Fernandez v. Tyson Foods, Inc et al
| Oscar Fernandez and Estate of Isidro Fernandez |
| Elizabeth Croston, Dean Banks, Hamdija Beganovic, Missia Abad Bernal, Stephen R Stouffer, John H Tyson, Mary A Oleksiuk, Ramiz Muheljic, Tom Brower, James Hook, Tom Hart, Noel W White, John/Jane 1-10 Does, Tyson Foods, Inc., Tyson Fresh Meats, Inc., Bret Tapken, Tyson Foods, Inc, John Casey, Cody Brustkern and Tyson Fresh Meats, Inc |
| Public Citizen |
| 6:2020cv02079 |
| October 2, 2020 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| Linda R Reade |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 UNRESISTED Motion for extension to submit Scheduling Order and Discovery Plan or in the alternative request a scheduling conference by Defendants Dean Banks, Tom Brower, Cody Brustkern, John Casey, Tom Hart, Stephen R Stouffer, Bret Tapken, John H Tyson, Tyson Foods, Inc, Tyson Fresh Meats, Inc, Noel W White (Driscoll, Kevin) |
Filing 36
ORDER granting in part and denying in part #32 JOINT UNRESISTED Motion for Defendants' deadline to move to dismiss First Amended Complaint: Defendants shall have to Friday, December 11, 2020 to file any motion(s) to dismiss Plaintiffs' First Amended Complaint. Plaintiffs shall have until Monday, January 11, 2021 to file any response(s) to any motion(s) to dismiss the First Amended Complaint filed by Defendants. No further extensions will be granted to the parties' agreed upon deadlines. The parties' request to continue the deadline for submitting the Scheduling Order and Discovery Plan is DENIED. The current deadline of December 1, 2020 for filing the Scheduling Order and Discovery Plan remains firm. Additionally, Defendants' #20 MOTION to Dismiss for Failure to State a Claim is DENIED as moot. Similarly, Defendants Tyson Foods, Inc.'s and Tyson Fresh Meats, Inc.'s Motion to Dismiss #21 is DENIED as moot. Signed by Judge Linda R Reade on 11/18/2020. [see ORDER] (kms)
|
| Filing 35 WAIVER OF SERVICE Returned Executed by John Casey. John Casey waiver sent on 11/13/2020, answer due 1/12/2021. (Driscoll, Kevin) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Bret Tapken. Bret Tapken waiver sent on 11/13/2020, answer due 1/12/2021. (Driscoll, Kevin) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Cody Brustkern. Cody Brustkern waiver sent on 11/13/2020, answer due 1/12/2021. (Driscoll, Kevin) |
| Filing 32 JOINT UNRESISTED Motion for Defendants' deadline to move to dismiss First Amended Complaint; Plaintiffs' deadline for responding to such Motions; and deadline to submit Scheduling Order and Discovery Plan by Defendants Dean Banks, Tom Brower, Cody Brustkern, John Casey, Tom Hart, Stephen R Stouffer, Bret Tapken, John H Tyson, Tyson Foods, Inc, Tyson Fresh Meats, Inc, Noel W White (Driscoll, Kevin) |
| Filing 31 RESISTANCE to Motion re #22 MOTION to Remand filed by Dean Banks, Tom Brower, Cody Brustkern, John Casey, Tom Hart, Stephen R Stouffer, Bret Tapken, John H Tyson, Tyson Foods, Inc, Tyson Fresh Meats, Inc, Noel W White. (Attachments: #1 Declaration of Barbara Masters in Support of Tyson's Resistance to Motion to Remand, #2 Exhibit A - CISA and DHS, #3 Exhibit B - Email showing FSIS Coordination, #4 Exhibit C - Homeland Security Presidential Directive 7_CISA, #5 Exhibit D - Tyson Employee Letter & Critical Supplier Communication, #6 Exhibit E - Emails re Tyson Foods PPE_Sanitation Needs, #7 Exhibit F - Re_Mean and Poultry COVID-19 PPE Needs Form - Beef Packers, #8 Exhibit G - POTUS Coronavirus Guidelines, #9 Exhibit H - USDA APHIS_USDA's Office of Food Safety & Marketing & Regulatory Programs Statement, #10 Exhibit I - Bronsteins statement_Coronavirus questionnaires memo for establments, #11 Exhibit J - FSIS Notice 18-20 Covid-19 Funding Use for Payroll and Travel, #12 Exhibit K - April 28, 2020 Executive Order) (Driscoll, Kevin) |
