KORETOFF et al v. SCHAEFER
Plaintiff: NICK KORETOFF doing business as NICK KORETOFF RANCHES, SAM CABAL, CYNTHIA LASHBROOK doing business as RIVERDANCE FARMS, JOHN PRYOR, PAULA ECHABARNE doing business as MALLARD BEND FARMS, MARK MCAFFEE doing business as ORGANIC PASTURES, JOHN BAYER, DAN HYMAN doing business as D & S RANCHES, JOHN LARKIN doing business as LARKIN RANCH, STEPANIAN FARMS, INC., STAN BARTH, LESLIE BARTH doing business as STAN BARTH FARMS, VALLEY ALMOND HULLER INC. doing business as SHERMAN THOMAS RANCH, MICHAEL BARNARD doing business as BARNARD ORGANIC FARMS, HARMON BECKNER doing business as BECKNER FARMS, HENDRIK FEENSTRA doing business as RIVERVIEW ORCHARD, PURITY ORGANICS, INC., LYNN PEKAREK, JAMES E. BREMNER and VISTA LIVESTOCK COMPANY
Defendant: EDWARD SCHAFER and THOMAS J. VILSACK
Case Number: 1:2008cv01558
Filed: September 9, 2008
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 88888
Presiding Judge: Ellen S Huvelle
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. § 0608
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 19, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2013 Opinion or Order Filing 61 MANDATE of USCA (certified copy) as to #59 Notice of Appeal to DC Circuit Court, filed by JAMES E. BREMNER, JOHN BAYER, PAULA ECHABARNE, JOHN PRYOR, NICK KORETOFF, MARK MCAFFEE, VISTA LIVESTOCK COMPANY, #26 Notice of Appeal to DC Circuit Court, filed by JAMES E. BREMNER, CYNTHIA LASHBROOK, PAULA ECHABARNE, DAN HYMAN, STEPANIAN FARMS, INC., JOHN LARKIN, NICK KORETOFF, JOHN PRYOR, JOHN BAYER, MARK MCAFFEE, VISTA LIVESTOCK COMPANY ; ORDERED and ADJUDGED that the judgement of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. USCA Case Number 12-5075. (md, )
March 22, 2012 Opinion or Order USCA Case Number 12-5075 for #59 Notice of Appeal, filed by JAMES E. BREMNER, JOHN BAYER, PAULA ECHABARNE, JOHN PRYOR, NICK KORETOFF, MARK MCAFFEE, VISTA LIVESTOCK COMPANY. (td, )
March 19, 2012 Opinion or Order Filing 60 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #59 Notice of Appeal,. (jf, )
March 16, 2012 Opinion or Order Filing 59 NOTICE OF APPEAL as to #58 Order on Motion for Summary Judgment,, Order on Motion to Strike,,, #57 Memorandum & Opinion by JOHN BAYER, JAMES E. BREMNER, PAULA ECHABARNE, NICK KORETOFF, MARK MCAFFEE, JOHN PRYOR, VISTA LIVESTOCK COMPANY. Filing fee $ 455, receipt number 0090-2865911. Fee Status: Fee Paid. Parties have been notified. (Vetne, John)
January 18, 2012 Opinion or Order Filing 58 ORDER denying #46 Plaintiffs' Motion for Summary Judgment; granting #47 Defendant's Motion for Summary Judgment; and denying #48 Defendant's Motion to Strike, for the reasons stated in #57 the accompanying Memorandum Opinion. Signed by Judge Ellen S. Huvelle on January 18, 2012. (lcesh1)
January 18, 2012 Opinion or Order Filing 57 MEMORANDUM OPINION re #46 Plaintiffs' Motion for Summary Judgment, #47 Defendant's Motion for Summary Judgment, and #48 Defendant's Motion to Strike. Signed by Judge Ellen S. Huvelle on January 18, 2012. (lcesh1)
December 2, 2011 Opinion or Order Filing 56 ADMINISTRATIVE RECORD Rule 7(n) JA Excerpts by JOHN BAYER, JAMES E. BREMNER, PAULA ECHABARNE, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, JOHN PRYOR, STEPANIAN FARMS, INC., VISTA LIVESTOCK COMPANY. (Vetne, John)
