Iowa Pork Producer Association et al v. Bonta et al
| Iowa Pork Producer Association, Twin Prairie Pork, LLC, Linn Valley Pigs, LLP, New Generation Pork, Inc., Iowa Pork Producers Association and New Generation Pork, Inc |
| Rob Bonta, Karen Ross, Toms Aragn and Tomas Aragon |
| Perdue Premium Meat Company, Inc., d/b/a Niman Ranch and Association of California Egg Farmers |
| 3:2021cv03018 |
| June 18, 2021 |
| US District Court for the Northern District of Iowa |
| Mark A Roberts |
| CJ Williams |
| Constitutional - State Statute |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 65 MINUTE Entry for proceedings held before Judge CJ Williams: Motion Hearing held on 8/13/2021 re #10 Motion to Dismiss, #13 Motion for Preliminary Injunction, #19 Motion to Stay. Plaintiffs Exhibits 1-10 at #13 , #28 , #32 , #51 . Defendants Exhibits at #10 , #33 , #36 . Order to follow. Official Court Record: Patrice Murray PAMurrayReporting@gmail.com (sgw) |
| Filing 64 Exhibit List for: August 13, 2021 Hearing by Tomas Aragon, Rob Bonta, Karen Ross. (Zenor, Adam) Modified on 8/12/2021 to add links to #10 and #13 motions (des) |
| Filing 63 NOTICE by Tomas Aragon, Rob Bonta, Karen Ross Notice of Additional Authority (Morningside v. Rutledge) (Attachments: #1 Morningside v. Rutledge) (Zenor, Adam) Modified on 8/12/2021 to add links to #10 and #13 motions (des) |
| Filing 62 Exhibit List for 8/13/2021 Hearing for: Plaintiffs by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC. (Jensen, Marnie) Modified on 8/12/2021 to add links to #10 and #13 motions (des) |
| Filing 61 RESPONSE re #53 Notice (Other) by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Jensen, Marnie) |
| Filing 60 STIPULATION of Plaintiffs and Defendants Regarding Evidence by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Jensen, Marnie) Modified on 8/11/2021 to add links to #10 and #13 motions (des) |
| Filing 59 AMICUS CURIAE Brief by Association of California Egg Farmers in Support of Defendants. (sgw) |
Filing 58
ORDER granting #46 Motion for Leave to File Amicus Curiae Brief. The Clerk of Court is directed to detach and separately docket ACEFs Amicus Curiae Brief. Signed by Judge CJ Williams on 8/4/2021. (sgw)
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| Filing 57 AMICUS CURIAE Brief by Perdue Premium Meat Company Inc., d/b/a Niman Ranch (Attachments: #1 Declaration of Christopher Oliviero (sgw) |
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Filing 56
ORDER granting #38 Motion for Leave to File Amicus Curiae Brief. The Clerk of Court is directed to detach and separately docket Niman Ranchs Amicus Curiae Brief and the accompanying declaration. Signed by Judge CJ Williams on 8/4/2021. (sgw)
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| Filing 55 TEXT ORDER granting #54 Motion for Leave to Appear Pro Hac Vice for Attorney Mitchell Mirviss on behalf of Amicus Perdue Premium Meat Company, Inc. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. PACER Registration due by 8/17/2021. Signed by Clerk on 8/3/2021. (eAtty Mirviss) (mmc) Modified text to add service on 8/3/2021 (mmc). |
| Filing 54 MOTION for Leave to Appear Pro Hac Vice for Attorney Mitchell Mirviss ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3504655) by Amicus Perdue Premium Meat Company, Inc., d/b/a Niman Ranch (Attachments: #1 Certificate of Good Standing) (Cole, Rockne) Modified text on 8/3/2021 (mmc). |
| Filing 53 NOTICE by Tomas Aragon, Rob Bonta, Karen Ross Notice of Additional Authority (Attachments: #1 Natl Pork Producers Council v. Ross) (Zenor, Adam) |
| Filing 52 NOTICE by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC re #46 MOTION for Leave to File Amicus Curiae Brief in Support of Defendants of Consent to Motion #46 (Jensen, Marnie) |
| Filing 51 REPLY BRIEF re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing filed by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, and Twin Prairie Pork, LLC. (Attachments: #1 Declaration of Pat McGonegle) (pac) |
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Filing 50
ORDER granting #49 Motion for Leave to File Overlength Brief: The Clerk of Court is directed to detach and file the overlength brief and Declaration. Signed by Judge CJ Williams on 7/28/2021. (pac)
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| Filing 49 UNRESISTED MOTION for Leave to File Brief in Excess of the Length Prescribed in the Local Rules by Plaintiffs Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Attachments: #1 Brief, #2 Declaration) (Jensen, Marnie) |
