Cheney Brothers, Inc. v. Agri Stats, Inc. et al
Plaintiff: Cheney Brothers, Inc.
Defendant: Seaboard Foods LLC, Clemens Food Group, LLC, Agri Stats, Inc., Hormel Foods, LLC, Triumph Foods, LLC, Tyson Prepared Foods, Inc., Hormel Foods Corporation, JBS USA Food Company, Smithfield Foods, Inc., Clemens Family Corporation, The, Tyson Foods, Inc. and Tyson Fresh Meats, Inc.
Case Number: 0:2021cv01373
Filed: June 10, 2021
Court: US District Court for the District of Minnesota
Presiding Judge: Hildy Bowbeer
Referring Judge: John R Tunheim
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2021 Opinion or Order Filing 22 TEXT ONLY ORDER: In view of the case management conference in all In Re Pork related cases that will be held in the near future before Chief Judge John R. Tunheim, the case management conference that was set for July 15, 2021, at 10:00 a.m. Central time before Magistrate Judge Bowbeer, is CANCELLED, and no further submissions required by Judge Bowbeer for that conference need be filed. Ordered by Magistrate Judge Hildy Bowbeer on 7/9/2021.(LNP)
July 1, 2021 Opinion or Order Filing 21 TEXT ONLY ORDER: This matter is before the Court on the letter from counsel in In Re Pork Antitrust Litigation, 18-cv-1776 (ECF No. 814 ), recommending that counsel for the parties in Cheney Bros. v. Agri Stats, et al, 21-cv-1373 (JRT/HB), Sysco Corp. v. Agri Stats, et al, 21-cv-1374 (JRT/HB), and Action Meat Distributors v. Agri Stats, et al, 21-cv-1454 (JRT/HB), all of which were recently transferred to this district by conditional transfer order in connection with the recently created MDL In Re: Pork Antitrust Litigation, 21-md-2998 (JRT/HB), be included in the case management conference that has been scheduled for July 15, 2021, at 10:00 a.m. Central time (ECF No. 796 ). The Court agrees, and accordingly IT IS ORDERED that counsel for the parties in the Cheney Bros., Sysco, and Action Meat cases shall attend the July 15, 2021 case management conference, which shall be conducted by Zoom. Instructions for accessing the Zoom conference will be provided to counsel in all cases a few days before the conference. IT IS FURTHER ORDERED that the parties shall file their coordination and scheduling proposals no later than 5:00 p.m. Central time on July 8, 2021. Ordered by Magistrate Judge Hildy Bowbeer on 7/1/2021.(LNP)
June 11, 2021 Opinion or Order Filing 20 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing David B. Esau; Garth T. Yearick; Sami H. Rashid; Christa Cottrell; Richard A. Duncan; Peter Schwingler; Brian E. Robison; Christopher A. Smith; Tiffany Rider Rohrbaugh; William L. Monts III as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (lmb) cc: David B. Esau; Garth T. Yearick; Sami H. Rashid; Christa Cottrell; Richard A. Duncan; Peter Schwingler; Brian E. Robison; Christopher A. Smith; Tiffany Rider Rohrbaugh; William L. Monts III. Modified text on 6/11/2021 (lmb).
June 11, 2021 Opinion or Order Filing 19 Case transferred in from District of Florida Southern; Case Number 9:21-cv-80424. Original file certified copy of transfer order and docket sheet received. Case assigned to Chief Judge John R. Tunheim and Referred to Magistrate Judge Hildy Bowbeer per MDL List.
June 10, 2021 Opinion or Order Filing 18 TRANSFER ORDER (TO-Dated 6/09/2021) transferring case to the District of Minnesota re: MDL 2998 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable John R. Tunheim. (Signed by Karen K. Caldwell, Chair). (mc) [Transferred from Florida Southern on 6/11/2021.]
March 22, 2021 Opinion or Order Filing 17 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. JBS USA Food Company waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 22, 2021 Opinion or Order Filing 16 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Agri Stats, Inc. waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Tyson Prepared Foods, Inc. waiver sent on 3/18/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 14 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Tyson Fresh Meats, Inc. waiver sent on 3/18/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 13 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Tyson Foods, Inc. waiver sent on 3/18/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Triumph Foods, LLC waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Smithfield Foods, Inc. waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Seaboard Foods LLC waiver sent on 3/12/2021, answer due 5/11/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Hormel Foods, LLC waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Hormel Foods Corporation waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 18, 2021 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by Cheney Brothers, Inc.. Clemens Food Group, LLC waiver sent on 3/17/2021, answer due 5/17/2021; The Clemens Family Corporation waiver sent on 3/17/2021, answer due 5/17/2021. (Yearick, Garth) [Transferred from Florida Southern on 6/11/2021.]
March 17, 2021 Opinion or Order Filing 6 ORDER ADMINISTRATIVELY CLOSING CASE. This case is STAYED. The Clerk of Court shall ADMINISTRATIVELY CLOSE this case. Any Party may move to lift the stay upon a ruling from the Judicial Panel on Multidistrict Litigation. Closing Case. Signed by Judge Donald M. Middlebrooks on 3/17/2021. See attached document for full details. (drz) [Transferred from Florida Southern on 6/11/2021.]
March 15, 2021 Opinion or Order Filing 5 Courtesy Copy of Plaintiffs Sysco Corporation's and Cheney Brothers, Inc.'s Joint Motion for Transfer of Related Actions Pursuant to 28 U.S.C. 1407 for Consolidated Pre-Trial Proceedings filed before the United States Judicial Panel on Multidistrict Litigation In Re: Pork Individual Direct Purchaser Antitrust Litigation (Attachments: #1 Brief in Support, #2 Schedule of Actions, #3 Proof of Service)(mc) [Transferred from Florida Southern on 6/11/2021.]
March 15, 2021 Opinion or Order Filing 4 ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 10/25/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/20/2021 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Judge Donald M. Middlebrooks on 3/15/2021. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 6/11/2021.]
March 1, 2021 Opinion or Order Filing 3 Summons Issued as to Agri Stats, Inc., Clemens Food Group, LLC, Hormel Foods Corporation, Hormel Foods, LLC, JBS USA Food Company, Seaboard Foods LLC, Smithfield Foods, Inc., The Clemens Family Corporation, Triumph Foods, LLC, Tyson Foods, Inc., Tyson Fresh Meats, Inc., Tyson Prepared Foods, Inc. (drz) [Transferred from Florida Southern on 6/11/2021.]
February 26, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from Florida Southern on 6/11/2021.]
February 26, 2021 Opinion or Order Filing 1 COMPLAINT against Agri Stats, Inc., Clemens Food Group, LLC, Hormel Foods Corporation, Hormel Foods, LLC, JBS USA Food Company, Seaboard Foods LLC, Smithfield Foods, Inc., The Clemens Family Corporation, Triumph Foods, LLC, Tyson Foods, Inc., Tyson Fresh Meats, Inc., Tyson Prepared Foods, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14460221, filed by Cheney Brothers, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Esau, David) [Transferred from Florida Southern on 6/11/2021.]

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Defendant: Seaboard Foods LLC
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Defendant: Clemens Food Group, LLC
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Defendant: Tyson Prepared Foods, Inc.
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Defendant: Hormel Foods Corporation
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Defendant: JBS USA Food Company
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Defendant: Smithfield Foods, Inc.
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Defendant: Clemens Family Corporation, The
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Defendant: Tyson Fresh Meats, Inc.
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Plaintiff: Cheney Brothers, Inc.
Represented By: Kristin Alexandra Gore
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