| Filing 30 Summons Issued as to Cody Brustkern, John Casey, and Bret Tapken. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 Civil Case Packet) (pac) |
| Filing 29 FIRST AMENDED Complaint with Jury Demand against All Defendants, filed by Oscar Fernandez. (Attachments: #1 Redlined version of 1st Amended Complaint) (Phillips, Gabriel) Modified text on 11/13/2020 (skm). |
| Filing 28 BRIEF in Support re #22 MOTION to Remand filed by Public Citizen. (Pulver, Adam) |
|
Filing 27
ORDER granting #23 Unresisted Motion for Leave to File Brief of Public Citizenas Amicus Curiae. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 11/10/2020. (mmc)
|
| Filing 26 *TEXT ORDER ONLY* granting #25 MOTION for Leave to Appear Pro Hac Vice for Attorney Adam R. Pulver (Pro Hac Vice Fee $100 receipt number AIANDC-3321100): Upon review of the motion and certificate of good standing, the court finds the motion should be granted. It is so ordered that Attorney Adam R Pulver is authorized to appear on behalf of Amicus Public Citizen. Signed by Clerk on 11/6/2020. (pac) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for Attorney Adam R. Pulver ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3321100) by Amicus Public Citizen (Attachments: #1 Exhibit Certificate of Good Standing) (Pulver, Adam) |
| Judge Linda R Reade added (no conflicts identified). Chief Magistrate Judge Kelly K.E. Mahoney no longer assigned as presider to case. (pac) |
| Filing 24 NOTICE of Appearance by Jay Madison Smith on behalf of Public Citizen Litigation Group. (Smith, Jay) Modified text on 11/5/2020 (pac). |
| Filing 23 UNRESISTED MOTION For Leave to File Brief of Public Citizen as Amicus Curiae by Intervenor Plaintiff Public Citizen Litigation Group (Attachments: #1 Brief) (Smith, Jay) |
| Filing 22 MOTION to Remand by Plaintiff Oscar Fernandez Responses due by 11/16/2020 (Attachments: #1 Brief) (Frerichs, Thomas) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by Defendants Tyson Foods, Inc, Tyson Fresh Meats, Inc (Attachments: #1 Brief in Support of Motion to Dismiss) (Driscoll, Kevin) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim by Defendants Dean Banks, Hamdija Beganovic, Missia Abad Bernal, Tom Brower, Elizabeth Croston, Tom Hart, James Hook, Ramiz Muheljic, Mary A Oleksiuk, Stephen R Stouffer, John H Tyson, Noel W White (Attachments: #1 Brief in Support of Motion to Dismiss Individual Defendants) (Driscoll, Kevin) |
| Filing 19 *TEXT ORDER ONLY* granting #18 MOTION for Leave to Appear Pro Hac Vice for Attorney Christopher S Coleman (Pro Hac Vice Fee $100 receipt number AIANDC-3315520): Upon review of the motion and certificate of good standing, the court finds the motion should be granted. It is so ordered that Attorney Christopher S Coleman is authorized to appear on behalf of the Defendants. Signed by Clerk on 10/28/2020. (pac) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for Attorney Christopher S. Coleman ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3315520) by Defendants Dean Banks, Hamdija Beganovic, Missia Abad Bernal, Tom Brower, Elizabeth Croston, Tom Hart, James Hook, Ramiz Muheljic, Mary A Oleksiuk, Stephen R Stouffer, John H Tyson, Tyson Foods, Inc, Tyson Fresh Meats, Inc, Noel W White (Coleman, Christopher) |
| Filing 17 CORPORATE Disclosure Statement by Tyson Foods, Inc. identifying Other Affiliate Cobb-Vantress, Inc., Other Affiliate Global Employment Services, Inc., Other Affiliate National Comp Care, Inc., Other Affiliate Southwest Products, LLC, Other Affiliate TyNet Corporation, Other Affiliate Tyson Breeders, Inc., Other Affiliate Tyson Chicken, Inc., Other Affiliate Tyson Farms, Inc., Other Affiliate Tyson International Company, Ltd., Other Affiliate Tyson Mexican Original, Inc., Other Affiliate Tyson Poultry, Inc., Other Affiliate Tyson Sales and Distribution, Inc., Other Affiliate Tyson Shared Services, Inc., Other Affiliate WBA Analytical Laboratories, Inc., Other