| Filing 48 TEXT ORDER granting #47 Motion for Leave to Appear Pro Hac Vice for Attorney Thomas G. Saunders by Amicus Association of California Egg Farmers. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 7/26/2021. (mmc) |
| DOCKET Annotation re #36 Resistance to #13 Motion : Bound and tabbed copy received in clerk's office. (ksy) Modified text to add link on 7/27/2021 (mmc). |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice for Attorney Thomas G. Saunders ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3497319) by Amicus Association of California Egg Farmers (Attachments: #1 Certificate of Good Standing) (Wadding, Scott) |
| Filing 46 MOTION for Leave to File Amicus Curiae Brief in Support of Defendants by Amicus Association of California Egg Farmers (Attachments: #1 Brief Proposed Amicus Curiae) (Wadding, Scott) |
| Filing 45 NOTICE of Appearance by Scott Michael Wadding on behalf of Association of California Egg Farmers. (Wadding, Scott) |
| Filing 44 NOTICE by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC re #38 MOTION for Leave to File Permission to File Amicus Curiae in Support of Defendants (Jensen, Marnie) |
| Filing 43 BRIEF in Opposition re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing. (ksy) |
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Filing 42
ORDER granting #35 Motion for Leave to File Overlength Brief. The Clerk of Court is directed to detach and file the overlength brief attached at Doc. 35-1. Signed by Judge CJ Williams on 7/21/21. (ksy)
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| Filing 41 TEXT ORDER granting #39 Motion for Leave to Appear Pro Hac Vice for Attorney Roger A. Colaizzi on behalf of Amicus Perdue Premium Meat Company, Inc. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. PACER Registration due by 8/4/2021. Signed by Clerk on 7/21/2021. (eAtty Colaizzi) (mmc) |
| Filing 40 TEXT ORDER granting #34 Motion for Leave to Appear Pro Hac Vice for Attorney Nelson R. Richards on behalf of Defendants Toms Aragn, Rob Bonta, Karen Ross. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. PACER registration due by 8/4/2021. Signed by Clerk on 7/21/2021. (eAtty Richards) (mmc) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice for Attorney Roger A Colaizzi ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3495129) by Amicus Perdue Premium Meat Company, Inc., d/b/a Niman Ranch (Attachments: #1 Certificate of Good Standing) (Cole, Rockne) |
| Filing 38 MOTION for Leave to File Amicus Curiae in Support of Defendants by Amicus Perdue Premium Meat Company, Inc., d/b/a Niman Ranch (Attachments: #1 Brief Proposed Amicus Curiae, #2 Declaration of Christopher Oliviero, #3 Text of Proposed Order Granting Permission to File Amicus Curiae Brief) (Cole, Rockne) Modified text on 7/21/2021 (mmc). |
| Filing 37 NOTICE of Appearance by Rockne Cole on behalf of Perdue Premium Meat Company, Inc., d/b/a Niman Ranch. (Cole, Rockne) |
| Filing 36 RESISTANCE to Motion re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing filed by Tomas Aragon, Rob Bonta, Karen Ross. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Zenor, Adam) |
| Filing 35 UNRESISTED MOTION for Leave to File Overlength Brief by Defendants Tomas Aragon, Rob Bonta, Karen Ross (Attachments: #1 Brief) (Zenor, Adam) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice for Attorney Nelson R. Richards ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3495031) by Defendants Tomas Aragon, Rob Bonta, Karen Ross (Attachments: #1 Certificate of Good Standing) (Zenor, Adam) |
| Filing 33 REPLY to Response to Motion re #10 MOTION to Dismiss Plaintiffs' Amended Petition filed by Tomas Aragon, Rob Bonta, Karen Ross. (Attachments: #1 Appendix, #2 Declaration of Dr. Annette Jones, DVM, #3 Declaration of Benson Yee) (Zenor, Adam) |
| Filing 32 AFFIDAVIT re #28 Brief in Opposition of #10 Motion, Supplemental Declaration of Eldon McAfee by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Glenn, Ryann) Modified text to add link on 7/19/2021 (mmc). |
| Filing 31 TEXT ORDER granting #30 Motion for Leave to Appear Pro Hac Vice for Attorney Natalie Holden on behalf of Plaintiff Iowa Pork Producers Association. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 7/14/2021. (mmc) |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice for Attorney Natalie Holden ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3491149) by Plaintiff Iowa Pork Producers Association (Attachments: #1 Exhibit Certificate of Good Standing - Missouri, #2 Exhibit Certificate of Good Standing - Illinois) (Holden, Natalie) |
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Filing 29
