Fowler et al v. ASR Group International, Inc., et al

Plaintiff: Linda Fowler and Isabella Benmeleh
Defendant: ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc., United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation, Michigan Sugar Company, Commodity Information, Inc. and Richard Wistisen
Case Number: 1:2024cv01972
Filed: March 15, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 15 Antitrust Litigation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2024 NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Victor Marrero is no longer assigned to the case. (vba)
May 1, 2024 Filing 48 ORDER RE: CONSOLIDATION AND COORDINATION OF DIRECT AND INDIRECT PURCHASER ACTIONS Having considered the papers filed in support of the Direct Purchaser and Indirect Purchaser Plaintiffs Motion for Consolidation and Coordination, the Court GRANTS the motion and hereby ORDERS as follows: 1.The following actions on behalf of direct purchasers of granulated sugar in the United States pending in this District are consolidated for all purposes including pretrial proceedings, trial, and appeal, pursuant to Federal Rule of Civil Procedure 42(a) (hereafter, the "Consolidated Direct Purchaser Actions"): KPH Healthcare Services, Inc., v. ASR Group International, Inc. et al., No. 1:24-cv-1941; Redners' Markets, Inc., v. ASR Group International, Inc., et al., No. 1:24-cv-1968; C.A. Curtze Co., v. ASR Group Intl, Inc., et al., No. 1:24-cv-02352; and Wakefern Food Corp. v. ASR Group Intl, Inc., et al., No. 1:24-cv-02840. 2.The following actions on behalf of indirect purchasers of granulated sugar in theUnited States pending in this District are consolidated for all purposes including pretrial proceedings, trial, and appeal, pursuant to Federal Rule of Civil Procedure 42(a) (collectively, the "Consolidated Indirect Purchaser Actions"): Linda Fowler v. ASR Group International, Inc. et al., No 1:24-cv-1972; and Golden Goose Markets, Inc., v. ASR Group International, Inc. et al., No. 1:24-cv-02159. The files of the coordinated and Consolidated Direct Purchaser and Indirect Purchaser Actions shall be maintained under the Master File Case No. 1:24-cv-01941. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Victor Marrero on 5/1/2024) (jca)
May 1, 2024 CONSOLIDATED MEMBER CASE: Create association to 1:24-cv-01941-VM.. (jca)
April 22, 2024 Filing 47 STIPULATION AND ORDER TO STAY PROCEEDINGS UNTIL THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION RULES ON THE MDL TRANSFER MOTION For the foregoing reasons, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, that: 1. all proceedings as to Defendants, including the time to file any responsive pleadings or otherwise respond to the Complaint, in Fowler v. ASR Group Int'l, Inc., No. 1:24-cv-01972 (S.D.N.Y. Mar. 15, 2024) be stayed until the Panel has ruled on Plaintiffs' motion, and the Plaintiffs have filed a consolidated complaint, if any, whereupon the Parties will meet and confer to agree on a schedule; and 2. if Defendants answer, move, or otherwise plead with respect to a Complaint in a related case pending in any District, Defendants will concurrently answer, move, or otherwise plead with respect to the Complaint in Fowler v. ASR Group Int''l, Inc., No. 1:24-cv-01972 (S.D.N.Y. Mar. 15, 2024). SO ORDERED.Case stayed. (Signed by Judge Victor Marrero on 4/22/2024) (jca)
April 19, 2024 Filing 46 PROPOSED STIPULATION AND ORDER. Document filed by Isabella Benmeleh, Linda Fowler..(David, Israel)
April 19, 2024 Filing 45 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Michigan Sugar Company..(Eimer, Nathan)
April 19, 2024 Filing 44 NOTICE OF APPEARANCE by Nathan Philip Eimer on behalf of Michigan Sugar Company..(Eimer, Nathan)
April 19, 2024 Filing 43 STIPULATION AND ORDER TO STAY PROCEEDINGS AS TO DEFENDANT UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE UNTIL THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION RULES ON THE MDL TRANSFER MOTION For the foregoing reasons, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, that: 1. all proceedings as to United Sugar, including the time to file any responsive pleadings or otherwise respond to the Complaint in Fowler, et al. v. ASR Group Int'l, Inc., et al.,No. 1:24-cv-01972 (S.D.N.Y. Mar. 15, 2024) be stayed until the Panel has ruled on KPH and Redner's motion, and the Plaintiffs have filed a consolidated complaint,if any, whereupon the Parties will meet and confer to agree on a schedule; and 2. if United Sugar answers, moves, or otherwise pleads with respect to a Complaint in a related case pending in any District, that United Sugar will concurrently answer, move, or otherwise plead with respect to the Complaint in Fowler, et al. v.ASR Group Int'l, Inc., et al., No. 1:24-cv-01972 (S.D.N.Y. Mar. 15, 2024). SO ORDERED (Signed by Judge Victor Marrero on 4/19/2024) (jca)
April 19, 2024 Filing 42 CERTIFICATE OF SERVICE. Document filed by United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation..(Buterman, Lawrence)
April 18, 2024 Filing 41 PROPOSED STIPULATION AND ORDER. Document filed by United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation..(Buterman, Lawrence)
