Kraft Foods Global, Inc. et al v. United Egg Producers, Inc. et al
Plaintiff: Kraft Foods Global, Inc., The Kellogg Company, General Mills, Inc. and Nestle USA, Inc.
Defendant: United Egg Producers, Inc., United States Egg Marketers, Inc., Cal-Maine Foods, Inc., Daybreak Foods, Inc., Hillandale Farms Of PA, Inc., Michael Foods Inc., Midwest Poultry Services, L.P., National Food Corporation, Nucal Foods, Inc., Ohio Fresh Eggs, LLC, Rose Acre Farms, Inc., R.W. Sauder, Inc. and Sparboe Farms, Inc.
Case Number: 1:2011cv08808
Filed: December 12, 2011
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Steven C Seeger
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 25 Clayton Act
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on September 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2023 Opinion or Order Filing 377 MINUTE entry before the Honorable Steven C. Seeger: As confirmed on the record, an objection by one defendant will be deemed to be an objection by all defendants, unless otherwise indicated by counsel. And on the flipside, an objection by one plaintiff will be deemed to be an objection by all plaintiffs. That protocol will simplify and streamline trial, and will ensure that all parties on each side have preserved their objections. Mailed notice (jjr, )
October 18, 2023 Opinion or Order Filing 376 MINUTE entry before the Honorable Steven C. Seeger: As part of jury selection, the Courtroom Deputy emailed counsel a scanned pdf version of all of the completed juror questionnaires. The Court is providing a scanned version to speed things along, and facilitate a smooth jury selection process. The parties must preserve the confidentiality of the juror questionnaires. Counsel must not provide the questionnaires to anyone except their legal teams, consultants, and clients. All recipients of the juror questionnaires are bound by this Order, and must preserve the confidentiality of the questionnaires. No party can distribute or publicize the questionnaires without leave of Court. The Court thanks the parties for their cooperation. Mailed notice (jjr, )
October 17, 2023 Opinion or Order Filing 375 MINUTE entry before the Honorable Steven C. Seeger: The Court presided over the first day of the jury trial on October 17, 2023. The Court and the parties began jury selection after receiving the completed juror questionnaires. The Court questioned the first group of prospective jurors. On October 16, 2023, the parties exchanged slides for opening statements, and the parties met and conferred about a few issues. Trial will continue with counsel at 8:30 a.m. on October 18, 2023. The Court will discuss any unresolved issues about the opening slides, including any disputed exhibits that the parties plan to use. The Court will resume the jury selection process with the jury pool at 9:30 a.m. Mailed notice (jjr, )
October 17, 2023 Opinion or Order Filing 374 SUPPLEMENT to proposed pretrial order, #279 [Defendants' Modifications to Proposed Pretrial Order Appendix 8-2 (ECF No. 279-5)] (DiRago, Mary)
October 17, 2023 Opinion or Order Filing 373 RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Limit Plaintiffs' Proposed Exhibit Redactions #363 (Fox, Brandon)
October 16, 2023 Opinion or Order Filing 372 EXHIBIT by Defendant Rose Acre Farms, Inc. Exhibits for Opening with Pending Objections (Attachments: #1 Exhibit, #2 Exhibit)(Carter, Allen)
October 16, 2023 Opinion or Order Filing 371 Plaintiffs' Submission Regarding Outstanding Objections to Opening Statement Materials by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Fox, Brandon)
October 16, 2023 Opinion or Order Filing 370 OBJECTIONS by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to exhibit list,,, #352 Defendants' Objections To Plaintiffs' Opening Statement Exhibits (Collins, Patrick)
October 16, 2023 Opinion or Order Filing 369 ORDER: Plaintiffs' motion to limit certain testimony of Dr. Jeffrey Armstrong (Dckt. No. #331 ) is hereby denied. Signed by the Honorable Steven C. Seeger on 10/16/2023. Mailed notice. (jjr, )
October 16, 2023 Opinion or Order Filing 368 ORDER: Plaintiffs' motion to exclude the testimony of Dr. Jesse David (Dckt. No. #330 ) is granted in part and denied in part. Signed by the Honorable Steven C. Seeger on 10/16/2023. Mailed notice. (jjr, )
October 16, 2023 Opinion or Order Filing 367 MINUTE entry before the Honorable Steven C. Seeger: The joint motion to permit use of confidential and highly confidential material at trial (Dckt. No. #344 ) is hereby granted. The documents largely involve conduct before 2009, so the passage of time may have eroded the need for confidentiality. The parties may display such materials in open court in the upcoming trial without excluding from the courtroom individuals not subject to the protective order and without limiting public access to the courtroom. If any party believe that any particular document deserves continued confidential treatment, that party should meet and confer with the other side, and then may raise it with the Court. The parties foresee some objections, such as UEP audits, and the precise specifications of Miracle Whip. The parties can raise the exceptions when the time comes. Any third party who is a producing party is free to move the Court for continued confidentiality. Mailed notice (jjr, )
October 16, 2023 Opinion or Order Filing 366 MINUTE entry before the Honorable Steven C. Seeger: The motions to seal (Dckt. Nos. #313 , #329 , #348 ) are hereby granted. The Court is granting the motions because the filings contain documents that producing parties designated as confidential or highly confidential. Writ large, the Court has some concerns about the volume and the percentage of the filings that are under seal, at least in part. The Court understands that the parties are constrained because the producing parties may have designated the documents under Judge Pratter's confidentiality order. Even so, the public has an interest in a public proceeding. The Court may revisit this issue at a later time. Mailed notice (jjr, )
October 16, 2023 Opinion or Order Filing 365 TRANSCRIPT OF PROCEEDINGS held on 10/12/2023 before the Honorable Steven C. Seeger. Order Number: 46882. Court Reporter Contact Information: Amy Kleynhans, amyofficialtranscripts@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/15/2024. (Kleynhans, Amy)
October 16, 2023 Opinion or Order Filing 364 MINUTE entry before the Honorable Steven C. Seeger: The Court is signing the order authorizing the parties to bring trial-related material into the courtroom. The Courtroom Deputy will deliver a copy of the order to the Court Security Officers in the lobby, and will make a copy of the order available to the parties. The Court assumes that the parties will not encounter any difficulties, but if they do, they should contact the Courtroom Deputy. The Court noticed that the proposed order includes a reference to "printer (smaller version)." The Court was glad to see the parenthetical. If the printer is too big to comfortably get through the doors, through security, and into the elevator, then it's too big. Mailed notice (jjr, )
October 15, 2023 Opinion or Order Filing 363 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Limit Plaintiffs' Proposed Exhibit Redactions (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F)(Otlewski, Patrick)
October 15, 2023 Opinion or Order Filing 362 PROPOSED Jury Instructions by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Collins, Patrick)
October 15, 2023 Opinion or Order Filing 361 PROPOSED Jury Instructions by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Fox, Brandon)
October 14, 2023 Opinion or Order Filing 360 STATUS Report Regarding Post-2008 Damages by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Fox, Brandon)
October 14, 2023 Opinion or Order Filing 359 EXHIBIT by Defendant Rose Acre Farms, Inc. Exhibit for Opening with Pending Objection (Attachments: #1 Exhibit)(Carter, Allen)
October 13, 2023 Opinion or Order Filing 358 MINUTE entry before the Honorable Steven C. Seeger: The Courtroom Deputy has emailed the parties a Word version of the proposed jury questionnaire and the proposed preliminary jury instructions. If any party has any objections, changes, additions, or corrections, that party must file them by 5:00 p.m. on Sunday, October 15, 2023. (A short filing is perfectly fine. The Court simply wants to give everyone a heads-up.) That way, everyone will be ready to discuss any final changes when the Court holds the final installment of the final pretrial conference on Monday morning. On the juror questionnaire, the Court wanted to flag the fact that the Court added a few additional questions for the parties to consider. (And the Court is pleased to report that, with the help of a little formatting magic, the questionnaire is five pages long.). On the preliminary jury instructions, most of the Court's changes to the instructions were relatively small, and the parties are free to make a redline if they want to spot them. At one point, the Court changed "Once you have found that defendant or an alleged co-conspirator is a member of a conspiracy" to "if you find," so that it is not suggestive. Also, the Court included the proposed instruction from the ABA that refers to an unreasonable restraint of trade (i.e., substantive instruction no. 2). To violate the Sherman Act, the restraint of trade must unreasonable, regardless of whether a per se or a Rule of Reason analysis applies. See Ohio v. Am. Express Co., 138 S. Ct. 2274, 2283-84 (2018) (cleaned up) ("Restraints can be unreasonable in one of two ways. A small group of restraints are unreasonable per se because they always or almost always tend to restrict competition and decrease output. Typically only horizontal restraints-restraints imposed by agreement between competitors-qualify as unreasonable per se. Restraints that are not unreasonable per se are judged under the rule of reason."); FTC v. Indiana Fed'n of Dentists, 476 U.S. 447, 457-58 (1986) ("Under our precedents, a restraint may be adjudged unreasonable either because it fits within a class of restraints that has been held to be 'per se' unreasonable, or because it violates what has come to be known as the 'Rule of Reason,' under which the 'test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.'") (quoting Chicago Bd. of Trade v. United States, 246 U.S. 231, 238 (1918)). In proposed instruction number four, the Court broke one paragraph into two, to separate defendants from other alleged co-conspirators. The language was too complicated, and the revised version seems easier to read. The Court encourages the parties to give both documents a close read, and welcomes any final thoughts and suggestions. The Court thanks the parties for their cooperation and helpful contributions. Mailed notice. (jjr, )
October 13, 2023 Opinion or Order Filing 357 SEALED DOCUMENT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Exhibit A (Fox, Brandon)
October 13, 2023 Opinion or Order Filing 356 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine to Admit Business Records of Michael Foods Inc. Pursuant to Federal Rules of Evidence 803(6) and 902(11) (Fox, Brandon)
October 13, 2023 Opinion or Order Filing 355 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal Business Records Exhibits (Fox, Brandon)
October 13, 2023 Opinion or Order Filing 354 ORDER: Plaintiffs' renewed motion to preclude post-2008 evidence in the liability phase (Dckt. No. #314 ) is hereby denied. Signed by the Honorable Steven C. Seeger on 10/13/2023. Mailed notice. (jjr, )
October 13, 2023 Opinion or Order Filing 353 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Exhibit 18 regarding exhibit list,,, #352 (Attachments: #1 Exhibit 37, #2 Exhibit 50, #3 Exhibit 68, #4 Exhibit 109, #5 Exhibit 111, #6 Exhibit 115, #7 Exhibit 135, #8 Exhibit 140, #9 Exhibit 143, #10 Exhibit 153, #11 Exhibit 178, #12 Exhibit 193, #13 Exhibit 210, #14 Exhibit 212, #15 Exhibit 226, #16 Exhibit 256, #17 Exhibit 257, #18 Exhibit 260, #19 Exhibit 290, #20 Exhibit 328, #21 Exhibit 330, #22 Exhibit 365, #23 Exhibit 371, #24 Exhibit 374, #25 Exhibit 377, #26 Exhibit 384, #27 Exhibit 434, #28 Exhibit 445, #29 Exhibit 547, #30 Exhibit 576, #31 Exhibit 592, #32 Exhibit 637, #33 Exhibit 754, #34 Exhibit 755)(Fox, Brandon)
October 13, 2023 Opinion or Order Filing 352 Exhibit List / Plaintiffs' List of Exhibits to be Used in Opening Statement by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company. (Attachments: #1 Exhibit 18, #2 Exhibit 37, #3 Exhibit 50, #4 Exhibit 68, #5 Exhibit 109, #6 Exhibit 111, #7 Exhibit 115, #8 Exhibit 135, #9 Exhibit 140, #10 Exhibit 143, #11 Exhibit 153, #12 Exhibit 178, #13 Exhibit 193, #14 Exhibit 210, #15 Exhibit 212, #16 Exhibit 226, #17 Exhibit 256, #18 Exhibit 257, #19 Exhibit 260, #20 Exhibit 290, #21 Exhibit 328, #22 Exhibit 330, #23 Exhibit 365, #24 Exhibit 371, #25 Exhibit 374, #26 Exhibit 377, #27 Exhibit 384, #28 Exhibit 434, #29 Exhibit 445, #30 Exhibit 547, #31 Exhibit 576, #32 Exhibit 592, #33 Exhibit 637, #34 Exhibit 754, #35 Exhibit 755)(Fox, Brandon)
October 13, 2023 Opinion or Order Filing 351 RESPONSE by Cal-Maine Foods, Inc.in Opposition to MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to Admit Meeting Minutes as Business Records #335 (Otlewski, Patrick)
October 13, 2023 Opinion or Order Filing 350 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine To Admit Business Records Certification & Permission to Submit Data in Native Format #322 (King, James)
October 13, 2023 Opinion or Order Filing 349 NOTICE by United Egg Producers, Inc. re text entry,,,,,,, #338 OF DEFENDANT UNITED EGG PRODUCERS, INC. PER ORDER DATED OCTOBER 12, 2023 [ECF NO. 338] (Attachments: #1 Exhibits)(Sumner, Robin)
October 13, 2023 Opinion or Order Filing 348 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal (Fox, Brandon)
