Kesler et al v. Tyson Foods, Inc. et al
| Gary Kesler, Rebecca Sue Kesler, Eric Kesler, Chad Kesler and Donna Sue Taylor |
| Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Sales & Distribution, Inc., Mark Avery and Kristi Sanders |
| 1:2023cv00164 |
| September 22, 2023 |
| US District Court for the Eastern District of Missouri |
| Abbie Crites-Leoni |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER: The Court having been advised by counsel that the parties have achieved a settlement, IT IS HEREBY ORDERED that all pending motions are found moot. IT IS FURTHER ORDERED that counsel must file, within 30 days of the date of this Order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. ( Dismissal Paper(s) due by 11/29/2023.) Signed by Magistrate Judge Abbie Crites-Leoni on 10/30/2023. (JMC)
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| Filing 42 REPLY to Response to Motion re #30 First MOTION to Remand Case to State Court to Circuit Court of Stoddard County, Missouri Defendants' Opposition to Plaintiffs' Motion to Remand filed by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 41 MOTION for Leave to File in Excess of Page Limitation Defendant's Motion for Leave to File Opposition to Remand Exceeding Page Limitations by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 40 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) |
| Filing 39 NOTICE Filing Redacted Ex. C to docket 2: by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc. re 35 Docket Text Order,, (Tatum, Mark) |
| Filing 38 NOTICE Filing of Redacted Ex. A to docket 21: by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc. re 35 Docket Text Order,, (Tatum, Mark) |
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Filing 37
ORDER finding as moot #34 Motion for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss. Signed by Magistrate Judge Abbie Crites-Leoni on 10/12/2023. (EMD)
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Filing 36
ORDER granting in part and denying in part #33 Motion to Stay. IT IS HEREBY ORDERED that the pending motions to dismiss (Docs. 18, 19, 20) are held in abeyance pending the Court's resolution of Plaintiffs' motion to remand. Signed by Magistrate Judge Abbie Crites-Leoni on 10/12/2023. (EMD)
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Filing 35
Docket Text ORDER: Presently pending are Defendants' motions for leave to file Exhibit A under seal. (Docs. 2, 21.) Defendants have not complied with Local Rule 13.05(A)(4)(c). IT IS THEREFORE ORDERED that, no later than October 17, 2023, Defendants shall file the following: (i) in the public record, a copy of Exhibit A with only the specific information sought to be sealed redacted from the document, or (ii) under seal, a Memorandum explaining the specific reasons for the failure or inability to file a redacted document. Signed by Magistrate Judge Abbie Crites-Leoni on 10/12/2023. (EMD)
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| Filing 34 MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss by Plaintiffs Chad Kesler, Eric Kesler, Gary Kesler, Donna Sue Taylor. (Oliver, Russell) |
| Filing 33 MOTION to Stay Proceedings Pending Resolution of Plaintiffs' Motion to Remand by Plaintiffs Chad Kesler, Eric Kesler, Gary Kesler, Rebecca Sue Kesler, Donna Sue Taylor. (Oliver, Russell) |
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Filing 32
ORDER granting #31 Plaintiffs' Motion for Leave to File Motion to Remand in excess of the page limitation. Signed by Magistrate Judge Abbie Crites-Leoni on 10/10/2023. (EMD)
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| Filing 31 MOTION for Leave to file Motion to Remand which exceeds page limitation of Local R. 4.01 by Plaintiffs Chad Kesler, Eric Kesler, Gary Kesler, Rebecca Sue Kesler, Donna Sue Taylor. (Oliver, Russell) |
| Filing 30 First MOTION to Remand Case to State Court to Circuit Court of Stoddard County, Missouri by Plaintiffs Chad Kesler, Eric Kesler, Gary Kesler, Rebecca Sue Kesler, Donna Sue Taylor. (Attachments: #1 Exhibit Exhibit A- August 7, 2023 Letter to Kesler, #2 Exhibit Exhibit B- Affidavit of Eric Kesler, #3 Exhibit Exhibit C- 4th Quarter 2021 Earnings Call of Tyson Foods Inc, #4 Exhibit Exhibit D- Slides from CAGNY Presentation of CEO Donnie King 2/22/22, #5 Exhibit Exhibit E- Warranty Deed of DocMo Farms 12/30/2021, #6 Exhibit Exhibit F- Warranty Deed From Tyson Chicken Inc to DocMo Farms 6/13/07, #7 Exhibit Exhibit G- Email Communication of 9/18/23, #8 Exhibit Exhibit H- Summons Returns for Avery and Sanders)(Oliver, Russell) |
| Filing 29 ENTRY of Appearance by John W. Grimm for Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Grimm, John) |
| Filing 28 FULL CONSENT has been received by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc., Plaintiffs Chad Kesler, Eric Kesler, Gary Kesler, Rebecca Sue Kesler, Donna Sue Taylor. Consent to Magistrate Judge, Consent to Magistrate Judge, Consent to Magistrate Judge. (CMH) |
| Notice from Clerk instructing Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 10/6/2023. (CMH) |
| Filing 27 DISCLOSURE STATEMENT by Kristi Sanders. No corporate parents or affiliates identified. (Tatum, Mark) |