November 18, 2011 Opinion or Order Filing 55 REPLY to opposition to motion re #48 MOTION to Strike #46 MOTION for Summary Judgment -- Appendix of Exhibits filed by TOM VILSACK. (Kneedler, Jennie)
November 18, 2011 Opinion or Order Filing 54 REPLY to opposition to motion re #47 MOTION for Summary Judgment filed by TOM VILSACK. (Kneedler, Jennie)
November 1, 2011 Opinion or Order Filing 52 Memorandum in opposition to re #48 MOTION to Strike #46 MOTION for Summary Judgment -- Appendix of Exhibits filed by JOHN BAYER, JAMES E. BREMNER, PAULA ECHABARNE, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, JOHN PRYOR, STEPANIAN FARMS, INC., VISTA LIVESTOCK COMPANY. (Vetne, John)
October 31, 2011 Opinion or Order Filing 53 REPLY in support of re #46 MOTION for Summary Judgment filed by MICHAEL BARNARD, LESLIE BARTH, STAN BARTH, JOHN BAYER, HARMON BECKNER, JAMES E. BREMNER, SAM CABAL, PAULA ECHABARNE, HENDRIK FEENSTRA, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, LYNN PEKAREK, JOHN PRYOR, PURITY ORGANICS, INC., STEPANIAN FARMS, INC., VALLEY ALMOND HULLER INC., VISTA LIVESTOCK COMPANY. (jf, ) (See Docket Entry #51 to view document) .
October 31, 2011 Opinion or Order Filing 51 Memorandum in opposition to re #47 MOTION for Summary Judgment and reply in support of Plaintiffs Motion for Summary Judgment filed by JAMES E. BREMNER, PAULA ECHABARNE, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, JOHN PRYOR, STEPANIAN FARMS, INC., VISTA LIVESTOCK COMPANY. (Attachments: #1 Text of Proposed Order)(Vetne, John)
October 17, 2011 Opinion or Order MINUTE ORDER granting #50 Unopposed Motion for Extension of Time to File Response/Reply re #47 MOTION for Summary Judgment: it is hereby ORDERED that the Scheduling Order for briefing on dispositive motions is amended as follows: (A) Briefs in response and reply to motions and memoranda filed by defendant on September 15, 2011, shall be filed by plaintiffs by October 31, 2011; (B) Reply briefing by defendant shall be due on November 18, 2011. Signed by Judge Ellen S. Huvelle on October 17, 2011. (AG)
October 14, 2011 Opinion or Order Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply on dispositive motions by JOHN BAYER, JAMES E. BREMNER, PAULA ECHABARNE, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, JOHN PRYOR, STEPANIAN FARMS, INC., VISTA LIVESTOCK COMPANY (Vetne, John)
September 16, 2011 Opinion or Order Filing 49 Memorandum in opposition to re #46 MOTION for Summary Judgment filed by EDWARD SCHAFER. (Kneedler, Jennie)
September 15, 2011 Opinion or Order Filing 48 MOTION to Strike #46 MOTION for Summary Judgment -- Appendix of Exhibits by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Kneedler, Jennie)
September 15, 2011 Opinion or Order Filing 47 MOTION for Summary Judgment by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Kneedler, Jennie) Modified to correct docket text on 9/16/2011 (jf, ).
August 8, 2011 Opinion or Order Filing 46 MOTION for Summary Judgment by JOHN BAYER, JAMES E. BREMNER, PAULA ECHABARNE, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, JOHN PRYOR, STEPANIAN FARMS, INC., VISTA LIVESTOCK COMPANY (Attachments: #1 Appendix Full Appendix - Table of Contents, #2 Appendix Appendix - Part I, #3 Appendix Appendix - Part II, #4 Appendix Appendix - Part III, #5 Appendix Appendix - Part IV, #6 Appendix Appendix - Part V)(Silber, Susan) Modified on 8/9/2011 to edit filers (dr).