October 13, 2023 Opinion or Order Filing 347 Listing Of Opening Statement Exhibits With Pending Plaintiff Objections by Cal-Maine Foods, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Collins, Patrick)
October 13, 2023 Opinion or Order Filing 346 EXHIBIT by Defendant Rose Acre Farms, Inc. Exhibits to Be Used in Opening that Plaintiffs Object To (Attachments: #1 Exhibit)(Carter, Allen)
October 13, 2023 Opinion or Order Filing 345 Exhibit List Updated Appendix 9-2 by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.. (Attachments: #1 Appendix)(Carter, Allen)
October 13, 2023 Opinion or Order Filing 344 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Joint Motion to Permit Use of Confidential and Highly Confidential Material at Trial (Attachments: #1 Exhibit A)(Fox, Brandon)
October 12, 2023 Opinion or Order Filing 343 ORDER REGARDING TRIAL STIPULATIONS 1-15 Signed by the Honorable Steven C. Seeger on 10/12/2023. Mailed notice. (jjr, )
October 12, 2023 Opinion or Order Filing 342 MINUTE entry before the Honorable Steven C. Seeger: The agreed motion to enter proposed trial stipulations and orders (Dckt. No. #309 ) is hereby granted. Order Regarding Trial Stipulations 1-15 to follow. Mailed notice. (jjr, )
October 12, 2023 Opinion or Order Filing 341 MINUTE entry before the Honorable Steven C. Seeger: The Court will resume the final pretrial conference at 10:00 a.m. on October 16, 2023. Mailed notice. (jjr, )
October 12, 2023 Opinion or Order Filing 340 MINUTE entry before the Honorable Steven C. Seeger: The Courtroom Deputy will email the parties a copy of the revised juror questionnaire, and the preliminary jury instructions. If any party has any objections, changes, or additions, that party must file them by 5:00 p.m. on Sunday, October 15. Mailed notice (jjr, )
October 12, 2023 Opinion or Order Filing 339 MINUTE entry before the Honorable Steven C. Seeger: As this Court ordered, the parties must exchange slides for the opening statements by Monday, October 16 at 5:00 p.m. After that point, the parties cannot change, add, or remove any slides without leave of Court. Mailed notice (jjr, )
October 12, 2023 Opinion or Order Filing 338 MINUTE entry before the Honorable Steven C. Seeger: The Court issues this minute order as an important follow-up to the second installment of the final pretrial conference. During today's hearing, the parties flagged that it would be helpful to receive rulings on certain topics before openings, including motions about two witnesses (Armstrong and David) (Dckt. Nos. [330, 331]), as well as the deposition designations for Bell. In addition, on top of it all, the parties revealed that they may want to use documents during openings that the other side currently objects to, such as the United Voices newsletters. This Court needs time to review and evaluate any disputed exhibits that the parties hope to use during openings. So, the Court updates the battleplan and orders as follows. If any party intends to use an exhibit during opening statements that the other side objects to, then that party must file a list identifying the document(s) with particularity, and attach the document(s) to the filing, no later than 5:00 p.m. on Friday, October 13, 2023. The submission also must point to where, exactly, the Court can find the objection on the docket. Basically, this Court needs to know, with much greater specificity, what exactly this Court needs to rule upon before openings. That way, the Court will be able to review the exhibits before and during the third installment of the final pretrial conference on Monday, October 16, 2023. The parties undoubtedly know by now what documents they intend to use during openings, and whether there are any objections about those documents. This Court needs to know, too. This Court will call balls and strikes. But this Court needs to see the pitches first. And this Court must have a chance to see what is headed in its direction. The sooner the parties throw the pitches, the sooner the Court can call balls and strikes. Mailed notice (jjr, )
October 12, 2023 Opinion or Order Filing 337 MINUTE entry before the Honorable Steven C. Seeger: The Court presided over the second installment of the final pretrial conference on October 12, 2023. Once again, the Court and the parties covered a lot of ground on a wide assortment of topics, including the logistics, scheduling, and overall mechanics of trial, as well as a number of substantive topics. In particular, the Court entertained an extended discussion of Plaintiffs' renewed motion about post-2008 evidence. (Dckt. No. #314 ) During the hearing, this Court issued an oral ruling on that motion. The motion is denied, for reasons that the Court explained at the hearing, and for the reasons that the Court will give in an order to follow. The lay of the land is as follows. Plaintiffs alleged that Defendants engaged in a conspiracy through 2008, and that the anticompetitive effects lasted until 2012. As things stand, Plaintiffs are seeking damages through 2012. That is, Plaintiffs hope to recover damages during the period of the alleged conspiracy (ending in 2008). Plaintiffs also hope to recover damages from 2009 to 2012, meaning the injury tail period. As this Court ruled, Plaintiffs cannot recover damages from 2009 to 2012 unless they prove that they suffered an antitrust injury from 2009 to 2012. Plaintiffs must make that showing during the liability phase of the trial, not the damages phase of the trial, because the existence of an injury is an essential element of the claim. During the hearing, this Court asked Plaintiffs to confirm that they are still seeking damages for the period from 2009 to 2012. Plaintiffs must file a status update or a motion on this topic by 5:00 p.m. on Saturday, October 14, 2023. Mailed notice. (jjr, )
October 12, 2023 Opinion or Order Filing 336 MINUTE entry before the Honorable Steven C. Seeger: The final pretrial conference set for October 12, 2023 at 1:00 p.m. is stricken and reset for 2:00 p.m. (TIME CHANGE ONLY). Mailed notice. (jjr, )
October 11, 2023 Opinion or Order Filing 335 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to Admit Meeting Minutes as Business Records (Fox, Brandon)
October 11, 2023 Opinion or Order Filing 334 STATUS Report Joint Status Report by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Collins, Patrick)
October 10, 2023 Opinion or Order Filing 333 MEMORANDUM by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. in Opposition to motion for miscellaneous relief, #331 -PLAINTIFFS' MOTION TO LIMIT CERTAIN TESTIMONY OF DR. JEFFREY ARMSTRONG (Attachments: #1 Exhibit A -Day 16, #2 Exhibit A-Day 17)(Sumner, Robin)
October 10, 2023 Opinion or Order Filing 332 RESPONSE by Rose Acre Farms, Inc.in Opposition to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Motion to Exclude Expert Testimony #330 (Attachments: #1 Exhibit A (Transcript Excerpts))(King, James)
October 6, 2023 Opinion or Order Filing 331 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to Limit Certain Testimony of Dr. Jeffrey Armstrong (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fox, Brandon)
October 6, 2023 Opinion or Order Filing 330 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Motion to Exclude Expert Testimony (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fox, Brandon)
October 6, 2023 Opinion or Order Filing 329 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal (Fox, Brandon)
October 6, 2023 Opinion or Order Filing 328 SUPPLEMENT to proposed pretrial order, #289 / Updated Appendix 10-1 (Fox, Brandon)
October 6, 2023 Opinion or Order Filing 327 SUPPLEMENT to proposed pretrial order, #289 / Proposed Preliminary Instructions (Fox, Brandon)
October 6, 2023 Opinion or Order Filing 326 RESPONSE by Cal-Maine Foods, Inc.in Opposition to MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to Preclude Post-2008 Evidence in the Liability Phase (Renewed) #314 (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3)(Kiser, Livia)
October 6, 2023 Opinion or Order Filing 325 STATUS Report by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Sumner, Robin)
October 6, 2023 Opinion or Order Filing 324 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company Sealed Exhibit B regarding MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine To Admit Business Records Certification & Permission to Submit Data in Native Format #322 (Fox, Brandon)
October 6, 2023 Opinion or Order Filing 323 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company Sealed Exhibit A regarding MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine To Admit Business Records Certification & Permission to Submit Data in Native Format #322 (Fox, Brandon)
October 6, 2023 Opinion or Order Filing 322 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine To Admit Business Records Certification & Permission to Submit Data in Native Format (Attachments: #1 Exhibit A Placeholder, #2 Exhibit B Placeholder)(Fox, Brandon)
October 6, 2023 Opinion or Order Filing 321 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal Exhibits to Motion in Limine for Business Records Certification (Fox, Brandon)
October 5, 2023 Opinion or Order Filing 320 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Margaret Mary Hlousek (Hlousek, Margaret)
October 5, 2023 Opinion or Order Filing 319 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by John David Vandeventer (Vandeventer, John)
October 5, 2023 Opinion or Order Filing 318 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Christian Plummer (Plummer, Christian)
October 5, 2023 Opinion or Order Filing 317 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Reanne Zheng (Zheng, Reanne)
October 3, 2023 Opinion or Order Filing 316 TRANSCRIPT OF PROCEEDINGS held on 9/28/2023 before the Honorable Steven C. Seeger. Order Number: 46886. Court Reporter Contact Information: Amy Kleynhans, amyofficialtranscripts@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/24/2023. Redacted Transcript Deadline set for 11/3/2023. Release of Transcript Restriction set for 1/1/2024. (Kleynhans, Amy)
October 2, 2023 Opinion or Order Filing 315 SEALED DOCUMENT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Exhibit A (Fox, Brandon)
October 2, 2023 Opinion or Order Filing 314 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to Preclude Post-2008 Evidence in the Liability Phase (Renewed) (Attachments: #1 Exhibit A - (Filed Under Seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fox, Brandon)
October 2, 2023 Opinion or Order Filing 313 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal (Fox, Brandon)
October 2, 2023 Opinion or Order Filing 312 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Christopher Michael Sheehan (Sheehan, Christopher)
September 28, 2023 Opinion or Order Filing 311 MINUTE entry before the Honorable Steven C. Seeger: The Court issues this minute order as a follow-up to a point that Plaintiffs raised toward the end of the four-hour final pretrial conference on September 28. Plaintiffs revealed that they have refined their trial strategy and adjusted their plans about post-2008 evidence in light of this Court's rulings on the motions in limine. As the Court understands it, Plaintiffs stated that, in the liability phase of the trial (Phase I), they do not intend to offer evidence to prove an antitrust injury after 2008. But in the damages phase (Phase II), Plaintiffs do intend to seek damages through 2012. Basically, as the Court understands it, Plaintiffs want to present evidence about a post-2008 injury in Phase II (meaning the damages phase), but not in Phase I (meaning the liability phase). And in that case, as Plaintiffs see it, the door that was open for post-2008 evidence in Phase I (the liability phase) should now be shut. Plaintiffs' counsel explained: "One additional note about this is that our position will be that at the second phase of trial, the damages phase, that we would ask Your Honor to let that evidence of injury in," which the Court took to mean evidence of injury after 2008. In response to this Court's question, Plaintiffs' counsel confirmed that they do not intend to drop the allegation that Plaintiffs suffered an antitrust injury after 2008, and do not intend to drop a request for damages after 2008. Plaintiffs simply do not intend to present evidence of post-2008 injuries in the liability phase of trial. As counsel put it: "We are saying that for the liability phase of the trial... we will not be arguing that there is any antitrust injury after 2008." "For now, for this phase of trial, we do not seek to put in any evidence that's outside that 2008 period." Plaintiffs revealed this plan to defense counsel on September 27, meaning the day before the final pretrial conference. And it sparked a response. Defendants oppose any last-minute changes. And in particular, Defendants oppose anything that would redo the analysis by Plaintiffs' expert, Dr. Baye. After listening to counsel, this Court requested written submissions, which the parties will file next week. In the meantime, this Court has mulled things over, and thought it might be useful to offer a few preliminary thoughts, questions, and reactions. In particular, this Court would appreciate it if Plaintiffs would clarify a few points. Are Plaintiffs seeking damages in this case after 2008? If so, don't Plaintiffs have to prove an antitrust injury after 2008? And if so, doesn't the proof of the antitrust injury after 2008 have to come in the liability phase of the trial, if Plaintiffs are going to seek damages after 2008 in the damages part of the trial? After all, an antitrust injury is an element of the claim. It is a liability question, not a damages question. And if Plaintiffs have to prove an antitrust injury for the post-2008 period in Phase I, before they