Affiliate ABW Intermediate Limited, Other Affiliate Advance Food Company, LLC, Other Affiliate Advance Pierre Foods, Inc., Other Affiliate Aidells Sausage Company, Inc., Other Affiliate Allied Specialty Foods, Inc., Other Affiliate APF Legacy Subs, LLC, Other Affiliate Artisan Bread Co., LLC, Other Affiliate Australian Food Corporation Pty Limited, Other Affiliate Barber Foods, LLC, Other Affiliate Bryan Foods, Inc., Other Affiliate C.S. Grain, LLC, Other Affiliate C.V. Holdings, Inc., Other Affiliate CBFA Management Corp., Other Affiliate Central Industries, Inc., Other Affiliate Chefs Pantry, LLC, Other Affiliate Clovervale Farms, LLC, Other Affiliate Cobb (Shanghai) Enterprise Management Consulting Co., Ltd., Other Affiliate Cobb Ana Damizlik Tavukculuk Sanayi Ve Ticaret Limited Sirketi, Other Affiliate Cobb Columbia S.A.S., Other Affiliate Cobb Europe B.V., Other Affiliate Cobb Europe Limited, Other Affiliate Cobb Peru (Andina) S.A.C., Other Affiliate Cobb-Heritage, LLC, Other Affiliate Cobb-Vantress Brasil, Ltda, Other Affiliate Cobb-Vantress New Zealand Limited, Other Affiliate Cobb-Vantress Philippines, Inc., Other Affiliate Coominya AFC Pty Limited, Other Affiliate DFG Foods, Inc., Other Affiliate DFG Foods, L.L.C., Other Affiliate Egbert LLC, Other Affiliate Equity Group - Georgia Division LLC, Other Affiliate Equity Group - Kentucky Division LLC, Other Affiliate Equity Group Eufaula Division, LLC, Other Affiliate Equity Meat Corp., Other Affiliate Flavor Corp., Other Affiliate Flavor Holdings, Inc., Other Affiliate Foodbrands America, Inc., Other Affiliate Foodbrands Supply Chain Services, Inc., Other Affiliate Gallo Salame, Inc., Other Affiliate Golden Island Jerky Company, Inc., Other Affiliate Golden West Foods Limited, Other Affiliate Grow-Out Credit LLC, Other Affiliate Grow-out Holdings, LLC, Other Affiliate Hudson Midwest Foods, Inc., Other Affiliate Hybro Genetics Brasil Ltda, Other Affiliate IBP Caribbean, Inc., Other Affiliate IBP Foodservice, L.L.C., Other Affiliate IBP Redevelopment Corporation, Other Affiliate International Affiliates & Investment LLC, Other Affiliate Jiangsu Tyson Foods Co., Ltd., Other Affiliate Keydutch Finance B.V., Other Affiliate Keydutch Holdings I LLC, Other Affiliate Keydutch Holdings II LLC, Other Affiliate Keydutch Investments B.V., Other Affiliate Keystone CLJV Holdings Limited, Other Affiliate Keystone County House Road, LLC, Other Affiliate Keystone Foods (AP) Limited, Other Affiliate Keystone Foods Holdco LLC, Other Affiliate Keystone Foods Intermediate LLC, Other Affiliate Keystone Foods LLC, Other Affiliate Keystone Foods Pty Limited, Other Affiliate Keystone Management, Inc., Other Affiliate Keystone Receivables Financing LLC, Other Affiliate Keystone Trading (Shanghai) Company Limited, Other Affiliate LD Foods LLC, Other Affiliate M & M Express, LLC, Other Affiliate M & M Restaurant Supply (MI/OH), LLC, Other Affiliate Mac Food Services (Malaysia) SDN. BHD., Other Affiliate Madison Foods, Inc., Other Affiliate McKey Food Services (Hong Kong) Limited, Other Affiliate McKey Food Services (Shandong) Limited, Other Affiliate McKey Food Services (Thailand) Limited, Other Affiliate McKey Food Services Limited, Other Affiliate McKey Luxembourg Holdings APMEA S.a.r.l, Other Affiliate McKey Luxembourg Holdings S.a.r.l, Other Affiliate McKey Luxembourg S.a.r.l, Other Affiliate McKey VI Holdings Limited, Other Affiliate MFG (USA) Holdings, Inc., Other Affiliate Myung Seung Food Company, Ltd., Other Affiliate New Canada Holdings, Inc., Other Affiliate Oaklawn Capital Corporation, Other Affiliate Oaklawn IT Solution Private Limited, Other Affiliate Original Philly Holdings, Inc., Other Affiliate PBX, inc., Other Affiliate Pierre Holdco. Inc., Other Affiliate River Valley Ingredients, LLC, Other Affiliate Rizhao Tyson Foods Co., Ltd., Other Affiliate Rizhao Tyson Poultry