July 28, 2011 Opinion or Order MINUTE ORDER granting #45 Motion for Leave to Appear Pro Hac Vice: it is hereby ORDERED that John Vetne is admitted pro hac vice for the purpose of appearing in the above-captioned matter. Signed by Judge Ellen S. Huvelle on July 28, 2011. (AG)
July 22, 2011 Opinion or Order Filing 45 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Vetne, :Address- PO Box 15, 311 George Cole Rd, New Portland, ME 04961. Phone No. - 207-628-2005. Fax No. - 301-891-2200 by MICHAEL BARNARD, LESLIE BARTH, STAN BARTH, JOHN BAYER, HARMON BECKNER, JAMES E. BREMNER, SAM CABAL, PAULA ECHABARNE, HENDRIK FEENSTRA, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, LYNN PEKAREK, JOHN PRYOR, PURITY ORGANICS, INC., EDWARD SCHAFER, STEPANIAN FARMS, INC., VALLEY ALMOND HULLER INC., VISTA LIVESTOCK COMPANY (Attachments: #1 Declaration LR 44.1(d))(Silber, Susan)
July 6, 2011 Opinion or Order Filing 44 Amended ANSWER to #9 First Amended Complaint by EDWARD SCHAFER.(Kneedler, Jennie) Modified on 7/7/2011 to add document link (jf, ).
June 27, 2011 Opinion or Order Filing 43 ADMINISTRATIVE RECORD by EDWARD SCHAFER. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17, #17 Part 18, #18 Part 19, #19 Part 20, #20 Part 21, #21 Part 22, #22 Part 23, #23 Part 24, #24 Part 25, #25 Part 26, #26 Part 27, #27 Part 28, #28 Part 29, #29 Part 30, #30 Part 31, #31 Part 32, #32 Part 33, #33 Part 34)(Kneedler, Jennie)
June 20, 2011 Opinion or Order MINUTE ORDER re #42 Order on Joint Motion for Scheduling Order: it is hereby ORDERED that the above-reference Order is modified; and it is further ORDERED that plaintiffs' opposition and reply shall be filed together by October 17, 2011. Signed by Judge Ellen S. Huvelle on June 20, 2011. (AG)
June 20, 2011 Opinion or Order MINUTE ORDER denying #41 Motion for Leave to Appear Pro Hac Vice: it is hereby ORDERED that the motion is DENIED WITHOUT PREJUDICE for failure to comply with the requirement of Local Civil Rule 83.2(d) that a motion by for leave to appear pro hac vice filed by a sponsoring member of the Bar of this Court must be "accompanied by a declaration by the non-member." Signed by Judge Ellen S. Huvelle on June 20, 2011. (AG)
June 17, 2011 Opinion or Order Filing 42 ORDER granting #40 Joint Motion for Scheduling Order. See order for details. Signed by Judge Ellen S. Huvelle on June 17, 2011. (AG)
June 17, 2011 Opinion or Order Filing 41 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John H. Vetne, :Address- 311 George Cole Rd., PO Box 15; New Portland, ME 04961. Phone No. - (207) 628-2005. Fax No. - (207) 628-2995 by MICHAEL BARNARD, LESLIE BARTH, STAN BARTH, JOHN BAYER, HARMON BECKNER, JAMES E. BREMNER, SAM CABAL, PAULA ECHABARNE, HENDRIK FEENSTRA, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, LYNN PEKAREK, JOHN PRYOR, PURITY ORGANICS, INC., STEPANIAN FARMS, INC., VALLEY ALMOND HULLER INC., VISTA LIVESTOCK COMPANY (Silber, Susan)
June 16, 2011 Opinion or Order Filing 40 Joint MOTION for scheduling order by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Kneedler, Jennie)
June 16, 2011 Opinion or Order Filing 39 ANSWER to #9 Amended Complaint, by EDWARD SCHAFER. Related document: #9 Amended Complaint, filed by MICHAEL BARNARD, CYNTHIA LASHBROOK, SAM CABAL, VALLEY ALMOND HULLER INC., HENDRIK FEENSTRA, HARMON BECKNER, STEPANIAN FARMS, INC., JOHN LARKIN, LESLIE BARTH, VISTA LIVESTOCK COMPANY, JAMES E. BREMNER, PAULA ECHABARNE, LYNN PEKAREK, DAN HYMAN, STAN BARTH, JOHN BAYER, JOHN PRYOR, NICK KORETOFF, MARK MCAFFEE, PURITY ORGANICS, INC..(Kneedler, Jennie)
May 18, 2011 Opinion or Order Filing 38 STATUS REPORT Agreed to by All Parties by EDWARD SCHAFER. (Attachments: #1 Text of Proposed Order)(Kneedler, Jennie)
May 18, 2011 Opinion or Order Filing 37 NOTICE OF SUBSTITUTION OF COUNSEL by Jennie Leah Kneedler on behalf of EDWARD SCHAFER Substituting for attorney Kyle Renee Freeny (Kneedler, Jennie)