can seek damages for the post-2008 period in Phase II, then why can't Defendants present evidence that Plaintiffs suffered no antitrust injury from an unreasonable restraint of trade in Phase I because there was no unreasonable restraint of trade in the post-2008 period? It is hard to see how Plaintiffs can avoid presenting evidence of a post-2008 injury in the liability phase of the trial if they intend to seek damages after 2008 in the damages phase of the trial. And if Plaintiffs present evidence of a post-2008 injury in the liability phase of the trial, then it is hard to see why Defendants cannot argue that there was no antitrust injury after 2008 because there was no unreasonable restraint of trade. True, the existence of an injury is related to damages, because both parts depend on the existence of artificially inflated prices caused by anticompetitive conduct. Even so, as this Court understands the lay of the land, Plaintiffs cannot prevail at the liability stage unless they carry their burden of proof on all of the elements of their claims. And one of the elements is the existence of an antitrust injury. In other words, Plaintiffs presumably have to prove the existence of an antitrust injury after 2008 in Phase I if they are going to seek damages after 2008 in Phase II. No injury, no damages. On a related note, the Court would appreciate a proffer from Plaintiffs about how their proposal would affect the opinions and the testimony of Dr. Baye (and any other expert). Would it change the analysis, and if so, how? Overall, parties typically can trim their cases, but the Court has a healthy measure of skepticism about big changes a short time before trial. The case is 12 years old, so it can be jarring to hear about a new theory 19 days before trial. That said, this Court does not know enough to evaluate how big of a change Plaintiffs are proposing, and how it would affect the trial. None of this is a ruling. All of this is gentle request for clarification, and an invitation for the parties to cast light on the subject. Again, Plaintiffs' brief is due on Monday, October 2, and Defendants' response is due on Friday, October 6. The Court thanks the parties in advance for their submissions. Mailed notice (jjr, )
September 28, 2023 Opinion or Order Filing 310 MINUTE entry before the Honorable Steven C. Seeger: The Court presided over the final pretrial conference on September 28, 2023. The Court walked through the final pretrial order, and directed the parties to complete a number of follow-up to-do items. As discussed at the hearing, for most of the items, the submissions are due by Friday, October 6, 2023. But there are a few exceptions. Most prominently, Plaintiffs must file a statement about their plans about any post-2008 evidence by Monday, October 2. Defendants must respond by Friday, October 6. The next installment of the final pretrial conference will take place on Thursday, October 12 at 1:00 p.m.Mailed notice. (jjr, )
September 25, 2023 Opinion or Order Filing 309 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Agreed Motion to Enter Proposed Trial Stipulations and Orders (Fox, Brandon)
September 22, 2023 Opinion or Order Filing 308 STATUS Report Joint Status Report by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Collins, Patrick)
September 20, 2023 Opinion or Order Filing 307 MINUTE entry before the Honorable Steven C. Seeger: The Court cannot comfortably read Plaintiffs' deposition designations in the final pretrial order (Dckt. No. #289 -5). The font is way too small. It is not readable. Based on the Court's tape measure, each letter appears to be approximately one millimeter tall. The Court wants to read it, and needs to read it, but can't read it. The Court can appreciate the challenges posed by having so much content on a single page, especially given that there are nine columns. Consider filing a version with only the first four columns. The font in Defendants' deposition designations is bigger and thus better (Dckt. #289 -7), but the font isn't the easiest to read, either. A court filing needs to be easy on the eyes. Basically, the Court would appreciate receiving more readable versions of the deposition designations from both sides. The Court directs each side to file supplemental deposition designations that are easier to read. The Court thanks counsel for their help making things more digestible. Mailed notice (jjr, )
September 20, 2023 Opinion or Order Filing 306 MINUTE entry before the Honorable Steven C. Seeger: The Court saw the recent filing of the final pretrial order (Dckt. No. #289 ), which weighs in at 767 pages. The Court appreciates the time, attention, and careful thought that the parties put into the filing. Given the size, the Court would appreciate receiving three hard copies of the final pretrial order, in binders (probably two binders per set, so that the final pretrial order does not feel like a cinder block). Tabs would be helpful, too. The Court directs Plaintiffs to deliver three hard copies to the Courtroom Deputy, preferably by the end of this week (if possible). The Court thanks counsel for their cooperation. Mailed notice (jjr, )
September 19, 2023 Opinion or Order Filing 305 MINUTE entry before the Honorable Steven C. Seeger: Defendant Rose Acre Farms's motion for an order recessing the jury early on Fridays (Dckt. No. #284 ) is hereby granted. Defense counsel requests a religious accommodation, which the Court will grant. As proposed, trial will end by 3:00 p.m. on Fridays until November 4, and will end at 2:00 p.m. after November 4 (when the clock changes). Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 304 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' omnibus motion in limine to exclude irrelevant and prejudicial evidence (Dckt. No. #168 ) is hereby granted in part and denied in part. The motion basically introduced eight other motions (meaning motions in limine). The Court has separately ruled on all of those motions. Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 303 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion in limine to exclude any reference to John Mueller's prior discipline (Dckt. No. #179 ) is hereby granted. Mueller is the former General Counsel and head of human relations for Sparboe Farms, a former co-defendant that settled years ago. In one of the Pennsylvania trials, Mueller testified that he had concerns from the beginning that the UEP actions were a cover for anticompetitive conduct. Defense counsel elicited that Mueller was placed on probation from the practice of law for two years (in 1995). Apparently, Mueller engaged in unprofessional conduct by making harassing phone calls to a client. Plaintiffs now seek to exclude any such reference about his disciplinary history at the upcoming trial under Rule 608. Rule 608(b) provides that a district court may allow cross examination into specific instances of a witness's conduct "if they are probative of the character for truthfulness or untruthfulness." See Fed. R. Evid. 608(b). The standard is whether "a witness'[s] prior activity, whether exemplified by conduct or by a statement, in and of itself casts significant doubt upon his veracity." United States v. Brown, 973 F.3d 667, 705 (7th Cir. 2020) (quotation marks omitted). Rule 608(b) "expressly affords the trial judge broad discretion to allow such questioning regarding prior instances of conduct if they are probative of the character for truthfulness or untruthfulness of the witness." Paldo Sign & Display Co. v. Wagener Equities, Inc., 825 F.3d 793, 800 (7th Cir. 2016). But the conduct at issue must be based on "dishonest or untruthful conduct." Nelson v. City of Chicago, 810 F.3d 1061, 1068 (7th Cir. 2016). Here, Mueller was suspended as a lawyer in 1995 for making harassing calls to a client. Harassing clients is bad. The fact that the harassment led to disciplinary action suggests that the harassment was extreme. Even so, harassment may be a sign of unprofessional conduct, but it is not particularly probative of his character for truthfulness. True, Mueller's credibility as a lawyer might be at issue given his role as Sparboe Farms's lawyer. But under Rule 608(b), the specific conduct must speak to truthfulness. Mueller's conduct was not good, but it doesn't say much about whether he tells the truth. That said, if Mueller takes the stand and opens the door, defense counsel can revisit the issue. Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 302 ORDER: Defendants' motion in limine to exclude certain videos and photographs (Dckt. No. #161 ) is hereby granted. Signed by the Honorable Steven C. Seeger on 9/19/2023.Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 301 ORDER: Plaintiffs' motion in limine to exclude any reference to family farms (Dckt. No. #177 ) is hereby denied, for the most part. Signed by the Honorable Steven C. Seeger on 9/19/2023.Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 300 ORDER: Defendants' motion in limine to preclude Plaintiffs' expert from offering factual narrative testimony (Dckt. No. #171 ) is hereby granted in large part. Signed by the Honorable Steven C. Seeger on 9/19/2023.Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 299 ORDER : Defendants' motion in limine regarding deposition designations (Dckt. No. #163 ) is hereby granted in large part. Signed by the Honorable Steven C. Seeger on 9/19/2023. Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 298 ORDER: Defendants' motion in limine to exclude evidence predating the alleged conspiracy (Dckt. No. #156 ) is hereby granted in part and denied in part. Signed by the Honorable Steven C. Seeger on 9/19/2023. Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 297 ORDER: Defendants' motion in limine to exclude any statements or arguments about prior complaints, investigations, or settlements (Dckt. No. #169 ) is hereby granted in large part. Signed by the Honorable Steven C. Seeger on 9/19/2023. Mailed notice. (jjr, )
September 19, 2023 Opinion or Order Filing 296 ORDER: Plaintiffs' motion in limine to exclude any reference to the action or inaction of any federal or state antitrust regulator or the USDA (Dckt. No. #178 ) is hereby granted in large part. Signed by the Honorable Steven C. Seeger on 9/19/2023. Mailed notice. (jjr, )
September 18, 2023 Opinion or Order Filing 295 MINUTE entry before the Honorable Steven C. Seeger: The unopposed motion to withdraw as counsel (Dckt. No. #291 ) is granted. Attorney Andrew Jacob Chinsky is terminated as counsel of record. Mailed notice. (jjr, )
September 18, 2023 Opinion or Order Filing 294 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 9/18/2023. For the foregoing reasons, the Court finds that Plaintiffs have met their burden to justify the potential admission of most of the proffered co-conspirator statements under Rule 801(d)(2)(E). Except for the statements made by Michael Foods before it joined the conspiracy, the Court conditionally admits the co-conspirator statements. Mailed notice. (jjr, )
September 15, 2023 Opinion or Order Filing 293 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion to preclude reference to prior lawsuits or trials (Dckt. No. #176 ) is hereby granted. Plaintiffs ask the Court to "direct the parties and their witnesses to avoid any reference to the prior trials" held in the MDL court. See Pls.' Mtn, at 4 (Dckt. No. #176 ). They also seek to preclude references to "the outcome of those trials." Id. They seek to exclude any reference to prior trial testimony in those trials as "trial testimony." Id. at 5-6. They also seek to exclude any reference to the outcome of those two trials (the plaintiffs lost both trials). Id. at 6-7. Defendants did not file a response. In fact, as this Court highlighted in its Order last year, this motion was "not in the list of pending motions in the joint status report" filed by the parties. See 12/14/22 Order (Dckt. No. 247). So, the Court directed the parties to "inform the Courtroom Deputy by email whether [the] motion continues to present a live issue." Id. By all appearances, the motion is unopposed. In any event, this Court agrees that the parties should not prefer to testimony from the other trials as "trial testimony." It could be confusing, and invite speculation. The Court also agrees that the parties must not mention the outcome of other trials, either, in the presence of the jury. The proceedings in the MDL court are not relevant to the jury's decision in this case. The parties may not refer to prior testimony as "trial testimony" or refer to the other lawsuits or trials related to the MDL in this matter. If counsel sees a need to mention prior testimony (say, by cross examining an expert or a fact witness with testimony from the other trials), then counsel must refer to that prior testimony in a generic fashion, without mentioning the trials themselves. If the parties believe that making a statement with greater specificity about the trials or the MDL proceedings is necessary, they must preclear their statements with the Court. Mailed notice. (jjr, )
September 15, 2023 Opinion or Order Filing 292 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 9/15/2023. For the foregoing reasons, the Court grants in part and denies in part Plaintiffs' motion in limine to exclude liability evidence after 2008 (Dckt. No. #173 ). Mailed notice. (jjr, )
September 14, 2023 Opinion or Order Filing 291 MOTION by Attorney Andrew J. Chinsky to withdraw as attorney for Cal-Maine Foods, Inc.. No party information provided (Chinsky, Andrew)
September 12, 2023 Opinion or Order Filing 290 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Jessica Ann Ring (Ring, Jessica)