| Filing 26 DISCLOSURE STATEMENT by Mark Avery. No corporate parents or affiliates identified. (Tatum, Mark) |
| Filing 25 DISCLOSURE STATEMENT by Tyson Sales & Distribution, Inc, Tyson Foods Inc. (Tatum, Mark) Modified on 10/2/2023 (CBL). |
| Filing 24 DISCLOSURE STATEMENT by Tyson Chicken, Inc, Tyson Foods Inc. (Tatum, Mark) Modified on 10/2/2023 (CBL). |
| Filing 23 DISCLOSURE STATEMENT by Tyson Foods, Inc, BlackRock Inc, The Vanguard Group. (Tatum, Mark) Modified on 10/2/2023 (CBL). |
| Filing 22 SEALED MEMORANDUM in Support of Motion for Leave to File Exhibit Under Seal by Defendants Tyson Foods, Inc., Tyson Chicken, Inc., Mark Avery, Tyson Sales & Distribution, Inc., Kristi Sanders. (Attachments: #1 Exhibit A - Broiler Production Contracts, #2 Text of Proposed Order)(Tatum, Mark) Modified on 10/2/2023 (CMH). |
| Filing 21 MOTION for Leave to File Under Seal by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 20 MOTION to Dismiss Case (Counts I, IV, V, VI, and VII in Plaintiffs' Petition) by Defendant Kristi Sanders. (Attachments: #1 Exhibit A - Broiler Production Contracts, #2 Text of Proposed Order)(Tatum, Mark) |
| Filing 19 MOTION to Dismiss Case (Counts I, IV, V, VI, and VII in Plaintiffs' Petition) by Defendant Mark Avery. (Attachments: #1 Exhibit A - Broiler Production Contracts, #2 Text of Proposed Order)(Tatum, Mark) |
| Filing 18 MOTION to Dismiss Case Plaintiffs' Petition by Defendants Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Attachments: #1 Exhibit A - Broiler Production Contracts, #2 Text of Proposed Order)(Tatum, Mark) |
| Filing 16 DISCLOSURE STATEMENT by Donna Sue Taylor. No corporate parents or affiliates identified. (Oliver, Russell) |
| Filing 15 DISCLOSURE STATEMENT by Rebecca Sue Kesler. No corporate parents or affiliates identified. (Oliver, Russell) |
| Filing 14 DISCLOSURE STATEMENT by Gary Kesler. No corporate parents or affiliates identified. (Oliver, Russell) |
| Filing 13 DISCLOSURE STATEMENT by Eric Kesler. No corporate parents or affiliates identified. (Oliver, Russell) |
| Filing 12 DISCLOSURE STATEMENT by Chad Kesler. No corporate parents or affiliates identified. (Oliver, Russell) |
| Filing 17 NOTICE of Filing Deficiency re 10 Disclosure Statement filed by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, filing deficiencies have been identified as follows: (1) Each Party must file his/her/its own Disclosure Statement. Joint Disclosure Statements are not allowed. (2) Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) (See Civil Cover Sheet Filed) but failed to identify the state of citizenship, incorporation and state of primary business operations. In addition, it is required that all such entities must be entered into CM/ECF as required. Disclosure Statements must be refiled for each individual or entity, completing all areas of the Statement including section 2, and individuals/entities must be added into CM/ECF where prompted.&/& (CBL) (CBL) (Entered: 09/28/2023) |
| Filing 11 CLERK'S ORDER (GJL) IT IS HEREBY ORDERED that the above styled case is transferred to the Southeastern Division and assigned to the Honorable Abbie Crites-Leoni, United States Magistrate Judge, under cause number 1:23CV00164-ACL. IT IS FURTHER ORDERED that cause number 4:23CV01193-UNA be administratively closed. (JBH) |
| Case Opening Notification. Judge Assigned: Honorable Abbie S. Crites-Leoni. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH) |
| Filing 10 DISCLOSURE STATEMENT by Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. No corporate parents or affiliates identified. (Tatum, Mark) |
| Filing 9 SUPPLEMENTAL State Court Docket Sheet by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 8 SUPPLEMENTAL Original Filing Form by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 7 NOTICE of Filing Deficiency. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Original Filing Form not filed, State Court Docket Sheet not filed, and Disclosure Form not filed on the correct form. This deficiency must be filed in the case record immediately. (JBH) |
| Filing 6 Petition (Removal/Transfer) Received From: Circuit Court of Stoddard County, filed by Eric Kesler, Rebecca Kesler, Chad Kesler, Gary Kesler, Donna Sue Taylor.(JBH) |
| Filing 5 DISCLOSURE STATEMENT by Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. No corporate parents or affiliates identified. (Tatum, Mark) |
| Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc. Sent To: Plaintiff (Tatum, Mark) |
| Filing 3 SEALED MEMORANDUM in Support of #2 MOTION for Leave to File Under Seal filed by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. Redacted Copy due by 9/25/2023. (Tatum, Mark) |
| Filing 2 MOTION for Leave to File Under Seal by Defendants Mark Avery, Kristi Sanders, Tyson Chicken, Inc., Tyson Foods, Inc., Tyson Sales & Distribution, Inc.. (Tatum, Mark) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Stoddard County, MO, case number 23SD-CC00071, with receipt number AMOEDC-10176580, in the amount of $402 Jury Demand,, filed by Tyson Foods, Inc., Tyson Chicken, Inc., Mark Avery, Tyson Sales & Distribution, Inc., Kristi Sanders. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Tatum, Mark) |
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