May 18, 2011 Opinion or Order Filing 36 NOTICE of Appearance by Jennie Leah Kneedler on behalf of All Defendants (Kneedler, Jennie)
May 18, 2011 Opinion or Order MINUTE ORDER re #38 Status Report: Upon review of the Status Report filed on May 18, 2011, it is hereby ORDERED that the stay of proceedings in this case is hereby lifted; it is further ORDERED that Defendant shall file an Answer to Plaintiffs' First Amended Complaint on or before June 16, 2011; it is further ORDERED that the parties shall file a proposed case schedule containing remaining case deadlines on or before June 16, 2011. Signed by Judge Ellen S. Huvelle on May 18, 2011. (AG)
May 18, 2011 Opinion or Order Set/Reset Deadlines: Answer to plaintiffs' First Amended Complaint and parties proposed case shcedule containing remaining case deadline due by 6/16/2011. (gdf)
April 13, 2011 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Proposal for Further Proceedings. Parties' proposal is due on or before May 19, 2011. Signed by Judge Ellen S. Huvelle on April 13, 2011. (AG)
April 13, 2011 Opinion or Order Filing 34 Unopposed MOTION for Extension of Time to File Proposal for Further Proceedings by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Freeny, Kyle)
April 13, 2011 Opinion or Order Set/Reset Deadlines: Parties' proposal due by 5/19/2011. (gdf)
March 21, 2011 Opinion or Order Filing 33 ORDER granting #32 defendant's unopposed Motion to Extend Stay; proceedings stayed pending further order of the Court; proposal for further proceedings due by 4/19/2011. Signed by Judge Ellen S. Huvelle on March 21, 2011. (AG)
March 21, 2011 Opinion or Order Filing 32 Unopposed MOTION to Stay / Extend Stay of Proceedings by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Freeny, Kyle)
January 19, 2011 Opinion or Order Filing 31 NOTICE OF WITHDRAWAL OF APPEARANCE as to MICHAEL BARNARD, LESLIE BARTH, STAN BARTH, JOHN BAYER, HARMON BECKNER, JAMES E. BREMNER, SAM CABAL, PAULA ECHABARNE, HENDRIK FEENSTRA, DAN HYMAN, NICK KORETOFF, JOHN LARKIN, CYNTHIA LASHBROOK, MARK MCAFFEE, LYNN PEKAREK, JOHN PRYOR, PURITY ORGANICS, INC., STEPANIAN FARMS, INC., VALLEY ALMOND HULLER INC., VISTA LIVESTOCK COMPANY. Attorney Ryan K. Miltner terminated. (Miltner, Ryan)
January 14, 2011 Opinion or Order Filing 30 ORDER granting #29 defendant's Unopposed Motion to Stay Proceedings; proposal for further proceedings due by March 21, 2011. Signed by Judge Ellen S. Huvelle on January 14, 2011. (AG)
January 13, 2011 Opinion or Order Filing 29 Unopposed MOTION to Stay Proceedings by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Freeny, Kyle)
January 3, 2011 Opinion or Order Filing 28 MANDATE of USCA (certified copy) as to #26 Notice of Appeal, filed by JAMES E. BREMNER, CYNTHIA LASHBROOK, PAULA ECHABARNE, DAN HYMAN, STEPANIAN FARMS, INC., JOHN LARKIN, NICK KORETOFF, JOHN PRYOR, JOHN BAYER, MARK MCAFFEE, VISTA LIVESTOCK COMPANY ; ORDERED and ADJUDGED that the judgement of the District court appealed from in this cause is hereby affirmed in part and reversed in part, in accordance with the opinion of the court filed herein this date. USCA Case Number 09-5286. (ls, )
August 3, 2010 Opinion or Order Filing 27 USCA JUDGMENT (certified copy) as to #26 Notice of Appeal, filed by JAMES E. BREMNER, CYNTHIA LASHBROOK, PAULA ECHABARNE, DAN HYMAN, STEPANIAN FARMS, INC., JOHN LARKIN, NICK KORETOFF, JOHN PRYOR, JOHN BAYER, MARK MCAFFEE, VISTA LIVESTOCK COMPANY ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed in part and reversed in part, in accordance with the opinion of the court filed herein this date. (kb)
August 27, 2009 Opinion or Order USCA Case Number 09-5286 for #26 Notice of Appeal, filed by JAMES E. BREMNER, CYNTHIA LASHBROOK, PAULA ECHABARNE, DAN HYMAN, STEPANIAN FARMS, INC., JOHN LARKIN, NICK KORETOFF, JOHN PRYOR, JOHN BAYER, MARK MCAFFEE, VISTA LIVESTOCK COMPANY. (jf, )