September 8, 2023 Opinion or Order Filing 289 PROPOSED Pretrial Order / Updated Proposed Order (Attachments: #1 Appendix 7-1, #2 Appendix 7-2, #3 Appendix 7-3, #4 Appendix 8-1, #5 Appendix 8-2, #6 Appendix 8-3, #7 Appendix 8-4, #8 Appendix 9-1, #9 Appendix 9-2, #10 Appendix 10-1, #11 Appendix 10-2, #12 Appendix 13-1, #13 Appendix 13-2, #14 Appendix 13-3, #15 Appendix 13-4, #16 Appendix 13-5, #17 Appendix 13-6, #18 Appendix 13-7)(Fox, Brandon)
September 6, 2023 Opinion or Order Filing 288 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Ana Elise Perez Crawford (Crawford, Ana)
August 31, 2023 Opinion or Order Filing 287 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/31/2023. For the foregoing reasons, the Court grants in part and denies in part Plaintiffs' motion in limine to exclude evidence about the November 2011 Sparboe Farms news segment (Dckt. No. #175 ). Mailed notice. (jjr, )
August 31, 2023 Opinion or Order Filing 286 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/31/2023. For the foregoing reasons, the Court grants in part and denies in part Plaintiffs' motion in limine to exclude evidence of state laws enacted after 2008 (Dckt. No. #174 ). Mailed notice. (jjr, )
August 31, 2023 Opinion or Order Filing 285 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/31/2023. For the foregoing reasons, the Court denies in part Plaintiffs' motion in limine to exclude evidence regarding grocers and certain Rule 30(b)(6) witness testimony (Dckt. No. #180 ). The evidence is relevant and not prejudicial, but the Court reserves a ruling on the admissibility of any particular deposition transcript. Mailed notice. (jjr, )
August 30, 2023 Opinion or Order Filing 284 MOTION by Defendant Rose Acre Farms, Inc.Recess trial early on Fridays (Levine, Jay)
August 25, 2023 Opinion or Order Filing 283 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Joshua Michael Dille (Dille, Joshua)
August 24, 2023 Opinion or Order Filing 282 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion to file certain exhibits attached to their response to Defendants' motion to procure the rebuttal testimony of Gary Pickett (Dckt. No. #264 ) is hereby granted. The Court has already ruled on Defendants' motion to procure Pickett by separate Order. See 8/11/23 Order (Dckt. No. #275 ). Mailed notice. (jjr, )
August 23, 2023 Opinion or Order Filing 281 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #280 ) is granted. Attorney Sati Harutyunyan is added as counsel for General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc. and The Kellogg Company. Mailed notice. (jjr, )
August 23, 2023 Opinion or Order Filing 280 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20960785. (Harutyunyan, Sati)
August 22, 2023 Opinion or Order Filing 279 PROPOSED Pretrial Order (Attachments: #1 Appendix 7-1, #2 Appendix 7-2, #3 Appendix 7-3, #4 Appendix 8-1, #5 Appendix 8-2, #6 Appendix 8-3, #7 Appendix 8-4, #8 Appendix 9-1, #9 Appendix 9-2, #10 Appendix 10-1, #11 Appendix 10-2, #12 Appendix 13-1, #13 Appendix 13-2, #14 Appendix 13-3, #15 Appendix 13-3 (Exs A-D), #16 Appendix 13-4, #17 Appendix 13-5)(Fox, Brandon)
August 21, 2023 Opinion or Order Filing 278 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Andrianna Deanne Kastanek (Kastanek, Andrianna)
August 21, 2023 Opinion or Order Filing 277 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/21/2023. For the foregoing reasons, the Court denies Defendants' motion in limine to exclude evidence of egg exports. (Dckt. No. #159 ) Mailed notice. (jjr, )
August 15, 2023 Opinion or Order Filing 276 MINUTE entry before the Honorable Steven C. Seeger: The unopposed motion to withdraws as counsel (Dckt. No. #273 ) is granted. Attorney Robert Edward Browne, Jr. is terminated as counsel of record. Mailed notice. (jjr, )
August 11, 2023 Opinion or Order Filing 275 ORDER: Defendants' motion for leave to depose Gary Pickett, or alternatively to permit him to testify remotely during the trial (Dckt. No. #262 ), is hereby granted in part and denied in part. Signed by the Honorable Steven C. Seeger on 8/11/2023. Mailed notice. (jjr, )
August 11, 2023 Opinion or Order Filing 274 NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to withdraw as attorney #273 before Honorable Steven C. Seeger on 8/16/2023 at 09:00 AM. (Browne, Robert)
August 11, 2023 Opinion or Order Filing 273 MOTION by Attorney Robert E. Browne, Jr. to withdraw as attorney for United Egg Producers, Inc., United States Egg Marketers, Inc.. No party information provided (Browne, Robert)
August 11, 2023 Opinion or Order Filing 272 MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 8/11/2023. Mailed notice. (jjr, )
August 1, 2023 Opinion or Order Filing 271 MINUTE entry before the Honorable Steven C. Seeger: The Court hereby moves the trial date by one day, for administrative reasons given the potentially large number of prospective jurors. Trial will begin on Tuesday, October 17, 2023 at 9:30 a.m. Mailed notice. (jjr, )
August 1, 2023 Opinion or Order Filing 270 REPLY by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to response in opposition to motion,, #265 Reply In Support of Motion for Leave to Procure Rebuttal Testimony of Third-Party Witness Gary Pickett (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Collins, Patrick)
July 27, 2023 Opinion or Order Filing 269 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Sealed Exhibit F regarding response in opposition to motion,, #265 (Fox, Brandon)
July 27, 2023 Opinion or Order Filing 268 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Sealed Exhibit E regarding response in opposition to motion,, #265 (Fox, Brandon)
July 27, 2023 Opinion or Order Filing 267 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Sealed Exhibit D regarding response in opposition to motion,, #265 (Fox, Brandon)
July 27, 2023 Opinion or Order Filing 266 SEALED EXHIBIT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Sealed Exhibit C regarding response in opposition to motion,, #265 (Fox, Brandon)
July 27, 2023 Opinion or Order Filing 265 RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin Opposition to MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. for leave to file MOTION FOR LEAVE TO PROCURE REBUTTAL TESTIMONY OF THIRD-PARTY WITNESS GARY PICKETT #262 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Public Redacted Version), #4 Exhibit D (Public Redacted Version), #5 Exhibit E (Public Redacted Version), #6 Exhibit F (Public Redacted Version), #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Fox, Brandon)
July 27, 2023 Opinion or Order Filing 264 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal (Fox, Brandon)
July 21, 2023 Opinion or Order Filing 263 MEMORANDUM by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. in support of motion for leave to file, #262 BRIEF IN SUPPORT OF DEFENDANTS' MOTION FOR LEAVE TO PROCURE REBUTTAL TESTIMONY OF THIRD-PARTY WITNESS GARY PICKETT (Attachments: #1 Exhibit Exhibit 1, #2 Declaration DECLARATION OF GARY PICKETT)(Collins, Patrick)
July 21, 2023 Opinion or Order Filing 262 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. for leave to file MOTION FOR LEAVE TO PROCURE REBUTTAL TESTIMONY OF THIRD-PARTY WITNESS GARY PICKETT (Collins, Patrick)
July 18, 2023 Opinion or Order Filing 261 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion to bifurcate (Dckt. No. #153 ) is hereby granted. The Court will bifurcate the trial into a liability phase and, if necessary, a damages phase. Memorandum Opinion and Order to follow. Separately, the Court reviewed Plaintiffs' Santiago proffer (Dckt. No. #164 ). The Court conditionally admits the co-conspirator statements outlined in the proffer, with one possible exception. The Court is still evaluating the statements of alleged co-conspirator Michael Foods. Memorandum Opinion and Order to follow. Ordinarily, it is not this Court's practice to issue a minute order announcing a ruling, with a Memorandum Opinion and Order to follow. Even so, the parties are busily at work to finalize the final pretrial order. And the Court can appreciate the understandable desire for rulings, because the rulings frame the architecture of the trial. The Court is announcing its rulings now, and will follow-up with the actual opinions later, given the time sensitivity of the preparation of the final pretrial order. The Court assumes that the parties would appreciate knowing the outcome sooner rather than later. Notice mailed by Judge's staff (lf, )
July 13, 2023 Opinion or Order Filing 260 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Mary S DiRago Amended Appearance of Mary S. DiRago (DiRago, Mary)
June 26, 2023 Opinion or Order Filing 259 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on June 26, 2023. The Court and counsel discussed the status of the preparation of the final pretrial order, and the status of various pretrial motions. The Court extends two pretrial deadlines. As proposed by the parties, Defendants must submit their portion of the final pretrial order to Plaintiffs by July 19, 2023 (not June 23). The final pretrial order is due by August 22, 2023 (not August 1). The pending motions remain under advisement. Mailed notice. (jjr, )
June 23, 2023 Opinion or Order Filing 258 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Michael Timothy Brody (Brody, Michael)
June 23, 2023 Opinion or Order Filing 257 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the "joint status report and motion for brief extension." (Dckt. No. #256 ) As an aside, it is not the best practice to file a report/motion, or a notice/motion, or a response/motion, or anything of that ilk. A motion should be called a motion, and designated as a motion on CM/ECF. See Fed. R. Civ. P. 7. It is not a small thing. A motion appears differently than other filings on the Court's internal system through the Clerk's Office. So, if you file a motion, but disguise it by calling it a report/motion, it will not pop up as a motion on the system and thus could fall through the cracks, especially if the issue is time sensitive. (But this Court spotted it.) Putting that aside, the Court looked at the report/motion. The parties requested a "short extension of the two future pretrial order deadlines: specifically, the June 23 Defendant exchange deadline and the August 1 final pretrial order submission deadline." The parties asked for an extension, but did not say what they want, and did not make a proposal. The request for an extension is granted. The Court vacates the June 23 and August 1 deadlines. The parties are a lot closer to the issues than the Court, so this Court does not know how much time they need to sort things out. The parties should work together cooperatively and propose a revised schedule in a supplemental filing. The parties also requested a hearing to discuss the final pretrial order more generally. The Court hereby sets a hearing for June 26, 2023 at 9:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The Court will allow counsel to participate by phone if they elect to do so. Counsel can appear in person, too. The Court thanks counsel for working together cooperatively to prepare a user-friendly final pretrial order. Mailed notice. (jjr, )
June 22, 2023 Opinion or Order Filing 256 STATUS Report Joint Status Report and Motion for Brief Extension of Pretrial Order Deadlines by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Collins, Patrick)
June 12, 2023 Opinion or Order Filing 255 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Mary S DiRago (DiRago, Mary)
March 14, 2023 Opinion or Order Filing 254 AMENDED attorney appearance #17 (Malysiak, James)
March 8, 2023 Opinion or Order Filing 253 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Kellogg Company (Fox, Brandon)
March 8, 2023 Opinion or Order Filing 252 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Mills, Inc. (Fox, Brandon)
March 8, 2023 Opinion or Order Filing 251 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kraft Foods Global, Inc. (Fox, Brandon)
December 29, 2022 Opinion or Order Filing 250 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
December 19, 2022 Opinion or Order Filing 249 MINUTE entry before the Honorable Steven C. Seeger: The joint motions to amend pretrial schedule and set trial dates (Dckt. Nos. #227 , #248 ) are hereby granted as follows. Trial will take place on October 16, 2023 at 9:30 a.m. The Court will reserve five weeks. Plaintiffs must tender their portion of the final pretrial order to Defendants by June 9, 2023. The parties did not propose a date for Defendants to tender their portion of the final pretrial order (which is fine), such as their exhibit list, witness list, and so on. The Court typically requires a defendant to tender its portion one week later. See Standing Order. Given the complexity of the case, Defendants must tender their portion of the final pretrial order to Plaintiffs by June 23, 2023. The Court encourages the parties to narrow or resolve as many issues as possible during the meet and confer process leading up to the filing of the final pretrial order. Object when it matters. Consider joint exhibits, if appropriate. The Court encourages stipulations of fact, if appropriate. Narrow the issues so that trial can focus on the questions of material fact. Make the final pretrial order user-friendly, and easy to read. The parties must file the final pretrial order by August 1, 2023. The parties must follow the Court's Standing Order about the content and format of the final pretrial order. The motions in limine are under advisement. At this point, the Court is not scheduling oral argument, but will do so at a later time if it is helpful to the Court. The Court is mindful that the parties have an interest in resolving certain issues sooner rather than later. The final pretrial conference will take place on September 28, 2023 at 2:00 p.m. Counsel should expect to be available the week before trial, too, as necessary. Mailed notice. (jjr, ) Modified on 12/20/2022 (jjr, ).
