Rural Community Worker's Alliance et al v. Smithfield Foods, Inc. et al
| Jane Doe and Rural Community Worker's Alliance |
| Smithfield Fresh Meats Corp. and Smithfield Foods, Inc. |
| 5:2020cv06063 |
| April 23, 2020 |
| US District Court for the Western District of Missouri |
| Greg Kays |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on June 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 SUGGESTIONS in opposition re #53 MOTION for reconsideration re #51 Order on Motion for Miscellaneous Relief,, Order on Motion for TRO,, Order on Motion to Dismiss Case,, Order on Motion to Strike, #52 Clerk's Judgment filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. Reply suggestions due by 6/30/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #53 ) (Bradshaw, Jean) |
| Filing 53 MOTION for reconsideration re #51 Order on Motion for Miscellaneous Relief,, Order on Motion for TRO,, Order on Motion to Dismiss Case,, Order on Motion to Strike, #52 Clerk's Judgment filed by David S. Muraskin on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/16/2020 unless otherwise directed by the court. (Related document(s) #51 , #52 ) (Muraskin, David) |
| Filing 52 CLERK'S JUDGMENT. (Strodtman, Tracy) |
Filing 51
ORDER granting in part #42 Plaintiff Jane Doe's motion to proceed under a pseudonym; denying #33 Defendants' motion to strike; granting #28 Defendants' motion to dismiss case; and denying #3 Plaintiffs' motion for a preliminary injunction. Signed on 5/5/2020 by District Judge Greg Kays. (Law clerk)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 5/3/2020 as Document No. 49, REPLY SUGGESTIONS. The document has been deleted as the incorrect document was filed. Counsel has refiled correct document in docket entry #50 . Please see entry #50 for correct document. No further action required. This is a text entry only - no document is attached. (Ellis, Lindsey) |
| Filing 50 REPLY SUGGESTIONS to motion re #42 MOTION for order TO ALLOW PLAINTIFF JANE DOE TO PROCEED UNDER PSEUDONYM (corrected) filed by Gina Chiala on behalf of Plaintiffs Jane Doe, Rural Community Worker's Alliance. (Related document(s) #42 ) (Chiala, Gina) |
| Filing 49 REPLY SUGGESTIONS to motion re #42 MOTION for order TO ALLOW PLAINTIFF JANE DOE TO PROCEED UNDER PSEUDONYM filed by Gina Chiala on behalf of Plaintiffs Jane Doe, Rural Community Worker's Alliance. (Related document(s) #42 ) (Chiala, Gina) |
| Filing 48 SUPPLEMENT PLAINTIFFS SUGGESTIONS IN OPPOSITION TO DEFENDANTS POST-HEARING SUPPLEMENTAL BRIEF. (Attachments: #1 Exhibit A (Excerpts of hearing transcript), #2 Exhibit B (County press release))(Related document(s) #3 , #28 ) (Muraskin, David) |
| Filing 47 SUGGESTIONS in opposition re #42 MOTION for order TO ALLOW PLAINTIFF JANE DOE TO PROCEED UNDER PSEUDONYM filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. Reply suggestions due by 5/15/2020 unless otherwise directed by the court. (Related document(s) #42 ) (Bradshaw, Jean) |
| Filing 46 SUPPLEMENT POST-HEARING BRIEF. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #3 ) (Bradshaw, Jean) |
| Filing 45 ELECTRONIC TRANSCRIPT of Preliminary Injunction Hearing held April 30, 2020 before Judge Greg Kays. Court Reporter: Reggie Lambrecht, 816-512-5623, regina_lambrecht@mow.uscourts.gov. Number of pages: 59. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 5/7/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 7/29/2020.(Lambrecht, Regina). (Main Document replaced on 5/1/2020 to correct a typographical error.) (Moore, Terri). |
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Filing 44
ORDER. Defendants' response to Plaintiffs' motion to allow Plaintiff Jane Doe to proceed under pseudonym is due on or before 5:00 p.m. on May 1, 2020. Signed on 4/30/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 43 Minute Entry. Proceedings held before District Judge Greg Kays: MOTION HEARING held on 4/30/2020 re #3 MOTION for temporary restraining order filed by Rural Community Worker's Alliance, Jane Doe Counsel appearing for Plaintiff(s): Gina Chiala, David Seligman, Juno Turner, Karla Gilbride, David Muraskin, and Stephanie Glaberson. Counsel appearing for Defendant(s): Alexandra Cunningham, Susan Wiltsie, Jean Paul Bradshaw, and Mara Cohara. Time in court: 10:07 a.m. to 11:33 a.m. To order a transcript of this hearing please contact Reggie Lambrecht, 816-512-5623, regina_lambrecht@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Strodtman, Tracy) |
| Filing 42 MOTION for order TO ALLOW PLAINTIFF JANE DOE TO PROCEED UNDER PSEUDONYM filed by David S. Muraskin on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/13/2020 unless otherwise directed by the court. (Muraskin, David) |
| Filing 41 NOTICE of filing Letter attaching OSHA Response by Smithfield Foods, Inc., Smithfield Fresh Meats Corp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Cohara, Mara) |
| Filing 40 NOTICE of filing JOINT SUBMISSION REGARDING WITNESS AND EXHIBIT LISTS FOR PRELIMINARY INJUNCTION HEARING by Smithfield Foods, Inc., Smithfield Fresh Meats Corp. re 37 Order, (Bradshaw, Jean) |
