/15/2021 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 12/14/2021. (dlw)
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CORRECTING ENTRY: D.I. 33 through 40 have been deleted from the docket and re-filed as one document containing all SEALED exhibits. (dlw)
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SO ORDERED re #31 MOTION for Pro Hac Vice Appearance of Attorney Peter Barbur, Timothy Cameron, David Marriott, and Christine Varney filed by Louis Dreyfus Company LLC, Imperial Sugar Company. ORDERED by Judge Maryellen Noreika on 12/14/2021. (dlw)
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Pro Hac Vice Attorneys Timothy G. Cameron, Peter T. Barbur, Christine A. Varney, and David R. Marriott for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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SO ORDERED re #35 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Schwingler filed by United Sugars Corporation. ORDERED by Judge Maryellen Noreika on 12/14/2021. (dlw)
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Pro Hac Vice Attorney David R. Marriott for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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Filing 33
[SEALED] EXHIBITS 1-6, 18-19 re #32 Declaration by United States of America. (dlw)
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Filing 32
DECLARATION of Jill Ptacek re #30 Answering Brief in Opposition by United States of America. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 16, #11 Exhibit 17, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22)(Ptacek, Jill) Modified on 12/14/2021 (dlw).
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Filing 31
MOTION for Pro Hac Vice Appearance of Attorney Peter Barbur, Timothy Cameron, David Marriott, and Christine Varney - filed by Imperial Sugar Company, Louis Dreyfus Company LLC. (Farnan, Kelly)
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Filing 30
ANSWERING BRIEF in Opposition re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia filed by United States of America.Reply Brief due date per Local Rules is 12/20/2021. (Mincer, Jonathan)
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Filing 29
NOTICE of Appearance by Jill Ptacek on behalf of United States of America (Ptacek, Jill)
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Filing 28
NOTICE of Appearance by Chinita M. Sinkler on behalf of United States of America (Sinkler, Chinita)
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Filing 27
NOTICE of Appearance by Jenigh Garrett on behalf of United States of America (Garrett, Jenigh)
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Filing 26
NOTICE of Appearance by Jessica Taticchi on behalf of All Plaintiffs (Taticchi, Jessica)
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Filing 25
NOTICE of Appearance by Jonathan Yakov Mincer on behalf of All Plaintiffs (Mincer, Jonathan)
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Filing 24
NOTICE of Appearance by John R Thornburgh, II on behalf of United States of America (Thornburgh, John)
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Filing 23
Letter to The Honorable Maryellen Noreika from Jack B. Blumenfeld regarding response to DOJ's letter - re #22 Letter. (Blumenfeld, Jack)
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Pro Hac Vice Attorneys Sharon R. Markowitz and Timothy J. Pabst for United Sugars Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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Filing 22
Letter to The Honorable Maryellen Noreika from Brian Hanna (representing the United States) regarding response to Defendants' letter (D.I. 20) and the Court's Oral Order (D.I. 21). (Hanna, Brian)
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Filing 21
ORAL ORDER re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia, #20 Letter - Having reviewed Defendants' letter, IT IS HEREBY ORDERED that the answering brief in opposition to the Motion to Transfer shall be filed on or before 12/13/2021 and the reply brief shall be filed on or before 12/17/2021. IT IS FURTHER ORDERED that, in the event the motion to transfer is denied, this Court will hold a bench trial the week of 4/11/2022. (Set Briefing Schedule: Answering Brief due 12/13/2021. Reply Brief due 12/17/2021). ORDERED by Judge Maryellen Noreika on 12/6/2021. (dlw)
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Filing 20
Letter to The Honorable Maryellen Noreika from Jack B. Blumenfeld regarding request for conference. (Blumenfeld, Jack)
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Pro Hac Vice Attorney Darryl Wade Anderson for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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Filing 19
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by United States Sugar Corporation. (Blumenfeld, Jack)
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Filing 18
DECLARATION of Robert H. Buker, Jr. re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia by United States Sugar Corporation. (Blumenfeld, Jack) Modified on 12/6/2021 (dlw).