December 14, 2022 Opinion or Order Filing 248 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to amend/correct / Joint Motion to Amend Pretrial Schedule and Set Trial Dates (Fox, Brandon)
December 14, 2022 Opinion or Order Filing 247 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report (Dckt. No. #234 ), which itemized 16 pending motions. The Court's internal system shows that there are 21 pending motions. The Court winnows the field as follows. Two motions (Dckt. Nos. [157, 158]) are unsealed versions of sealed motions (Dckt. Nos. [156, 159]). That's two stones aimed at one bird. So, for case administration purposes only, the unsealed versions of those two motions (Dckt. Nos. [157, 158]) are denied as duplicates of the sealed motions (Dckt. Nos. [156, 159]), which remain pending. Defendants' motion in limine about one live appearance per witness (Dckt. No. #166 ), and Defendants' motion in limine to bar articles and books for the truth of the matter asserted (Dckt. No. #165 ) are deemed withdrawn, as confirmed in the joint stipulation dated September 19, 2022. (Dckt. No. #211 ). The final motion is Plaintiffs' motion in limine no. 4 to preclude references to prior lawsuits or trials. (Dckt. No. #176 ). That motion is not in the list of pending motions in the joint status report (Dckt. No. #234 ), but this Court does not see an express acknowledgment on the docket stating whether that motion is live. The parties must inform the Courtroom Deputy by email whether that motion continues to present a live issue. Mailed notice (jjr, )
December 8, 2022 Opinion or Order Filing 246 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on December 8, 2022. The Court and counsel discussed the pending motions in limine, which are fully briefed. The Court requested hard copies (two sets), in binders. By December 16, 2022, each side shall submit binders containing copies of all filings related to their respective motions in limine. The movants shall submit copies of filings by the non-movants, too. That is, Plaintiffs must provide a hard copy of all filings related to Plaintiffs' motions, including responses filed by Defendants, and vice versa. The goal is simply to have a user-friendly set of hard copies for the Court to read. The Court discussed the availability of the parties and the Court for trial, which the parties expect to last five weeks. The Court proposed a trial date of October 16, 2023. By December 14, 2022, the parties shall file a statement addressing that proposed date. If that date is unworkable, the parties must propose alternatives. The parties must submit a proposed scheduling order with proposed dates for the pretrial order, pretrial conference, etc. The statement also must include an update on settlement discussions, including whether there is a joint request for a settlement conference with the Magistrate Judge. In light of the status report filed before Judge Feinerman (before reassignment) (Dckt. No. #234 ), the Court does not believe that it has a need for a supplemental status report. But the Court will pose questions as it sees fit as it climbs the learning curve. Mailed notice (jjr, )
December 7, 2022 Opinion or Order Filing 245 MINUTE entry before the Honorable Steven C. Seeger: As an aside, Plaintiffs' counsel filed a certificate of service on the docket for each of its recent filings, and so did defense counsel. The certificates of service say that counsel filed the document on CM/ECF, and that CM/ECF will send a copy to everyone. That's not necessary, and not particularly illuminating. CM/ECF shows who received a copy through CM/ECF. The CM/ECF stamp on the top of a filing is enough to show that everyone registered on CM/ECF received a copy through CM/ECF. In effect, the stamp itself constitutes a confirmation of service. Filing a certificate of service for a document filed on CM/ECF is not required under the Federal Rules or the Local Rules, either. In fact, Local Rule 5.5(a) expressly makes that very point: "A certificate of service is required only when service of a document filed on the Court's E-Filing system is made on a recipient who is not an E-Filer listed on the docket of the proceeding." Filing a certificate of service on CM/ECF when everyone gets a copy by CM/ECF accomplishes nothing, except burning counsel's time and adding girth to the docket. Even little tasks, and extra pieces of paper here and there, add up afterwhile. The certificates of service from Plaintiffs' counsel (but not from defense counsel) also say that the filings were served by email, too. The case has a long history, and maybe there is a backstory. But as this Court sees it, serving everyone by CM/ECF should be enough. Counsel can agree to serve each other by email, too, if they want to do so. Still, there isn't a need for a certificate of service. There are bigger issues to talk about at the upcoming hearing set for December 8, but even so, counsel should add it to the list. Mailed notice (jjr, )
December 7, 2022 Opinion or Order Filing 244 MINUTE entry before the Honorable Steven C. Seeger: Defendant Cal-Maine Foods's motion to seal (Dckt. No. #155 ) is hereby granted. Plaintiffs' motion to seal (Dckt. No. #162 ) is hereby granted. Plaintiffs' motion for extra pages (Dckt. No. #167 ) is hereby granted. Plaintiffs' motion to seal (Dckt. No. #240 ) is hereby granted. Plaintiffs' motion for leave to file an oversized reply brief (Dckt. No. #241 ) is hereby granted. Defendants' motion to seal (Dckt. No. #242 ) is hereby granted. Mailed notice (jjr, )
December 5, 2022 Opinion or Order Filing 243 MINUTE entry before the Honorable Steven C. Seeger: A status hearing is set for December 8, 2022 at 11:00 a.m. Mailed notice. (jjr, )
December 4, 2022 Opinion or Order Filing 242 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to seal document reply, #238 Defendants' Motion for Leave to File Under Seal Exhibit A to Defendants' Reply in Support of their Motion for Bifurcation of Trial (Attachments: #1 Exhibit A (Public Version))(Otlewski, Patrick)
December 2, 2022 Opinion or Order Filing 241 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company for leave to file / Plaintiffs' Motion for Leave to File an Oversized Reply Brief in Support of Their Santiago Proffer (Fox, Brandon)
December 2, 2022 Opinion or Order Filing 240 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Motion to File Reply Brief in Support of Santiago Proffer Under Seal (Fox, Brandon)
December 2, 2022 Opinion or Order Filing 239 SEALED REPLY by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to sealed response,,,, #203 #164 / Plaintiffs' Reply in Support of Their Santiago Proffer (Attachments: #1 Exhibit 159, #2 Exhibit 160, #3 Exhibit 161, #4 Exhibit 162, #5 Docket - AUGUST THOMSEN CORP. v. PILLSBURY CO.)(Fox, Brandon)
December 2, 2022 Opinion or Order Filing 238 REPLY by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to motion to bifurcate #153 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Otlewski, Patrick)
November 21, 2022 Opinion or Order Filing 237 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 12/5/2022 #235 is stricken. This case has been reassigned #236 . The parties shall contact Judge Seeger for further proceedings. Mailed notice. (jlj, )
November 21, 2022 Opinion or Order Filing 236 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Steven C. Seeger for all further proceedings pursuant to IOP 13(d). Honorable Gary Feinerman no longer assigned to the case. Signed by Executive Committee on 11/21/22. (nsf, )
November 3, 2022 Opinion or Order Filing 235 MINUTE entry before the Honorable Gary Feinerman: Status hearing held and continued to 12/5/2022 at 9:15 a.m. Attorneys/Parties should appear for the 12/5/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
October 28, 2022 Opinion or Order Filing 234 STATUS Report (Joint) by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Attachments: #1 Group Exhibit A)(Fox, Brandon)
October 26, 2022 Opinion or Order Filing 233 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 11/3/2022 at 9:30 a.m. #232 is re-set for 9:00 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
October 14, 2022 Opinion or Order Filing 232 MINUTE entry before the Honorable Gary Feinerman:At the parties' request, the status hearing set for 11/4/2022 #231 is stricken and re-set for 11/3/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
October 13, 2022 Opinion or Order Filing 231 MINUTE entry before the Honorable Gary Feinerman: This case has been reassigned to Judge Feinerman. Status hearing set for 11/4/2022 at 9:15 a.m. By 10/28/2022, the parties shall file a joint status report using the form on Judge Feinerman's web page on this District's website. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
October 13, 2022 Opinion or Order Filing 230 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Gary Feinerman for all further proceedings pursuant to 28:294(b). Honorable Charles P. Kocoras no longer assigned to the case. Signed by Executive Committee on 10/12/22. (nsf, )
October 12, 2022 Opinion or Order Filing 229 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 10/13/2022 is stricken. Mailed notice (vcf, )
October 11, 2022 Opinion or Order Filing 228 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 10/13/2022 at 10:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, )
October 6, 2022 Opinion or Order Filing 227 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to amend/correct Joint Motion to Amend Pretrial Schedule and Set Trial Date (Collins, Patrick)
October 5, 2022 Opinion or Order Filing 226 EXECUTIVE COMMITTEE ORDER: The Honorable Charles R. Norgle, Sr. has retired from regular active service as a United States District Judge effective October 4, 2022. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any case that was assigned to the Honorable Charles R. Norgle, Sr. and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Charles P. Kocoras for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/05/2022.(td, )
October 4, 2022 Opinion or Order Filing 225 MINUTE entry before the Honorable Charles R. Norgle: Telephone Oral Argument on Pretrial Order set for 10/6/2022 at 10:30 a.m. is stricken until further order of court. Mailed notice (smm, )
September 29, 2022 Opinion or Order Filing 223 Notice of Withdrawal of Jason S. Dubner by Rose Acre Farms, Inc. (Dubner, Jason)
September 28, 2022 Opinion or Order Filing 224 MINUTE entry before the Honorable Charles R. Norgle: Joint Motion for temporary relief from certain dates pending court's resetting trial date #222 is granted. Mailed notice (smm, )
September 27, 2022 Opinion or Order Filing 222 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. Joint Motion for Temporary Relief from Certain Dates Pending Court's Resetting Trial Date (Collins, Patrick)
September 27, 2022 Opinion or Order Filing 221 ORDER of Dismissal with prejudice of certain Plaintiffs' claims against Defendant Michael Foods, Inc: IT IS ORDERED AND ADJUDGED that the Stipulation for the dismissal, with prejudice, of Plaintiffs' claims against Michael Foods Inc. are dismissed with each side bearing it own attorneys' fees and costs. Michael Foods Inc. terminated. Signed by the Honorable Charles R. Norgle on 9/27/2022. Mailed notice(smm, )
September 27, 2022 Opinion or Order Filing 220 NOTICE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company re stipulation of dismissal #219 with Prejudice of Certain Plaintiffs' Claims Against Defendant Michael Foods, Inc. (Fox, Brandon)
September 27, 2022 Opinion or Order Filing 219 STIPULATION of Dismissal with Prejudice of Certain Plaintiffs' Claims Against Defendant Michael Foods, Inc. (Fox, Brandon)
September 26, 2022 Opinion or Order Filing 218 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Lohr Alexandria Beck (Beck, Lohr)
September 22, 2022 Opinion or Order Filing 217 ORDER: Joint Motion to advance hearing and reset trial date #216 is denied. By 10/6/2022, the parties shall submit an agreed date for trial, but if they cannot jointly agree, then each party shall submit its own proposed trial date. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle on 9/22/2022. Mailed notice(smm, )
September 21, 2022 Opinion or Order Filing 216 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to reset Trial Date and Advance Motion (Joint) (Fox, Brandon)
September 20, 2022 Opinion or Order Filing 215 MINUTE entry before the Honorable Charles R. Norgle: Plaintiffs' Omnibus Motion to file under seal #209 is granted. Mailed notice (smm, )
September 20, 2022 Opinion or Order Filing 214 MINUTE entry before the Honorable Charles R. Norgle: Defendants' OmnibusMotion for leave to file under seal certain unredacted oppositions to Plaintiffs' Motions in limine and Santiago Proffer #191 is granted. Mailed notice (smm, )