ORDER Setting Hearing on Motion #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing; and #10 MOTION to Dismiss Plaintiffs' Amended Petition : Motion Hearing set for 8/13/2021 01:00 PM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. Signed by Judge CJ Williams on 7/13/2021. (kms)
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| Filing 28 BRIEF in Opposition re #10 MOTION to Dismiss Plaintiffs' Amended Petition, filed by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (kms) |
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Filing 27
ORDER granting #26 Motion for Leave to File Overlength Brief: The Clerk of Court is directed to detach and file the overlength brief attached at Doc. #26 -1 and Exhibits 1 and 2 attached at #26 -2 and #26 -3. Signed by Judge CJ Williams on 7/12/2021. (kms)
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| Filing 26 MOTION for Leave to File Overlength Brief by Plaintiffs Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Attachments: #1 Brief, #2 Exhibit Ex. 1 - Declaration of Eldon McAfee, #3 Exhibit Ex. 2 - Declaration of Pat McGonegle) (Jensen, Marnie) |
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Filing 25
ORDER granting in part and holding in abeyance in part Defendants' #19 Motion to Stay re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing : The Court holds in abeyance its ruling on defendants' motion as it relates to granting the stay. The Court, however, grants in part defendants' alternate request for relief in seeking an extension of time to respond to plaintiffs' preliminary injunction motion. The Court finds defendants' request for an approximately month-long extension of the deadlines is excessive, but the Court does grant a one-week continuance of the deadlines. Defendants' resistance to the motion for a preliminary injunction is now due on July 20, 2021, and plaintiffs' reply brief is now due on July 27, 2021. Plaintiffs also request a hearing in their motion for a preliminary injunction and the Court grants that request. (Doc. #13 ). The parties are instructed to contact the Court at: Sali_vanweelden@iand.uscourts.gov to schedule a hearing. The parties may also present argument on the motion to dismiss at the same hearing. Signed by Judge CJ Williams on 7/9/2021. [see ORDER] (kms)
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| Filing 24 PURSUANT to Local Rule 7.1 Disclosure Statement by Iowa Pork Producers Association (Jensen, Marnie) |
| Filing 23 PURSUANT to Local Rule 7.1 Disclosure Statement by Twin Prairie Pork, LLC (Jensen, Marnie) |
| Filing 22 PURSUANT to Local Rule 7.1 Disclosure Statement by New Generation Pork, Inc (Jensen, Marnie) |
| Filing 21 PURSUANT to Local Rule 7.1 Disclosure Statement by Linn Valley Pigs, LLP (Jensen, Marnie) |
| Filing 20 BRIEF in Opposition re #19 MOTION to Stay re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing filed by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC. (Attachments: #1 Declaration Declaration of Marnie A. Jensen) (Jensen, Marnie) |
| DOCKET Annotation re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing: Paper copy received and stored in Clerk's Office. (pac) |
| Filing 19 MOTION to Stay re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing by Defendants Tomas Aragon, Rob Bonta, Karen Ross (Attachments: #1 Brief) (Zenor, Adam) |
| Filing 18 TEXT ORDER granting #15 Motion for Leave to Appear Pro Hac Vice for Attorney David A. Lopez on behalf of Plaintiff Iowa Pork Producers Association. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 7/1/2021. (mmc) |
| Filing 17 BRIEF in Support re #13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing filed by Plaintiffs Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC. (ksy) |
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Filing 16
ORDER granting in part and denying in part #14 Motion for Leave to File Overlength Brief. that portion of the motion requesting leave to file overlength brief is granted. The Clerk of Court is directed to detach and file the overlength brief attached at Doc. 14-1. Because defendants have not stated their position on the more specific request that both parties be allowed to file briefs in excess of 20 pages, the Court denies this portion of the motion. Signed by Judge CJ Williams on 6/30/21. (ksy)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice for Attorney David A. Lopez ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3482859) by Plaintiff Iowa Pork Producers Association (Attachments: #1 Exhibit Certificate of Good Standing) (Lopez, David) |