| Filing 39 DISCLOSURE OF CORPORATE INTERESTS filed by Gina Chiala on behalf of Plaintiff Rural Community Worker's Alliance.(Chiala, Gina) |
| Filing 38 SUPPLEMENT PLAINTIFFS SUGGESTIONS IN OPPOSITION TO DEFENDANTS SUPPLEMENTAL AUTHORITY. (Related document(s) #28 ) (Muraskin, David) |
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Filing 37
ORDER. Witness and exhibit lists for the preliminary injunction hearing shall be filed no later than 8:00 a.m. on 4/30/2020. Signed on 4/29/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 36 Supplemental SUPPLEMENT Authority In Support of Emergency Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #28 ) (Bradshaw, Jean) |
| Filing 35 SUGGESTIONS in opposition re #28 Emergency MOTION to dismiss case , or in the Alternative to Stay, Based on Primary Jurisdiction and/or Burford Abstention filed by David S. Muraskin on behalf of Plaintiffs Jane Doe, Rural Community Worker's Alliance. Reply suggestions due by 5/13/2020 unless otherwise directed by the court. (Attachments: #1 Affidavit Second Doe Decl., #2 Affidavit Perry Decl., #3 Affidavit Second Fuentes Decl., #4 Affidavit Michaels Decl., #5 Affidavit Rosenthal Decl.)(Related document(s) #28 ) (Muraskin, David) |
| Filing 34 SUGGESTIONS in support re #33 MOTION to strike #3 MOTION for temporary restraining order Plaintiffs' Declarations filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. (Related document(s) #33 ) (Bradshaw, Jean) |
| Filing 33 MOTION to strike #3 MOTION for temporary restraining order Plaintiffs' Declarations filed by Jean Paul Bradshaw, II on behalf of All Defendants. Suggestions in opposition/response due by 5/13/2020 unless otherwise directed by the court. (Related document(s) #3 ) (Bradshaw, Jean) |
| Filing 32 SUGGESTIONS in opposition re #3 MOTION for temporary restraining order Preliminary Injunction filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. Reply suggestions due by 5/13/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #3 ) (Bradshaw, Jean) |
| Filing 31 DISCLOSURE OF CORPORATE INTERESTS filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp..(Bradshaw, Jean) |
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Filing 30
ORDER expediting briefing. Plaintiffs' shall respond to Defendants' emergency motion to dismiss, or in the alternative to stay (Doc. #28 ) by 4/29/2020 at 12:00 p.m. Signed on 4/27/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 29 SUGGESTIONS in support re #28 Emergency MOTION to dismiss case , or in the Alternative to Stay, Based on Primary Jurisdiction and/or Burford Abstention filed by Jean Paul Bradshaw, II on behalf of Defendants Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #28 ) (Bradshaw, Jean) |
| Filing 28 Emergency MOTION to dismiss case , or in the Alternative to Stay, Based on Primary Jurisdiction and/or Burford Abstention filed by Jean Paul Bradshaw, II on behalf of All Defendants. Suggestions in opposition/response due by 5/11/2020 unless otherwise directed by the court. (Bradshaw, Jean) |
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Filing 27
ORDER setting hearing on #3 MOTION for temporary restraining order and/or preliminary injunction. Motion Hearing set for 4/30/2020 at 10:00 AM via Video Teleconference before District Judge Greg Kays. Signed on 4/27/2020 by District Judge Greg Kays. (Law clerk)
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Filing 26
ORDER granting #22 motion to appear pro hac vice entered by Clerk of Court. Attorney Susan F. Wiltsie for Smithfield Foods, Inc. and Smithfield Fresh Meats Corp. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 25
ORDER granting #21 motion to appear pro hac vice entered by Clerk of Court. Attorney Alexandra B. Cunningham for Smithfield Foods, Inc. and Smithfield Fresh Meats Corp. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 24
ORDER granting #18 motion to appear pro hac vice entered by Clerk of Court. Attorney David Seligman for Jane Doe and Rural Community Worker's Alliance allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 23
ORDER granting #17 motion to appear pro hac vice entered by Clerk of Court. Attorney Juno Turner for Jane Doe and Rural Community Worker's Alliance allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 22 Motion to allow Susan F. Wiltsie to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6835424) filed by Mara Halpert Cohara on behalf of All Defendants. (Cohara, Mara) |
| Filing 21 Motion to allow Alexandra B. Cunningham to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6835415) filed by Mara Halpert Cohara on behalf of All Defendants. (Cohara, Mara) |
| Set/Reset Hearings: Motion Hearing set for 4/30/2020 10:00 AM via Video Teleconference before District Judge Greg Kays. (Strodtman, Tracy) |
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Filing 20
ORDER extending Defendants' deadline for filing a response. Defendants' response to Plaintiffs' motion for a TRO and/or preliminary injunction is due on or before 12:00 p.m. on April 29, 2020. A hearing on Plaintiffs' motion will be set for April 30, 2020 by future order. Signed on 4/26/2020 by District Judge Greg Kays. (Law clerk)