September 20, 2022 Opinion or Order Filing 213 MINUTE entry before the Honorable Charles R. Norgle: IT IS HEREBY ORDERED that: Due to COVID trial protocols, Jury Trial previously set for 10/24/2022 at 10:00 a.m. is stricken and converted to a Telephone Status Hearing on 10/24/2022 at 10:00 A.M. to reset the jury trial. Please dial (888) 684-8852, access code 8119065, to participate in the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (smm, )
September 20, 2022 Opinion or Order Filing 212 MINUTE entry before the Honorable Charles R. Norgle: Counsel are advised that this case is set as a "Back Up Case" on the Jury Trial protocol schedule for 10/24/2022. The 5/2/2022 Order is amended to show Telephone Oral Argument on Pretrial Order from 9/29/2022 to 10/6/2022 at 10:30 a.m. Please dial (888) 684-8852, access code 8119065, to participate in the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (smm, )
September 19, 2022 Opinion or Order Filing 211 STIPULATION regarding motion in limine #166 , motion in limine, #165 / Proposed Trial Stipulations 12-15 and Order (Fox, Brandon)
September 16, 2022 Opinion or Order Filing 210 MINUTE entry before the Honorable Charles R. Norgle: Plaintiffs' Motion to file portion of Plaintiffs' Response to Defendants' Motion for Bifurcation of Trial (the Response) under seal #183 is granted. Mailed notice (smm, )
September 16, 2022 Opinion or Order Filing 209 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Omnibus Motion to File Under Seal (Fox, Brandon)
September 16, 2022 Opinion or Order Filing 208 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Preclude Plaintiffs' Expert from Offering Factual Narrative Testimony #171 / Plaintiffs' Memorandum in Opposition to Defendants' Motion in Limine to Preclude Plaintiffs' Expert From Offering Factual Narrative Testimony (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 207 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Preclude Evidence of Egg Exports #158 / Plaintiffs' Memorandum in Opposition to Defendants' Motion in Limine to Preclude Evidence Regarding Egg Exports (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 206 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Certain Videos and Photographs #161 (Attachments: #1 Exhibit 1 - Filed Under Seal)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 205 RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Certain Videos and Photographs #161 (Attachments: #1 Exhibit 1)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 204 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Prior Complaints, Investigations, and Settlements #169 (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 3 - Filed Under Seal, #3 Exhibit 4 - Filed Under Seal)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 203 SEALED RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. to sealed document, #164 (Attachments: #1 Exhibit 115, #2 Exhibit 116, #3 Exhibit 117, #4 Exhibit 118, #5 Exhibit 119, #6 Exhibit 120, #7 Exhibit 121, #8 Exhibit 122, #9 Exhibit 123, #10 Exhibit 124, #11 Exhibit 125, #12 Exhibit 126, #13 Exhibit 127, #14 Exhibit 128, #15 Exhibit 129, #16 Exhibit 130, #17 Exhibit 131, #18 Exhibit 132, #19 Exhibit 133, #20 Exhibit 134, #21 Exhibit 135, #22 Exhibit 136, #23 Exhibit 137, #24 Exhibit 138, #25 Exhibit 139, #26 Exhibit 140, #27 Exhibit 141, #28 Exhibit 142, #29 Exhibit 143, #30 Exhibit 144, #31 Exhibit 145, #32 Exhibit 146, #33 Exhibit 147, #34 Exhibit 148, #35 Exhibit 149, #36 Exhibit 150, #37 Exhibit 151, #38 Exhibit 152, #39 Exhibit 153, #40 Exhibit 154, #41 Exhibit 155, #42 Exhibit 156, #43 Exhibit 157, #44 Exhibit 158)(Otlewski, Patrick)
September 16, 2022 Opinion or Order Filing 202 RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Prior Complaints, Investigations, and Settlements #169 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 201 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to SEALED MOTION by Defendant Rose Acre Farms, Inc. to Exclude Certain Documents Predating the Alleged Conspiracy #156 (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 -Filed Under Seal, #3 Exhibit 3 - Filed Under Seal)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 200 RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to SEALED MOTION by Defendant Rose Acre Farms, Inc. to Exclude Certain Documents Predating the Alleged Conspiracy #156 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 199 SEALED RESPONSE by United Egg Producers, Inc., United States Egg Marketers, Inc. to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Motion in Limine Number 3 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude Evidence and Testimony About a Nove #175 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sumner, Robin)
September 16, 2022 Opinion or Order Filing 198 MEMORANDUM by United Egg Producers, Inc., United States Egg Marketers, Inc. in Opposition to Sealed motion, #175 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sumner, Robin)
September 16, 2022 Opinion or Order Filing 197 SEALED RESPONSE by United Egg Producers, Inc., United States Egg Marketers, Inc. to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 7 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude any Reference to t #178 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sumner, Robin)
September 16, 2022 Opinion or Order Filing 196 MEMORANDUM by United Egg Producers, Inc., United States Egg Marketers, Inc. in Opposition to Sealed motion, #178 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sumner, Robin)
September 16, 2022 Opinion or Order Filing 195 MEMORANDUM by United Egg Producers, Inc., United States Egg Marketers, Inc. in Opposition to Sealed motion, #173 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Sumner, Robin)
September 16, 2022 Opinion or Order Filing 194 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 5 - Memorandum in Support of Plaintiffs' Motion in Limine to Exclude or Limit Evidence R #180 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM)(Levine, Jay)
September 16, 2022 Opinion or Order Filing 193 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 2 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude Defendants From In #174 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Levine, Jay)
September 16, 2022 Opinion or Order Filing 192 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine / Plaintiffs' Motion in Limine Number 6 - Memorandum in Support of Plaintiffs' Motion in Limine to Exclude any Reference to F #177 (Attachments: #1 Exhibit A)(Levine, Jay)
September 16, 2022 Opinion or Order Filing 191 MOTION by Defendants Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. for leave to file Under Seal Certain Oppositions to Plaintiff's Motions In Limine and Santiago Proffer (Otlewski, Patrick)
September 16, 2022 Opinion or Order Filing 190 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine / Plaintiffs' Omnibus Motion in Limine to Exclude Irrelevant and Prejudicial Evidence #168 (Otlewski, Patrick)
September 16, 2022 Opinion or Order Filing 189 RESPONSE by Cal-Maine Foods, Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in Opposition to SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 8 - Motion in Limine to Preclude John Mueller's Prior Discipline #179 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Otlewski, Patrick)
September 16, 2022 Opinion or Order Filing 188 RESPONSE by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to motion in limine, #163 Regarding Deposition Designations (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fox, Brandon)
September 16, 2022 Opinion or Order Filing 187 SEALED EXHIBIT by Plaintiffs Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Corrected Exhibit 2) regarding sealed response, #185 (Fox, Brandon)
September 15, 2022 Opinion or Order Filing 186 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Allen Thomas Carter (Carter, Allen)
September 15, 2022 Opinion or Order Filing 185 SEALED RESPONSE by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to MOTION by Defendant Cal-Maine Foods, Inc. to bifurcate Trial #153 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fox, Brandon)
September 15, 2022 Opinion or Order Filing 184 RESPONSE by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to motion to bifurcate #153 (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal)(Fox, Brandon)
September 15, 2022 Opinion or Order Filing 183 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to seal / Plaintiffs' Motion to File Under Seal (Fox, Brandon)
September 7, 2022 Opinion or Order Filing 182 TRIAL STIPULATIONS 7-11 AND ORDER. Signed by the Honorable Charles R. Norgle on 9/7/2022. Mailed notice(smm, )
September 2, 2022 Opinion or Order Filing 181 STIPULATION / (Proposed) Trial Stipulations 7-11 and Order (Fox, Brandon)
August 26, 2022 Opinion or Order Filing 180 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 5 - Memorandum in Support of Plaintiffs' Motion in Limine to Exclude or Limit Evidence Regarding Grocers and Certain 30(b)(6) Witness Tesimony (Attachments: #1 Exhibits 1-14, #2 Exhibits 15-28)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 179 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 8 - Motion in Limine to Preclude John Mueller's Prior Discipline (Attachments: #1 Exhibit 1)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 178 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 7 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude any Reference to the Action or Inaction of any Federal or State Antitrust Regulator or the U.S. Department of Agriculture (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 177 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine / Plaintiffs' Motion in Limine Number 6 - Memorandum in Support of Plaintiffs' Motion in Limine to Exclude any Reference to Family Farms (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 176 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine / Plaintiffs' Motion in Limine Number 4 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude Reference to Prior Lawsuits or Trials (Fox, Brandon)
August 26, 2022 Opinion or Order Filing 175 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Motion in Limine Number 3 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude Evidence and Testimony About a November 2011 News Segment About Non-Party Sparboe Farms (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 174 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 2 - Memorandum in Support of Plaintiffs' Motion in Limine to Preclude Defendants From Introducing Evidence of Post-2008 State Laws When Offered to Contest Liability (Attachments: #1 Exhibits 1-24)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 173 SEALED MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Motion in Limine Number 1 - Memorandum in Support of Plaintiffs' Motion in Limine to Exclude (1) Liability Evidence Concerning Conduct or Events After 2008 and (2) Evidence not Produced in Discovery (Attachments: #1 Exhibits 1-10, #2 Exhibits 11-30, #3 Exhibits 31-40, #4 Exhibits 41-50)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 172 SEALED DOCUMENT by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 171 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Preclude Plaintiffs' Expert from Offering Factual Narrative Testimony (Attachments: #1 Exhibit A (SEALED), #2 Exhibit B (SEALED))(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 170 SEALED EXHIBIT by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. regarding MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Prior Complaints, Investigations, and Settlements #169 (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D)(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 169 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Prior Complaints, Investigations, and Settlements (Attachments: #1 Exhibit A (SEALED), #2 Exhibit B, #3 Exhibit C (SEALED), #4 Exhibit D (SEALED))(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 168 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyin limine / Plaintiffs' Omnibus Motion in Limine to Exclude Irrelevant and Prejudicial Evidence (Fox, Brandon)
August 26, 2022 Opinion or Order Filing 167 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company for leave to file excess pages / Plaintiffs' Motion to File Oversized Memorandum (Fox, Brandon)
August 26, 2022 Opinion or Order Filing 166 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine for One Appearance Per Witness Testifying Live (Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 165 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Bar Articles and Books for the Truth of the Matter Asserted (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 164 SEALED DOCUMENT by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company / Plaintiffs' Santiago Proffer (Attachments: #1 Exhibits 1-84, #2 Exhibit 85, #3 Exhibits 86-114)(Fox, Brandon)
August 26, 2022 Opinion or Order Filing 163 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine Regarding Deposition Designations (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 162 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., The Kellogg Company to seal / Plaintiffs' Omnibus Motion to File Under Seal (Fox, Brandon)