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Filing 17
DECLARATION of Michael Gorrell re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia by United States Sugar Corporation. (Blumenfeld, Jack) Modified on 12/6/2021 (dlw).
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Filing 16
DECLARATION of Matthew Wineinger re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia by United States Sugar Corporation. (Blumenfeld, Jack) Modified on 12/6/2021 (dlw).
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Filing 15
DECLARATION of Lindsey Champlin re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia by United States Sugar Corporation. (Blumenfeld, Jack) Modified on 12/6/2021 (dlw).
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Filing 14
OPENING BRIEF in Support re #13 MOTION to Transfer Case to United States District Court for the Southern District of Georgia filed by United States Sugar Corporation.Answering Brief/Response due date per Local Rules is 12/17/2021. (Blumenfeld, Jack)
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Filing 13
MOTION to Transfer Case to United States District Court for the Southern District of Georgia - filed by United States Sugar Corporation. (Blumenfeld, Jack)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Timothy J. Pabst - filed by United Sugars Corporation. (Hogan, Daniel)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Sharon R. Markowitz - filed by United Sugars Corporation. (Hogan, Daniel)
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SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Darryl Wade Anderson, Vic Domen, and Amanda Wait filed by Louis Dreyfus Company LLC, Imperial Sugar Company. ORDERED by Judge Maryellen Noreika on 12/3/2021. (dlw)
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Pro Hac Vice Attorney Vic J. Domen, Jr. for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
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Pro Hac Vice Attorney Amanda Wait for Imperial Sugar Company and Louis Dreyfus Company LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Sharon R. Markowitz, #12 MOTION for Pro Hac Vice Appearance of Attorney Timothy J. Pabst filed by United Sugars Corporation. ORDERED by Judge Maryellen Noreika on 12/3/2021. (dlw)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Darryl Wade Anderson, Vic Domen, and Amanda Wait - filed by Imperial Sugar Company, Louis Dreyfus Company LLC. (Farnan, Kelly)
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Filing 9
WAIVER OF SERVICE returned executed by United States of America: For Louis Dreyfus Company LLC waiver sent on 11/26/2021, answer due 1/25/2022. (Hanna, Brian)
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Filing 8
WAIVER OF SERVICE returned executed by United States of America: For Imperial Sugar Company waiver sent on 11/26/2021, answer due 1/25/2022. (Hanna, Brian)
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Filing 7
WAIVER OF SERVICE returned executed by United States of America: For United Sugars Corportation waiver sent on 11/26/2021, answer due 1/25/2022. (Hanna, Brian)
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Filing 6
WAIVER OF SERVICE returned executed by United States of America: For United States Sugar Corporation waiver sent on 11/26/2021, answer due 1/25/2022. (Hanna, Brian)
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Amanda P. Reeves, Lawrence E. Buterman and Elyse M. Greenwald - filed by United States Sugar Corporation. (Blumenfeld, Jack)
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SO ORDERED re #5 MOTION for Pro Hac Vice Appearance of Attorney Amanda P. Reeves, Lawrence E. Buterman and Elyse M. Greenwald filed by United States Sugar Corporation. ORDERED by Judge Maryellen Noreika on 11/30/2021. (dlw)
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Pro Hac Vice Attorney Lawrence E. Buterman, Amanda P. Reeves, and Elyse M. Greenwald for United States Sugar Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (smg)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Filing 4
NOTICE of Appearance by Brian E. Hanna on behalf of All Plaintiffs (Hanna, Brian)
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Filing 3
Summonses Issued (please complete the top portion of the form and print out for use/service). (twk)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk)
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Filing 1
COMPLAINT filed against Imperial Sugar Company, Louis Dreyfus Company LLC, United States Sugar Corporation, United Sugars Corportation - Magistrate Consent Notice to Pltf. - filed by United States of America. (Attachments: #1 Civil Cover Sheet)(twk)
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