Co., Ltd., Other Affiliate Rural Energy Systems, Inc., Other Affiliate Sara Lee - Kiwi Holdings, LLC, Other Affiliate Sara Lee Diversified, LLC, Other Affiliate Sara Lee Foods, LLC, Other Affiliate Sara Lee Household & Body Care Malawi Ltd., Other Affiliate Sara Lee International LLC, Other Affiliate Sara Lee International TM Holdings LLC, Other Affiliate Sara Lee Mexicana Holdings Investment, L.L.C., Other Affiliate Sara Lee TM Holdings LLC, Other Affiliate Sara Lee Trademark Holdings Australasia LLC, Other Affiliate Saramar, L.L.C., Other Affiliate Shandong Keystone Chinwhiz Foods Co. Ltd., Other Affiliate Shandong Tyson-Da Long Food Company Limited, Other Affiliate Southern Family Foods, L.L.C., Other Affiliate Tecumseh Poultry LLC, Other Affiliate Texas Transfer, Inc., Other Affiliate The Bruss Company, Other Affiliate The Hillshire Brands Company, Other Affiliate THe IBP Foods Co., Other Affiliate The Pork Group, Inc., Other Affiliate Tyson (Shanghai) Enterprise Management Consulting Co. Ltd., Other Affiliate Tyson Americas Holding Sarl, Other Affiliate Tyson China Holding 2 Limited, Other Affiliate Tyson China Holding 3 Limited, Other Affiliate Tyson China Holding Limited, Other Affiliate Tyson Deli, Inc., Other Affiliate Tyson Europe Holding Company, Other Affiliate Tyson Farms QOZB, LLC, Other Affiliate Tyson Foods Brasil Investmentos Ltda., Other Affiliate Tyson Foods Canada, Inc. (Les Ailments Tyson Canada Inc.), Other Affiliate Tyson Foods Huadong Development Co., Ltd (Tyson Foods East China Development Co., Ltd., Other Affiliate Tyson Foods, Inc., Other Affiliate Tyson Fresh Meats, Inc., Other Affiliate Tyson Global Holding Sarl, Other Affiliate Tyson Hog Markets, Inc., Other Affiliate Tyson India Holdings Ltd., Other Affiliate Tyson International Holding Company, Other Affiliate Tyson International Service Center, Inc., Other Affiliate Tyson International Service Center, Inc. Asia, Other Affiliate Tyson International Service Center, Inc. Europe, Other Affiliate Tyson Mexico Trading Company S. de R.L. de CV, Other Affiliate Tyson New Ventures, LLC, Other Affiliate Tyson of Wisconsin, LLC, Other Affiliate Tyson Opportunity Zone Fund, LLC, Other Affiliate Tyson Pet Products, Inc., Other Affiliate Tyson Prepared Foods, Inc., Other Affiliate Tyson Processing Services, Inc., Other Affiliate Tyson Refrigerated Process Meats, Inc., Other Affiliate Tyson Service Center Corp., Other Affiliate Tyson Storm Lake Holdings, LLC, Other Affiliate Tyson Warehousing Services, LLC, Other Affiliate Uninex SA, Other Affiliate Wilton Foods, Inc., Other Affiliate Zemco Industries, Inc., Other Affiliate AdvancePierre Foods Holdings, Inc., Other Affiliate Cobb (Hubei) Breeding Co. Ltd., Other Affiliate Haimen Tyson Poultry Development Co., Ltd, Other Affiliate Northern Mockingbird Pte. Ltd. for Tyson Foods, Inc.. (Driscoll, Kevin) |
| Filing 16 CORPORATE Disclosure Statement by Tyson Fresh Meats, Inc. identifying Other Affiliate Tyson Foods, Inc for Tyson Fresh Meats, Inc.. (Driscoll, Kevin) |
|
Filing 15
ORDER: Defendants' deadline to file a motion to dismiss is October 30, 2020. Plaintiff's deadline to file a response to Defendant's motion to dismiss is November 30, 2020. Signed by Magistrate Judge Mark A Roberts on 10/15/2020. (skm)
|
| Filing 14 MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Status Conference held on 10/15/2020. Order to follow (Official Court Record: FTR Gold). (skm) |
| Chief Magistrate Judge Kelly K.E. Mahoney added. Magistrate Judge Mark A Roberts no longer assigned to case. (reassigned pursuant to all chambers, if DJ is assigned, it should be LRR-related case 20cv2055-LRR-KEM) (kms) |
| Filing 13 CERTIFICATE OF SERVICE by Tyson Foods, Inc., Tyson Fresh Meats, Inc. Notice of Service of Notice of Assignment to United States Magistrate (Driscoll, Kevin) |
|
Filing 12