| Filing 14 MOTION for Leave to File Brief in Excess of the Length Prescribed in the Local Rules by Plaintiffs Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Attachments: #1 Brief in Support of Motion for Preliminary Injunction Expedited Relief and Hearing Requested) (Jensen, Marnie) Modified text on 6/30/2021 (pac). |
| Filing 13 MOTION for Preliminary Injunction and Request for Expedited Relief and Hearing by Plaintiffs Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc, Twin Prairie Pork, LLC (Attachments: #1 Declaration of Dr. Janeen Salak-Johnson, Ph.D., #2 Declaration of Dr. Glynn Tonsor - Part 1, #3 Declaration of Dr. Glynn Tonsor - Part 2, #4 Declaration of Dr. Glynn Tonsor - Part 3, #5 Declaration of Dr. Glynn Tonsor - Part 4, #6 Declaration of Dr. Glynn Tonsor - Part 5, #7 Declaration of Dr. Glynn Tonsor - Part 6, #8 Declaration of Dr. Glynn Tonsor - Part 7, #9 Declaration of Dr. Glynn Tonsor - Part 8, #10 Declaration of Dr. Glynn Tonsor - Part 9, #11 Declaration of Dr. Glynn Tonsor - Part 10, #12 Declaration of Dr. Glynn Tonsor - Part 11, #13 Declaration of Pat McGonegle, #14 Declaration of Scott Tenley, of Linn Valley Pigs LLP, #15 Declaration of Christopher S. Schroeder, of Twin Prairie Pork, LLC, #16 Declaration of Christopher S. Schroeder, of New Generation Pork, Inc.) (Jensen, Marnie) |
| Filing 12 TEXT ORDER granting #11 Motion for Leave to Appear Pro Hac Vice for Attorney Marnie Anne Jensen on behalf of Plaintiff Iowa Pork Producers Association. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 6/29/2021. (mmc) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for Attorney Marnie Anne Jensen ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3480923) by Plaintiff Iowa Pork Producers Association (Attachments: #1 Exhibit Nebraska Certificate of Good Standing, #2 Exhibit Illinois Certificate of Good Standing) (Jensen, Marnie) |
| Filing 10 MOTION to Dismiss Plaintiffs' #4 Amended Petition by Defendants Tomas Aragon, Rob Bonta, Karen Ross Responses due by 7/9/2021 (Attachments: #1 Brief Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Request for Judicial Notice, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) (Zenor, Adam) Modified text to add link on 6/28/2021 (mmc). |
| Filing 9 NOTICE of Appearance by Ryann Ashley Glenn on behalf of Iowa Pork Producers Association. (Glenn, Ryann) |
| Filing 8 NOTICE of Appearance by Adam D Zenor on behalf of Tomas Aragon, Rob Bonta, Karen Ross. (Zenor, Adam) |
| Filing 7 DOCKET Annotation: Please find New Removal Case Packet Attached. (mmc) |
| Filing 6 TEXT ORDER granting #2 Motion for Leave to Appear Pro Hac Vice for Attorney Marla R. Weston on behalf of Defendants Toms Aragn, Rob Bonta, Karen Ross. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 6/21/2021. (mmc) |
| Filing 5 NOTICE to Attorney(s) Marnie Jensen, Julie Vyskocil, and Erin Herbold Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 7/6/2021. (mmc) Modified on 6/21/2021 to add service (mmc). (eAttys Vyskocil, Herbold, and Jensen) |
| Filing 4 AMENDED STATE Court Petition by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc., Twin Prairie Pork, LLC. (mmc) (Main Document 4 replaced on 6/21/2021 to attach correct document) (mmc). |
| Filing 3 STATE Court Petition by Iowa Pork Producers Association, Linn Valley Pigs, LLP, New Generation Pork, Inc., Twin Prairie Pork, LLC. (mmc) |
| Judge CJ Williams and Magistrate Judge Mark A Roberts added. Conflicts checked; none found. (mmc) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice for Attorney Marla R. Weston ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3474504) by Defendants Toms Aragn, Rob Bonta, Karen Ross (Attachments: #1 Certificate of Good Standing) (Zenor, Adam) |
| Filing 1 NOTICE of Removal from Franklin County, Iowa, case number CVCV501890. ( Filing fee $ 402 receipt number AIANDC-3474490), filed by Rob Bonta, Karen Ross, Toms Aragn. Scheduling Report due by 8/17/2021 (Attachments: #1 Civil Cover Sheet, #2 Exhibit A State Court Filing, #3 Exhibit B State Court Filing, #4 Exhibit C State Court Filing, #5 Exhibit D State Court Filing, #6 Exhibit E State Court Filing, #7 Exhibit F State Court Filing, #8 Exhibit G State Court Filing, #9 Exhibit H State Court Filing, #10 Exhibit I State Court Filing, #11 Exhibit J State Court Filing, #12 Exhibit K State Court Filing, #13 Exhibit L State Court Filing, #14 Exhibit M State Court Filing, #15 Exhibit N State Court Filing, #16 Exhibit O State Court Filing, #17 Exhibit P State Court Filing) (Zenor, Adam) |
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