August 26, 2022 Opinion or Order Filing 161 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Exclude Certain Videos and Photographs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 160 STIPULATION Regarding Motions in Limine (Otlewski, Patrick)
August 26, 2022 Opinion or Order Filing 159 SEALED MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc. In Limine to Preclude Evidence of Egg Exports (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sumner, Robin)
August 26, 2022 Opinion or Order Filing 158 MOTION by Defendants Cal-Maine Foods, Inc., Michael Foods Inc., Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc.in limine to Preclude Evidence of Egg Exports (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sumner, Robin)
August 26, 2022 Opinion or Order Filing 157 MOTION by Defendant Rose Acre Farms, Inc.in limine to Exclude Certain Documents Predating the Alleged Conspiracy (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Levine, Jay)
August 26, 2022 Opinion or Order Filing 156 SEALED MOTION by Defendant Rose Acre Farms, Inc. to Exclude Certain Documents Predating the Alleged Conspiracy (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Levine, Jay)
August 26, 2022 Opinion or Order Filing 155 MOTION by Defendant Cal-Maine Foods, Inc. to seal certain motions in limine (Otlewski, Patrick)
August 25, 2022 Opinion or Order Filing 154 MINUTE entry before the Honorable Charles R. Norgle: Defendants' Motionfor bifurcation of trial #153 briefing is as follows: Plaintiffs Responses due by 9/15/2022. Defendants Replies due by 9/29/2022. Mailed notice (smm, )
August 24, 2022 Opinion or Order Filing 153 MOTION by Defendant Cal-Maine Foods, Inc. to bifurcate Trial (Attachments: #1 Exhibit Ex. A 962 F.3d 719, #2 Exhibit Ex. B 850 Fed.Appx. 142, #3 Exhibit Ex. C 206 F.Supp.3d 1033)(Otlewski, Patrick)
August 15, 2022 Opinion or Order Filing 152 MINUTE entry before the Honorable Charles R. Norgle: Attorney Lohr A. Beck's Motion for leave to Appear Pro Hac Vice #151 is granted. Filing fee $ 150, receipt number AILNDC-19743382 #151 . Mailed notice (smm, )
August 15, 2022 Opinion or Order Filing 151 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19743382. (Beck, Lohr)
August 2, 2022 Opinion or Order Filing 150 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Kaitlin L Meola (Meola, Kaitlin)
July 22, 2022 Opinion or Order Filing 149 MINUTE entry before the Honorable Charles R. Norgle: Motion to appear pro hac vice #148 is granted. Attorney Eric C. Wood for Cal-Maine Foods, Inc. added. Mailed notice. (cp, )
July 21, 2022 Opinion or Order Filing 148 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19669770. (Wood, Eric)
July 14, 2022 Opinion or Order Filing 147 MINUTE entry before the Honorable Charles R. Norgle: Motion to appear pro hac vice #146 is granted. Mailed notice. (cp, )
July 13, 2022 Opinion or Order Filing 146 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19647562. (Robison, Brian)
July 6, 2022 Opinion or Order Filing 145 ATTORNEY Appearance for Defendant Michael Foods Inc. by Sandra Nicole Booth (Booth, Sandra)
June 30, 2022 Opinion or Order Filing 144 ATTORNEY Appearance for Defendant Michael Foods Inc. by Brian Liegel (Liegel, Brian)
May 2, 2022 Opinion or Order Filing 143 ORDER AMENDING PRETRIAL SCHEDULE AND SETTING TRIAL DATES: Signed by the Honorable Charles R. Norgle on 5/2/2022. Mailed notice. (cp, )
May 2, 2022 Opinion or Order Filing 142 MINUTE entry before the Honorable Charles R. Norgle: Joint motion to amend pretrial schedule and set trial dates #137 is granted. Order to enter. Mailed notice. (cp, )
April 22, 2022 Opinion or Order Filing 141 MINUTE entry before the Honorable Charles R. Norgle: Notice of motion hearing set for 4/29/2022 is stricken. No parties need to appear. Mailed notice. (cp, )
April 22, 2022 Opinion or Order Filing 140 MINUTE entry before the Honorable Charles R. Norgle: Jan P. Levine Unopposed motion to withdraw #138 is granted. Attorney Jan Paula Levine is terminated. Mailed notice. (cp, )
April 22, 2022 Opinion or Order Filing 139 NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to withdraw #138 before Honorable Charles R. Norgle Sr. on 4/29/2022 at 10:30 AM. (Browne, Robert)
April 22, 2022 Opinion or Order Filing 138 MOTION by Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. to withdraw Jan P. Levine Unopposed Motion to Withdraw (Browne, Robert)
April 21, 2022 Opinion or Order Filing 137 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company to amend/correct order on motion for miscellaneous relief,,,,,, set case scheduling order,, #134 / Joint Motion to Amend Pretrial Schedule and Set Trial Dates (Fox, Brandon)
April 5, 2022 Opinion or Order Filing 136 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Brandon D Fox (Fox, Brandon)
April 5, 2022 Opinion or Order Filing 135 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Joel T. Pelz (Pelz, Joel)
March 29, 2022 Opinion or Order Filing 134 ORDER: Motion for status conference #128 is denied as otiose, in light of the joint submission of pending motions filed 3/24/22. The parties shall file a Final Pretrial Order pursuant to the Federal Rules of Civil Procedure to include a set of proposed jury instructions and verdict forms on a date they shall agree upon but not later than 90 days from the entry of this order. Counsel shall also suggest jury trial dates. Signed by the Honorable Charles R. Norgle on 3/29/2022. Mailed notice (cp, )
March 28, 2022 Opinion or Order Filing 133 MINUTE entry before the Honorable Charles R. Norgle: Pursuant to Stipulations for Dismissal filed on 10/17/2019 #21 and 11/11/2019 #25 , Plaintiff Kellogg Company's claims against Defendants Michael Foods, Inc. and Cal-Maine Foods, Inc. are dismissed with prejudice. Each party to bear its own attorneys' fees and costs. Mailed notice (cp, )
March 24, 2022 Opinion or Order Filing 132 Joint Submission of List of Pending Motions by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company and Rose Acre Farms, Inc., United Egg Producers, Inc., United States Egg Marketers, Inc., Michael Foods, Inc., Cal-Maine Foods, Inc. // #128 #130 and #21 #25 (Malysiak, James)
February 9, 2022 Opinion or Order Filing 131 NOTICE by Abigail Hoverman Terry of Change of Address (Terry, Abigail)
February 3, 2022 Opinion or Order Filing 130 ORDER: Before the Court is Plaintiffs' Motion for a Status Conference #128 . The motion is taken under advisement. By March 25, 2022, the parties shall submit an agreed list and schedule for all motions presently pending. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle on 2/3/2022. Mailed notice (cp, )
January 31, 2022 Opinion or Order Filing 129 NOTICE by Brian E Robison of Change of Address (Robison, Brian)
January 31, 2022 Opinion or Order Filing 128 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company for a Status Conference (Malysiak, James)
August 26, 2021 Opinion or Order Filing 127 MINUTE entry before the Honorable Charles R. Norgle: Court has reviewed the Joint Status Report #126 . The need to discuss issues is no longer necessary at this time. The August 30, 2021 status hearing date is stricken. Mailed notice (ewf, )
August 25, 2021 Opinion or Order Filing 126 STATUS Report / Joint Status Report by General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company (Malysiak, James)
August 4, 2021 Opinion or Order Filing 125 MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's Motion for a Status Conference #122 is granted. On August 25, 2021, the parties shall jointly submit a status report to the Court that includes a proposed schedule for preparing the final pretrial order. A telephone status hearing is set for August 30, 2021 at 10:00 a.m. Please dial (888)684-8852, access code 8119065 to participate in the hearing. Mailed notice (ewf, )
August 4, 2021 Opinion or Order Filing 124 MINUTE entry before the Honorable Charles R. Norgle:The notice of motion hearing scheduled for August 6, 2021 is stricken. No appearance is required on Friday, August 6, 2021. The court will issue an order. Mailed notice (ewf, )
July 30, 2021 Opinion or Order Filing 123 NOTICE of Motion by James T. Malysiak for presentment of motion for miscellaneous relief #122 before Honorable Charles R. Norgle Sr. on 8/6/2021 at 10:30 AM. (Malysiak, James)
July 30, 2021 Opinion or Order Filing 122 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Companyfor a Status Conference (Malysiak, James)
July 23, 2021 Opinion or Order Filing 121 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Terrence Joseph Truax (Truax, Terrence)
July 23, 2021 Opinion or Order Filing 120 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Richard Stone (Stone, Richard)
July 23, 2021 Opinion or Order Filing 119 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Amy Marshall Gallegos (Gallegos, Amy)
July 23, 2021 Opinion or Order Filing 118 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Angela M. Allen (Allen, Angela)
December 9, 2020 Opinion or Order Filing 117 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Jay Leonard Levine Donald Michael Barnes (Levine, Jay)
December 8, 2020 Opinion or Order Filing 116 ORDER: Motion to appear pro hac vice #108 is granted; Motion to withdraw as attorney #115 is granted Signed by the Honorable Charles R. Norgle, Sr on 12/8/2020: Mailed notice (daj, )
September 2, 2020 Opinion or Order Filing 115 MOTION by Attorney Stephen R. Brown to withdraw as attorney for General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company. No party information provided (Brown, Stephen)
July 10, 2020 Opinion or Order Filing 114 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
July 7, 2020 Opinion or Order Filing 113 NOTICE by Robert Edward Browne, Jr of Change of Address /Firm Name (Browne, Robert)
July 2, 2020 Opinion or Order Filing 112 NOTICE by Whitney R. Redding of Change of Address /Firm Name (Redding, Whitney)
July 2, 2020 Opinion or Order Filing 111 NOTICE by Whitney R. Redding of Change of Address /Firm Name (Redding, Whitney)
July 1, 2020 Opinion or Order Filing 110 NOTICE by Jan Paula Levine of Change of Address /Firm Name (Levine, Jan)
July 1, 2020 Opinion or Order Filing 109 NOTICE by Robin Peduzzi Sumner of Change of Address /Firm Name (Sumner, Robin)
May 27, 2020 Opinion or Order Filing 108 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17056168. (Robison, Brian)
May 26, 2020 Opinion or Order Filing 107 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
May 22, 2020 Opinion or Order Filing 106 ATTORNEY Appearance for Defendant Michael Foods Inc. by Carrie C. Mahan (Mahan, Carrie)
May 22, 2020 Opinion or Order Filing 105 Corporate Disclosure STATEMENT by Rose Acre Farms, Inc. (Levine, Jay)
May 22, 2020 Opinion or Order Filing 104 Corporate Disclosure STATEMENT by United States Egg Marketers, Inc. (Levine, Jan)
May 22, 2020 Opinion or Order Filing 103 Corporate Disclosure STATEMENT by United Egg Producers, Inc. (Levine, Jan)
May 21, 2020 Opinion or Order Filing 102 Corporate Disclosure STATEMENT by Michael Foods Inc. (Siegel, Stephen)
May 19, 2020 Opinion or Order Filing 101 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Whitney R. Redding (Redding, Whitney)
May 19, 2020 Opinion or Order Filing 100 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Robin Peduzzi Sumner (Sumner, Robin)
May 18, 2020 Opinion or Order Filing 99 Corporate Disclosure STATEMENT by Cal-Maine Foods, Inc. (Kiser, Livia)
May 18, 2020 Opinion or Order Filing 98 STATUS Report by Cal-Maine Foods, Inc. (Collins, Patrick)
May 18, 2020 Opinion or Order Filing 97 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Jan Paula Levine (Levine, Jan)
May 18, 2020 Opinion or Order Filing 96 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Patrick Mark Otlewski (Otlewski, Patrick)
May 18, 2020 Opinion or Order Filing 95 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Livia McCammon Kiser (Kiser, Livia)
May 18, 2020 Opinion or Order Filing 94 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Patrick M. Collins (Collins, Patrick)
May 18, 2020 Opinion or Order Filing 93 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Zachary Thomas Fardon (Fardon, Zachary)
May 18, 2020 Opinion or Order Filing 92 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Andrew Jacob Chinsky (Chinsky, Andrew)
May 18, 2020 Opinion or Order Filing 91 ATTORNEY Appearance for Defendant Cal-Maine Foods, Inc. by Abigail Jane Marie Hoverman (Hoverman, Abigail)
May 5, 2020 Opinion or Order Filing 90 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by James Armand King (corrected) (King, James)
May 4, 2020 Opinion or Order Filing 89 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by James Armand King (King, James)
May 1, 2020 Opinion or Order Filing 88 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Jay Leonard Levine Appearance by Donald M. Barnes (Levine, Jay)
April 30, 2020 Opinion or Order Filing 87 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Jay Leonard Levine (Levine, Jay)
