Cheney Brothers, Inc. v. Cargill, Inc. et al
Plaintiff: Cheney Brothers, Inc.
Defendant: Cargill Meat Solutions Corporation, Cargill, Inc., JBS S.A., JBS USA Food Company, Swift Beef Company, JBS Packerland, Inc., National Beef Packing Company, Tyson Foods Inc., Tyson Fresh Meats, Inc., Cargill Protein and Cargill Protein - North America
Case Number: 0:2022cv01505
Filed: June 7, 2022
Court: US District Court for the District of Minnesota
Presiding Judge: John F Docherty
Referring Judge: John R Tunheim
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2022 Opinion or Order Filing 24 ORDER on #22 Stipulation. Signed by Magistrate Judge John F. Docherty on 8/5/2022. (ALM)
August 4, 2022 Filing 23 PROPOSED ORDER TO JUDGE re #22 Stipulation,. (Ellison, Benjamin)
August 4, 2022 Filing 22 STIPULATION for Extension of Time to File Answers by National Beef Packing Company. Jointly Signed by Tyson Foods, Inc. and Tyson Fresh Meats, Inc., Cargill, Incorporated and Cargill Meat Solutions Corporation, JBS USA Food Company, JBS Packerland, Inc., Swift Beef Company, and JBS S.A., and Cheney Brothers, Inc.. (Ellison, Benjamin)
June 7, 2022 Filing 21 Case transferred in from District of Florida Southern; Case Number 9:22-cv-80153. Original file certified copy of transfer order and docket sheet received. Case assigned to Chief Judge John R. Tunheim and referred to Magistrate Judge John F. Docherty per MDL List.
June 7, 2022 Filing 20 TRANSFER ORDER transferring case to the District of Minnesota re: MDL 3031 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable John R. Tunheim. (Signed by Karen K. Caldwell). (pes) [Transferred from Florida Southern on 6/7/2022.]
April 25, 2022 Opinion or Order Filing 19 ORDER granting #17 Motion for Temporary Stay. Case is Administratively Closed. Signed by Judge Raag Singhal on 4/25/2022. See attached document for full details. (jas) [Transferred from Florida Southern on 6/7/2022.]
March 11, 2022 Filing 18 NOTICE by Cheney Brothers, Inc. re #17 Plaintiff's MOTION to Stay All Proceedings Pending Ruling by Judicial Panel on Multidistrict Litigation and Incorporated Memorandum of Law (Attachments: #1 Exhibit A - JPML Motion for Transfer) (Yearick, Garth) [Transferred from Florida Southern on 6/7/2022.]
February 28, 2022 Filing 17 Plaintiff's MOTION to Stay All Proceedings Pending Ruling by Judicial Panel on Multidistrict Litigation and Incorporated Memorandum of Law by Cheney Brothers, Inc.. Responses due by 3/14/2022 (Yearick, Garth) [Transferred from Florida Southern on 6/7/2022.]
February 14, 2022 Filing 16 Corporate Disclosure Statement & Certificate of Interested Persons by Cheney Brothers, Inc. identifying Corporate Parent Cheney Bros., Inc. for Cheney Brothers, Inc. (Esau, David) [Transferred from Florida Southern on 6/7/2022.]
February 9, 2022 Opinion or Order Filing 15 ORDER REQUIRING SCHEDULING REPORT. Signed by Judge Raag Singhal on 2/9/2022. See attached document for full details. (jas) [Transferred from Florida Southern on 6/7/2022.]
February 9, 2022 Opinion or Order Filing 14 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 2/9/2022. (eca) [Transferred from Florida Southern on 6/7/2022.]
February 9, 2022 Filing 13 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 2/9/2022. (eca) [Transferred from Florida Southern on 6/7/2022.]
February 1, 2022 Filing 3 Summons Issued as to Cargill, Inc.. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 12 Clerks Notice of Docket Correction re #6 Summons Issued. Document Restricted Due to Error; The correct document has been attached to this notice. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 11 Summons Issued as to Tyson Fresh Meats, Inc.. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 10 Summons Issued as to Tyson Foods, Inc.. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 9 Summons Issued as to National Beef Packing Company. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 8 Summons Issued as to JBS Packerland, Inc.. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 7 Summons Issued as to Swift Beef Company. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 6 Summons Issued as to JBS USA Food Company. (pc) Modified text to note that JBS S.A. summons is a duplicate of DE 5 on 2/1/2022 (asl). Modified text on 2/1/2022 (pc). [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 5 Summons Issued as to JBS S.A.. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 4 Summons Issued as to Cargill Meat Solutions Corporation. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (pc) [Transferred from Florida Southern on 6/7/2022.]
January 31, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15361587, filed by Cheney Brothers, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1 - Packing Defendants Share of LMR AMS Data)(Esau, David) [Transferred from Florida Southern on 6/7/2022.]

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Defendant: Cargill Meat Solutions Corporation
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Defendant: Cargill, Inc.
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Defendant: JBS S.A.
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Defendant: JBS USA Food Company
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Defendant: Swift Beef Company
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Defendant: JBS Packerland, Inc.
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Defendant: National Beef Packing Company
Represented By: Benjamin L. Ellison
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Defendant: Tyson Foods Inc.
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Defendant: Tyson Fresh Meats, Inc.
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Defendant: Cargill Protein
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Defendant: Cargill Protein - North America
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Plaintiff: Cheney Brothers, Inc.
Represented By: Aaron Asa Holman
Represented By: Garth Yearick
Represented By: Kristin Alexandra Gore
Represented By: Roger S. Kobert
Represented By: David Bedford Esau
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