August 17, 2009 Opinion or Order Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #26 Notice of Appeal, (jf, )
August 14, 2009 Opinion or Order Filing 26 NOTICE OF APPEAL as to #23 Order on Motion to Alter Judgment, #14 Order on Motion to Dismiss by MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., NICK KORETOFF, CYNTHIA LASHBROOK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, JOHN PRYOR, PAULA ECHABARNE. Filing fee $ 455, receipt number 00900000000001934756. Fee Status: Fee Paid. Parties have been notified. (Silber, Susan)
August 11, 2009 Opinion or Order Filing 25 NOTICE of Appearance by Susan Clare Silber on behalf of MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., NICK KORETOFF, SAM CABAL, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, JOHN PRYOR, PAULA ECHABARNE (Silber, Susan)
June 17, 2009 Opinion or Order Filing 24 MEMORANDUM OPINION re #16 motion of grower-retailer plaintiffs for reconsideration and #17 motion of almond grower plaintiffs for reconsideration. Signed by Judge Ellen S. Huvelle on 6/17/2009. (VT)
June 17, 2009 Opinion or Order Filing 23 ORDER denying #16 motion of grower-retailer plaintiffs for reconsideration and denying #17 motion of almond grower plaintiffs for reconsideration. Signed by Judge Ellen S. Huvelle on 6/17/2009. (VT)
April 24, 2009 Opinion or Order Filing 22 REPLY to opposition to motion re #17 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss filed by JOHN BAYER, JOHN LARKIN, STEPANIAN FARMS, INC., NICK KORETOFF, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, JOHN PRYOR, PAULA ECHABARNE. (Miltner, Ryan)
April 24, 2009 Opinion or Order Filing 21 REPLY to opposition to motion re #16 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss filed by MARK MCAFFEE, DAN HYMAN, SAM CABAL, VISTA LIVESTOCK COMPANY. (Miltner, Ryan)
April 9, 2009 Opinion or Order Set/Reset Deadlines: Reply due by 4/24/2009. (gdf)
April 7, 2009 Opinion or Order Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss, #17 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss by MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., NICK KORETOFF, SAM CABAL, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, JOHN PRYOR, PAULA ECHABARNE (Attachments: #1 Text of Proposed Order)(Miltner, Ryan)
April 7, 2009 Opinion or Order MINUTE ORDER granting #20 plaintiffs' Unopposed Motion for Extension of Time to File Reply Memoranda. Plaintiffs shall file their replies in support of (1) plaintiff grower-retailers' motion for reconsideration and (2) plaintiff growers' motion for reconsideration on or before April 24, 2009. Signed by Judge Ellen S. Huvelle on 4/7/2009. (VT)
April 3, 2009 Opinion or Order Filing 19 Memorandum in opposition to re #17 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss filed by EDWARD SCHAFER. (Freeny, Kyle)
April 1, 2009 Opinion or Order Filing 18 Memorandum in opposition to re #16 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss filed by EDWARD SCHAFER. (Freeny, Kyle)
March 20, 2009 Opinion or Order Filing 17 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss by JOHN BAYER, JOHN LARKIN, STEPANIAN FARMS, INC., NICK KORETOFF, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, JOHN PRYOR, PAULA ECHABARNE (Attachments: #1 Text of Proposed Order)(Miltner, Ryan)
March 18, 2009 Opinion or Order Filing 16 MOTION to Alter Judgment as to #15 Memorandum & Opinion, #14 Order on Motion to Dismiss by MARK MCAFFEE, DAN HYMAN, SAM CABAL, VISTA LIVESTOCK COMPANY (Attachments: #1 Exhibit Almond Board of California Handler List, #2 Exhibit Almond Board of California List of Handlers Selling to Consumers, #3 Declaration of Mark McAfee, #4 Text of Proposed Order)(Miltner, Ryan)