April 24, 2020 Opinion or Order Filing 86 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
April 23, 2020 Opinion or Order Filing 85 NOTICE by Robert Edward Browne, Jr of Change of Address (Browne, Robert)
March 30, 2020 Opinion or Order Filing 84 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket2, )
March 16, 2020 Opinion or Order Filing 83 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (docket1, )
March 12, 2020 Opinion or Order Filing 82 ORDER CONCERNING THE FILING OF THE DESIGNATED RECORD ON REMAND Signed by the Honorable Charles R. Norgle, Sr on 3/12/20. Mailed notice (ph, )
March 12, 2020 Opinion or Order Filing 81 MINUTE entry before the Honorable Charles R. Norgle: Motion for an Order Concerning the Filing of the Designated Record on Remand #76 is granted. Unopposed Plaintiffs' Motion for A Status Conference #78 is granted. A Joint Status Report is due on 4/23/2020. After reviewing the joint report, the court will set a date for a conference shortly thereafter. The parties are not required to appear before the court on Friday, March 13, 2020. Mailed notice (ewf, )
March 12, 2020 Opinion or Order Filing 80 ATTORNEY Appearance for Defendants United Egg Producers, Inc., United States Egg Marketers, Inc. by Robert Edward Browne, Jr (Browne, Robert)
March 10, 2020 Opinion or Order Filing 79 NOTICE of Motion by James T. Malysiak for presentment of motion for miscellaneous relief #78 before Honorable Charles R. Norgle Sr. on 3/13/2020 at 10:30 AM. (Malysiak, James)
March 10, 2020 Opinion or Order Filing 78 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company - Unopposed Plaintiffs' Motion for a Status Conference (Malysiak, James)
March 10, 2020 Opinion or Order Filing 77 NOTICE of Motion by James T. Malysiak for presentment of motion for order, #76 before Honorable Charles R. Norgle Sr. on 3/13/2020 at 10:30 AM. (Malysiak, James)
March 10, 2020 Opinion or Order Filing 76 MOTION by Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company for order - Unopposed Plaintiffs' Motion for an Order Concerning the Filing of the Designated Record on Remand (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Malysiak, James)
March 3, 2020 Opinion or Order Filing 75 ORDER: Motions for Leave to Appear Pro Hae Vice #23 #24 are granted. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on March 3, 2020. Mailed notice (ph, )
February 27, 2020 Opinion or Order Filing 74 ATTORNEY Appearance for Defendant Rose Acre Farms, Inc. by Jason S Dubner (Dubner, Jason)
January 16, 2020 Opinion or Order Filing 73 RECEIVED from Eastern District of Pennsylvania (Philadelphia); Case Number 2:12 cv 88 documents numbered 1-72, consisting of: complaint, amended complaints, answers, mdl order and docket sheet. (Attachments: #1 order, #2 order, #3 first amended complaint, #4 answer, #5 answer, #6 answer, #7 answer, #8 answer, #9 answer, #10 answer, #11 answer, #12 answer, #13 answer, #14 answer, #15 answer, #16 answer, #17 second amended complaint, #18 answer, #19 answer, #20 answer, #21 answer, #22 answer, #23 answer, #24 answer, #25 answer, #26 answer, #27 answer, #28 answer)(las, )
November 11, 2019 Opinion or Order Filing 26 NOTICE by The Kellogg Company re stipulation of dismissal #25 - Notice of Filing Stipulation for Dismissal with Prejudice of Plaintiff The Kellogg Company's Claims Against Defendant Cal-Maine Foods, Inc. (Malysiak, James)
November 11, 2019 Opinion or Order Filing 25 STIPULATION of Dismissal - Stipulation for Dismissal with Prejudice of Plaintiff The Kellogg Company's Claims Against Defendant Cal-Maine Foods, Inc. (Malysiak, James)
October 22, 2019 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16360440. (Stone, Richard)
October 22, 2019 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16360413. (Gallegos, Amy)
October 17, 2019 Opinion or Order Filing 22 NOTICE by The Kellogg Company re stipulation of dismissal #21 - Notice of Filing of Stipulation for Dismissal with Prejudice of Kellogg Company's Claims Against Defendant Michael Foods, Inc. (Malysiak, James)
October 17, 2019 Opinion or Order Filing 21 STIPULATION of Dismissal - Stipulation for Dismissal with Prejudice of Kellogg Company's Claims Against Defendant Michael Foods, Inc. (Malysiak, James)
October 16, 2019 Opinion or Order Filing 20 ATTORNEY Appearance for Defendant Michael Foods Inc. by Elizabeth Carlson Wolicki (Wolicki, Elizabeth)
October 16, 2019 Opinion or Order Filing 19 ATTORNEY Appearance for Defendant Michael Foods Inc. by Stephen J. Siegel (Siegel, Stephen)
October 10, 2019 Opinion or Order Filing 18 WITHDRAWING John F. Kinney, Richard P. Campbell, and Ke Zhang as counsel for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company and substituting James T. Malysiak as counsel of record (Malysiak, James)
October 10, 2019 Opinion or Order Filing 17 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by James T. Malysiak (Malysiak, James)
October 2, 2019 Opinion or Order Filing 16 NOTICE OF EMAIL NOTIFICATION FAILURE, for document #15 sent to Attorney Ke Zhang returned as: Unknown address error. Mailed to attorney Ke Zhang a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@ilnd.uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (mc, )
September 16, 2019 Opinion or Order Filing 15 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Charles R. Norgle, Sr for all further proceedings. Honorable James B. Zagel no longer assigned to the case. Signed by Executive Committee on 9/16/2019. (mma, )
September 13, 2019 Opinion or Order Filing 14 CONDITIONAL REMAND ORDER from MDL Panel remanding case back to the Northern District of Illinois. Mailed notice. (Attachments: #1 Member Case Docket Sheet, #2 Master Docket Sheet)(mma, )
January 4, 2012 Opinion or Order Filing 13 TRANSFERRED to the Eastern District of Pennsylvania the electronic case file.(kj, )
January 3, 2012 Opinion or Order Filing 12 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Eastern District of Pennsylvania.(kj, )
December 13, 2011 Opinion or Order Filing 11 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Stephen Robert Brown (Brown, Stephen)
December 13, 2011 Opinion or Order CASE ASSIGNED to the Honorable James B. Zagel. Designated as Magistrate Judge the Honorable Jeffrey Cole. (mh, )
December 12, 2011 Opinion or Order Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nestle USA, Inc. (Kinney, John)
December 12, 2011 Opinion or Order Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kraft Foods Global, Inc. (Kinney, John)
December 12, 2011 Opinion or Order Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Kellogg Company (Kinney, John)
December 12, 2011 Opinion or Order Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Mills, Inc. (Kinney, John)
December 12, 2011 Opinion or Order Filing 6 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Jason Michael Bradford (Bradford, Jason)
December 12, 2011 Opinion or Order Filing 5 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Ke Zhang (Zhang, Ke)
December 12, 2011 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by Richard P. Campbell (Campbell, Richard)
December 12, 2011 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiffs General Mills, Inc., Kraft Foods Global, Inc., Nestle USA, Inc., The Kellogg Company by John F. Kinney (Kinney, John)
December 12, 2011 Opinion or Order Filing 2 CIVIL Cover Sheet (Kinney, John)
December 12, 2011 Opinion or Order Filing 1 COMPLAINT filed by General Mills, Inc., The Kellogg Company, Kraft Foods Global, Inc., Nestle USA, Inc.; Jury Demand. Filing fee $ 350, receipt number 0752-6650219.(Kinney, John)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Kraft Foods Global, Inc. et al v. United Egg Producers, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kraft Foods Global, Inc.
Represented By: Sati Harutyunyan
Represented By: Brandon D Fox
Represented By: James T. Malysiak
Represented By: Amy Marshall Gallegos
Represented By: Andrianna Deanne Kastanek
Represented By: Angela M. Allen
Represented By: Christian Plummer
Represented By: Christopher Michael Sheehan
Represented By: Jason Michael Bradford
Represented By: Joel T. Pelz
Represented By: John F. Kinney
Represented By: John David Vandeventer
Represented By: Ke Zhang
Represented By: Margaret Mary Hlousek
Represented By: Michael Timothy Brody
Represented By: Reanne Zheng
Represented By: Richard P. Campbell
Represented By: Richard Stone
Represented By: Stephen Robert Brown
Represented By: Terrence Joseph Truax
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: The Kellogg Company
Represented By: Brandon D Fox
Represented By: James T. Malysiak
Represented By: Sati Harutyunyan
Represented By: Amy Marshall Gallegos
Represented By: Andrianna Deanne Kastanek
Represented By: Angela M. Allen
Represented By: Christian Plummer
Represented By: Christopher Michael Sheehan
Represented By: Jason Michael Bradford
Represented By: Joel T. Pelz
Represented By: John F. Kinney
Represented By: John David Vandeventer
Represented By: Ke Zhang
Represented By: Margaret Mary Hlousek
Represented By: Michael Timothy Brody
Represented By: Reanne Zheng
Represented By: Richard P. Campbell
Represented By: Richard Stone
Represented By: Stephen Robert Brown
Represented By: Terrence Joseph Truax
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: General Mills, Inc.
Represented By: Christopher Michael Sheehan
Represented By: Jason Michael Bradford
Represented By: Joel T. Pelz
Represented By: John F. Kinney
Represented By: Brandon D Fox
Represented By: James T. Malysiak
Represented By: Sati Harutyunyan
Represented By: Amy Marshall Gallegos
Represented By: Andrianna Deanne Kastanek
Represented By: John David Vandeventer
Represented By: Ke Zhang
Represented By: Margaret Mary Hlousek
Represented By: Michael Timothy Brody
Represented By: Reanne Zheng
Represented By: Richard P. Campbell
Represented By: Angela M. Allen
Represented By: Christian Plummer
Represented By: Richard Stone
Represented By: Stephen Robert Brown
Represented By: Terrence Joseph Truax
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Nestle USA, Inc.
Represented By: Brandon D Fox
Represented By: James T. Malysiak
Represented By: Joel T. Pelz
Represented By: John F. Kinney
Represented By: John David Vandeventer
Represented By: Sati Harutyunyan
Represented By: Amy Marshall Gallegos
Represented By: Andrianna Deanne Kastanek
Represented By: Angela M. Allen
Represented By: Christian Plummer
Represented By: Christopher Michael Sheehan
Represented By: Jason Michael Bradford
Represented By: Ke Zhang
Represented By: Margaret Mary Hlousek
Represented By: Michael Timothy Brody
Represented By: Reanne Zheng
Represented By: Richard P. Campbell
Represented By: Richard Stone
Represented By: Stephen Robert Brown
Represented By: Terrence Joseph Truax
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United Egg Producers, Inc.
Represented By: Jan Paula Levine
Represented By: Robin Peduzzi Sumner
Represented By: Jessica Ann Ring
Represented By: Kaitlin L Meola
Represented By: Mary S DiRago
Represented By: Robert Edward Browne, Jr.
Represented By: Whitney R. Redding
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States Egg Marketers, Inc.
Represented By: Jan Paula Levine
Represented By: Jessica Ann Ring
Represented By: Kaitlin L Meola
Represented By: Mary S DiRago
Represented By: Robert Edward Browne, Jr.
Represented By: Robin Peduzzi Sumner
Represented By: Whitney R. Redding
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cal-Maine Foods, Inc.
Represented By: Livia McCammon Kiser
Represented By: Patrick M. Collins
Represented By: Abigail Hoverman Terry
Represented By: Andrew Jacob Chinsky
Represented By: Brian E Robison
Represented By: Eric C. Wood
Represented By: Lohr Alexandria Beck
Represented By: Patrick Mark Otlewski
Represented By: Zachary Thomas Fardon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Daybreak Foods, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hillandale Farms Of PA, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Michael Foods Inc.
Represented By: Carrie C. Mahan
Represented By: Brian Liegel
Represented By: Elizabeth Carlson Wolicki
Represented By: Sandra Nicole Booth
Represented By: Stephen J. Siegel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Midwest Poultry Services, L.P.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: National Food Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nucal Foods, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ohio Fresh Eggs, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rose Acre Farms, Inc.
Represented By: Donald Michael Barnes
Represented By: James Armand King
Represented By: Jason S Dubner
Represented By: Joshua Michael Dille
Represented By: Jay Leonard Levine
Represented By: Allen Thomas Carter
Represented By: Ana Elise Perez Crawford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: R.W. Sauder, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sparboe Farms, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?