ORDER granting #5 Joint Motion for Scheduling Conference with the Magistrate Judge. Telephonic Scheduling Conference set for 10/15/2020 01:30 PM before Magistrate Judge Mark A Roberts (See Order text for instructions to participate. Signed by Magistrate Judge Mark A Roberts on 10/13/2020. (des)
|
| Filing 11 *TEXT ORDER ONLY* granting #7 MOTION for Leave to Appear Pro Hac Vice for Attorney Bryan Ulmer, III, #8 MOTION for Leave to Appear Pro Hac Vice for Attorney Mel C Orchard, III, #9 MOTION for Leave to Appear Pro Hac Vice for Attorney Gabriel James Phillips, and #10 MOTION for Leave to Appear Pro Hac Vice for Attorney Mary Z Gaston: Upon review of the motions and certificates of good standing, the court finds the motions should be granted. It is so ordered that Attorneys G Bryan Ulmer, III, Mel C Orchard, III, and Gabriel J Phillips are authorized to appear on behalf of Plaintiff Oscar Fernandez. It is further ordered that Attorney Mary Z Gaston is authorized to appear on behalf of Defendants Dean Banks, Hamdija Beganovic, Missia Abad Bernal, Tom Brower, Elizabeth Croston, John/Jane 1-10 Does, Tom Hart, James Hook, Ramiz Muheljic, Mary A Oleksiuk, Stephen R Stouffer, John H Tyson, Tyson Foods, Inc, Tyson Fresh Meats, Inc, and Noel W White. Signed by Clerk on 10/13/2020. (pac) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for Attorney Mary Z. Gaston by Defendants Dean Banks, Hamdija Beganovic, Missia Abad Bernal, Tom Brower, Elizabeth Croston, John/Jane 1-10 Does, Tom Hart, James Hook, Ramiz Muheljic, Mary A Oleksiuk, Stephen R Stouffer, John H Tyson, Tyson Foods, Inc., Tyson Fresh Meats, Inc., Noel W White (Attachments: #1 Exhibit Certificate of Good Standing) (Gaston, Mary) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for Attorney Gabriel James Phillips ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3303563) by Plaintiff Oscar Fernandez (Attachments: #1 Certificate of Good Standing) (Frerichs, Thomas) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Attorney Mel C. Orchard, III ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3303532) by Plaintiff Oscar Fernandez (Attachments: #1 Certificate of Good standing - Utah, #2 Certificate of Good Standing - Wyoming) (Frerichs, Thomas) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for Attorney Bryan Ulmer, III ( Pro Hac Vice Fee $ 100 receipt number BIANDC-3303498) by Plaintiff Oscar Fernandez (Attachments: #1 Certificate of Good Standing) (Frerichs, Thomas) |
|
Filing 6
ORDER: The Court extends the deadline for Defendants to file an answer to the petition or a responsive pleading to October 16, 2020. Signed by Magistrate Judge Mark A Roberts on 10/7/2020. (jjh)
|
| Filing 5 JOINT MOTION for Scheduling Conference with Magistrate Judge Pursuant to Local Rule 16(E) by Plaintiff Oscar Fernandez (Frerichs, Thomas) |
| Filing 4 DOCKET Annotation: Please find attached the case packet used in removal cases. (pac) |
| Filing 3 NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due by 11/4/2020. (pac) |
| Filing 2 STATE Court Petition with Jury Demand by Oscar Fernandez. (pac) |
| Magistrate Judge Mark A Roberts added (no conflicts identified). (pac) |
| Set Deadline: Defendants Tyson Foods, Inc and Tyson Fresh Meats, Inc's LR 7.1 Disclosure Statement due by 10/23/2020. (pac) |
| Filing 1 NOTICE of Removal from Black Hawk County, case number LACV140822. ( Filing fee $ 400 receipt number AIANDC-3298328), filed by Hamdija Beganovic, Tom Brower, Missia Abad Bernal, Stephen R Stouffer, Tom Hart, Elizabeth Croston, Tyson Fresh Meats, Inc., Ramiz Muheljic, James Hook, Tyson Foods, Inc., John H Tyson, Noel W White, Dean Banks, John/Jane 1-10 Does, Mary A Oleksiuk. Scheduling Report due by 12/1/2020 (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 LR 81 Statement) (Driscoll, Kevin) |
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 Iowa Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