March 9, 2009 Opinion or Order Filing 15 MEMORANDUM OPINION re #10 defendant's motion to dismiss. Signed by Judge Ellen S. Huvelle on 3/9/2009. (VT)
March 9, 2009 Opinion or Order Filing 14 ORDER granting #10 defendant's Motion to Dismiss. Signed by Judge Ellen S. Huvelle on 3/9/2009. (VT)
January 21, 2009 Opinion or Order Filing 13 REPLY to opposition to motion re #10 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by EDWARD SCHAFER. (Freeny, Kyle)
January 9, 2009 Opinion or Order Filing 12 Memorandum in opposition to re #10 MOTION to Dismiss Plaintiffs' First Amended Complaint and Requesting Oral Hearing filed by MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., STAN BARTH, LESLIE BARTH, NICK KORETOFF, VALLEY ALMOND HULLER INC., MICHAEL BARNARD, HARMON BECKNER, HENDRIK FEENSTRA, PURITY ORGANICS, INC., SAM CABAL, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, JOHN PRYOR, PAULA ECHABARNE. (Attachments: #1 Exhibit Brief of Solicitor General in Block v Community Nutrition Institute, #2 Exhibit Reply Brief of Solicitor General in Block v Community Nutrition Institute, #3 Exhibit Order Granting Injunction in Select Milk Producers v Veneman, #4 Text of Proposed Order Proposed Order Denying Motion to Dismiss, #5 Text of Proposed Order Proposed Order on Request for Oral Hearing)(Miltner, Ryan)
December 22, 2008 Opinion or Order Set/Reset Deadlines: Response to motion to dismiss due by 1/9/2009 (gdf)
December 19, 2008 Opinion or Order Filing 11 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss Plaintiffs' First Amended Complaint by MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., STAN BARTH, LESLIE BARTH, NICK KORETOFF, VALLEY ALMOND HULLER INC., MICHAEL BARNARD, HARMON BECKNER, HENDRIK FEENSTRA, PURITY ORGANICS, INC., EDWARD SCHAFER, SAM CABAL, CYNTHIA LASHBROOK, LYNN PEKAREK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, JOHN PRYOR, PAULA ECHABARNE (Attachments: #1 Text of Proposed Order)(Miltner, Ryan)
December 19, 2008 Opinion or Order MINUTE ORDER granting #11 plaintiffs' Agreed Motion for Extension of Time. Plaintiffs shall file their opposition to defendant's motion to dismiss on or before January 9, 2009. Signed by Judge Ellen S. Huvelle on 12/19/2008. (VT)
December 8, 2008 Opinion or Order Filing 10 MOTION to Dismiss Plaintiffs' First Amended Complaint by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Freeny, Kyle)
December 5, 2008 Opinion or Order Filing 9 FIRST AMENDED COMPLAINT against EDWARD SCHAFER filed by LYNN PEKAREK, JAMES E. BREMNER, VISTA LIVESTOCK COMPANY, MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., STAN BARTH, LESLIE BARTH, NICK KORETOFF, VALLEY ALMOND HULLER INC., MICHAEL BARNARD, HARMON BECKNER, HENDRIK FEENSTRA, PURITY ORGANICS, INC., SAM CABAL, CYNTHIA LASHBROOK, JOHN PRYOR, PAULA ECHABARNE.(nmw, )
November 4, 2008 Opinion or Order Set/Reset Deadlines: Answer/Response to complaint due by 12/5/2008, (gdf)
November 3, 2008 Opinion or Order Filing 8 Unopposed MOTION for Extension of Time to File Response to Complaint by EDWARD SCHAFER (Attachments: #1 Text of Proposed Order)(Freeny, Kyle)
November 3, 2008 Opinion or Order Filing 7 NOTICE of Appearance by Kyle Renee Freeny on behalf of EDWARD SCHAFER (Freeny, Kyle)
November 3, 2008 Opinion or Order MINUTE ORDER granting #8 the Unopposed Motion for Enlargement of Time for Defendant to Respond to Plaintiffs' Complaint. Defendant shall file his response on or before December 5, 2008. Signed by Judge Ellen S. Huvelle on 11/3/2008. (VT)
October 21, 2008 Opinion or Order Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to (Miltner, Ryan)
October 21, 2008 Opinion or Order Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. EDWARD SCHAFER served on 9/29/2008, answer due 12/1/2008 (Miltner, Ryan) Modified on 10/22/2008 (jf, ).