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| Filing 19 NOTICE of filing PLAINTIFFS SUGGESTIONS IN OPPOSITION TO LETTER INCLUDING REQUEST FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION by Jane Doe, Rural Community Worker's Alliance re #15 Notice of filing (Muraskin, David) |
| Filing 18 Motion to allow David Seligman to appear pro hac vice (Pro Hac fee $100 receipt number BMOWDC-6834976) filed by Gina Chiala on behalf of All Plaintiffs. (Chiala, Gina) |
| Filing 17 Motion to allow Juno Turner to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6834974) filed by Gina Chiala on behalf of All Plaintiffs. (Chiala, Gina) |
| Filing 16 NOTICE of appearance by Mara Halpert Cohara on behalf of All Defendants (Attorney Mara Halpert Cohara added to party Smithfield Foods, Inc.(pty:dft), Attorney Mara Halpert Cohara added to party Smithfield Fresh Meats Corp.(pty:dft))(Cohara, Mara) |
| Filing 15 NOTICE of filing Letter to the Court by Smithfield Foods, Inc., Smithfield Fresh Meats Corp. (Bradshaw, Jean) |
| Filing 14 NOTICE of appearance by Jean Paul Bradshaw, II on behalf of All Defendants (Attorney Jean Paul Bradshaw, II added to party Smithfield Foods, Inc.(pty:dft), Attorney Jean Paul Bradshaw, II added to party Smithfield Fresh Meats Corp.(pty:dft))(Bradshaw, Jean) |
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Filing 13
ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney David S. Muraskin for Jane Doe and Rural Community Worker's Alliance allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 12
ORDER granting #8 motion to appear pro hac vice entered by Clerk of Court. Attorney Stephanie K. Glaberson for Jane Doe and Rural Community Worker's Alliance allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 11
ORDER granting #7 motion to appear pro hac vice entered by Clerk of Court. Attorney Karla Gilbride for Jane Doe and Rural Community Worker's Alliance allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 10
ORDER. Defendants shall file a response to Plaintiffs' emergency motion for a temporary restraining order #3 on or before 5:00 p.m. on 4/27/2020. Signed on 4/24/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 9 Motion to allow David Samuel Muraskin to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6833986) filed by Gina Chiala on behalf of All Plaintiffs. (Chiala, Gina) |
| Filing 8 Motion to allow Stephanie Glaberson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6833982) filed by Gina Chiala on behalf of All Plaintiffs. (Chiala, Gina) |
| Filing 7 Motion to allow Karla Gilbride to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6833974) filed by Gina Chiala on behalf of All Plaintiffs. (Chiala, Gina) |
| Filing 6 RETURN OF SERVICE of complaint executed by All Plaintiffs. All Defendants. (Attachments: # 1 Affidavit Exhibits including affidavit of service)(Chiala, Gina) (Houston, Kiambu). Modified on 4/28/2020 to reflect document replaced at the request of counsel (Houston, Kiambu). |
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Filing 5
ORDER denying as moot #4 motion for leave to file. Pursuant to Local Rule 7.0(d)(2), the fifteen-page limit for suggestions in support does not include "[e]xhibits, signature blocks, certificates of service, and statements of fact." Accordingly, Plaintiffs' suggestions in support filed in Doc. #3 do not violate the fifteen-page limit imposed by Local Rule 7.0. Signed on 4/23/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 4 MOTION for leave to file additional pages filed by Gina Chiala on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/7/2020 unless otherwise directed by the court. (Chiala, Gina) |
| Filing 3 Emergency MOTION for preliminary injunction or, in the alternative, a temporary restraining order and an emergency hearing on the same filed by Gina Chiala on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/7/2020 unless otherwise directed by the court. (Attachments: #1 Corbo Signed Declaration, #2 Fritzsche Signed Declaration, #3 Fuentes Signed Declaration, #4 Harrison Signed Declaration and exhibit, #5 Jane Doe Signed Declaration)(Chiala, Gina). Modified on 4/23/2020 to correct docket event. (Moore, Terri). |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 1 COMPLAINT against All Defendants filed by Gina Chiala on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6832269. Service due by 7/22/2020 unless otherwise directed by the court.(Chiala, Gina) (Main Document 1 replaced on 4/23/2020 to separate the Complaint from the Civil Cover Sheet - original documents were added as one document, removed and added back as two separate documents) (Woods, Gloria). (Additional attachment(s) added on 4/23/2020: #1 Civil Cover Sheet) (Woods, Gloria). |
| SUMMONS ISSUED as to Smithfield Foods, Inc., Smithfield Fresh Meats Corp.. (Woods, Gloria) |
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