October 21, 2008 Opinion or Order Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 09/30/2008. (Miltner, Ryan)
September 22, 2008 Opinion or Order Filing 3 ERRATA clarifying business name of Mark McAffee1 COMPLAINT by MARK MCAFFEE, PURITY ORGANICS, INC. #1 Complaint, filed by MICHAEL BARNARD, CYNTHIA LASHBROOK, SAM CABAL, VALLEY ALMOND HULLER INC., HENDRIK FEENSTRA, HARMON BECKNER, STEPANIAN FARMS, INC., JOHN LARKIN, LESLIE BARTH, PAULA ECHABARNE, DAN HYMAN, STAN BARTH, JOHN BAYER, JOHN PRYOR, NICK KORETOFF, MARK MCAFFEE, PURITY ORGANICS, INC.. (Miltner, Ryan) Modified on 9/23/2008 (jf, ).
September 9, 2008 Opinion or Order Filing 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by STEPANIAN FARMS, INC., VALLEY ALMOND HULLER INC., PURITY ORGANICS, INC. (jf, )
September 9, 2008 Opinion or Order Filing 1 COMPLAINT against EDWARD SCHAEFER ( Filing fee $ 350, receipt number 4616014938) filed by MARK MCAFFEE, JOHN BAYER, DAN HYMAN, JOHN LARKIN, STEPANIAN FARMS, INC., STAN BARTH, LESLIE BARTH, NICK KORETOFF, VALLEY ALMOND HULLER INC., MICHAEL BARNARD, HARMON BECKNER, HENDRIK FEENSTRA, PURITY ORGANICS, INC., SAM CABAL, CYNTHIA LASHBROOK, JOHN PRYOR, PAULA ECHABARNE. (Attachments: #1 Civil Cover Sheet)(jf, )
September 9, 2008 Opinion or Order SUMMONS (3) Issued as to EDWARD SCHAEFER, U.S. Attorney and U.S. Attorney General. (jf)

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Plaintiff: NICK KORETOFF doing business as NICK KORETOFF RANCHES
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: SAM CABAL
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: CYNTHIA LASHBROOK doing business as RIVERDANCE FARMS
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: JOHN PRYOR
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: PAULA ECHABARNE doing business as MALLARD BEND FARMS
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: MARK MCAFFEE doing business as ORGANIC PASTURES
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: JOHN BAYER
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: DAN HYMAN doing business as D & S RANCHES
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: JOHN LARKIN doing business as LARKIN RANCH
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: STEPANIAN FARMS, INC.
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: STAN BARTH
Represented By: John H. Vetne
Represented By: Susan Clare Silber
Represented By: Ryan K. Miltner
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Plaintiff: LESLIE BARTH doing business as STAN BARTH FARMS
Represented By: John H. Vetne
Represented By: Susan Clare Silber
Represented By: Ryan K. Miltner
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Plaintiff: VALLEY ALMOND HULLER INC. doing business as SHERMAN THOMAS RANCH
Represented By: Susan Clare Silber
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
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Plaintiff: MICHAEL BARNARD doing business as BARNARD ORGANIC FARMS
Represented By: John H. Vetne
Represented By: Susan Clare Silber
Represented By: Ryan K. Miltner
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Plaintiff: HARMON BECKNER doing business as BECKNER FARMS
Represented By: John H. Vetne
Represented By: Susan Clare Silber
Represented By: Ryan K. Miltner
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Plaintiff: HENDRIK FEENSTRA doing business as RIVERVIEW ORCHARD
Represented By: Susan Clare Silber
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
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Plaintiff: PURITY ORGANICS, INC.
Represented By: Susan Clare Silber
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
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Plaintiff: LYNN PEKAREK
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: JAMES E. BREMNER
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Plaintiff: VISTA LIVESTOCK COMPANY
Represented By: John H. Vetne
Represented By: Ryan K. Miltner
Represented By: Susan Clare Silber
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Defendant: EDWARD SCHAFER
Represented By: Jennie Leah Kneedler
Represented By: Kyle Renee Freeny
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Defendant: THOMAS J. VILSACK
Represented By: Jennie Leah Kneedler
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