April 16, 2024 Filing 40 SUMMONS RETURNED EXECUTED. Domino Foods, Inc. served on 4/4/2024, answer due 4/25/2024. Service was accepted by Katherine Choma, Executive Legal Assistant. Document filed by Isabella Benmeleh; Linda Fowler..(Yagman, Blake)
April 16, 2024 Filing 39 SUMMONS RETURNED EXECUTED. ASR Group International, Inc., served on 4/4/2024, answer due 4/25/2024. Service was accepted by Katherine Choma, Executive Legal Assistant. Document filed by Isabella Benmeleh; Linda Fowler..(Yagman, Blake)
April 16, 2024 Filing 38 SUMMONS RETURNED EXECUTED. American Sugar Refining, Inc. served on 4/4/2024, answer due 4/25/2024. Service was accepted by Katherine Choma, Executive Legal Assistant. Document filed by Isabella Benmeleh; Linda Fowler..(Yagman, Blake)
April 15, 2024 Filing 37 ORDER FOR ADMISSION PRO HAC VICE granting #36 MOTION for Todd M. Stenerson to Appear Pro Hac Vice. The motion of Todd M. Stenerson for admission to practice pro hac vice in the above captioned action is granted. (Signed by Judge Victor Marrero on 4/15/2024) (jca)
April 12, 2024 Filing 36 MOTION for Todd M. Stenerson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit IL Certificate of Good Standing, #4 Exhibit MI Certificate of Good Standing, #5 Proposed Order to Appear Pro Hac Vice).(Stenerson, Todd)
April 12, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Todd M. Stenerson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
April 9, 2024 Filing 35 ORDER FOR ADMISSION PRO HAC VICE granting #33 MOTION for Djordje Petkoski to Appear Pro Hac Vice. The motion of Djordje Petkoski for admission to practice pro hac vice in the above captioned action is granted.. (Signed by Judge Victor Marrero on 4/9/2024) (jca)
April 9, 2024 Filing 34 SUMMONS RETURNED EXECUTED. Michigan Sugar Company served on 4/1/2024, answer due 4/22/2024. Service was accepted by Debra Parks - Authorized Agent. Document filed by Isabella Benmeleh; Linda Fowler..(Yagman, Blake)
April 8, 2024 Filing 33 MOTION for Djordje Petkoski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29187579. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hav Vice, #2 Exhibit Maryland Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Proposed Order Proposed Order).(Petkoski, Djordje)
April 8, 2024 Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American Crystal Sugar Company, Other Affiliate Minn-Dak Farmers Cooperative, Other Affiliate United States Sugar Corporation, Other Affiliate Wyoming Sugar Company, LLC for United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation. Document filed by United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation..(Buterman, Lawrence)
April 8, 2024 Filing 31 NOTICE OF APPEARANCE by Lawrence Edward Buterman on behalf of United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation..(Buterman, Lawrence)
April 8, 2024 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for Todd M. Stenerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29183568. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan and Supreme Court of Illinois. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
April 8, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Djordje Petkoski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29187579. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
April 5, 2024 Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Todd M. Stenerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29183568. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit MI Certificate of Good Standing, #3 Exhibit IL Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Proposed Order to Appear Pro Hac Vice).(Stenerson, Todd) Modified on 4/8/2024 (sgz).
April 5, 2024 Filing 29 AFFIDAVIT OF SERVICE. United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation served on 3/28/2024, answer due 4/18/2024. Service was accepted by Rob Schreck, Vice President of Sales. Document filed by Isabella Benmeleh; Linda Fowler..(Yagman, Blake)
April 4, 2024 Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Florida Crystals Corporation and Sugar Cane Growers Cooperative of Florida for ASR Group International, Inc., ; Corporate Parent No Parent Company for Domino Foods, Inc.; Corporate Parent ASR Group International, Inc. for American Sugar Refining, Inc.. Document filed by ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc...(Mitchell, Michael)
April 4, 2024 Filing 27 NOTICE OF APPEARANCE by Michael Patrick Mitchell on behalf of ASR Group International, Inc.,, American Sugar Refining, Inc., Domino Foods, Inc...(Mitchell, Michael)
March 29, 2024 Filing 26 ORDER FOR ADMISSION PRO HAC VICE OF ALEXANDRA S. BERNAY granting #23 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice. The motion of Alexandra S. Bernay, for admission to practice pro hac vice in the above captioned action is granted. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 3/29/2024) (jca)
March 29, 2024 Filing 25 ORDER FOR ADMISSION PRO HAC VICE OF ARTHUR L. SHINGLER III granting #24 MOTION for Arthur L. Shingler III to Appear Pro Hac Vice. The motion of Arthur L. Shingler III, for admission to practice pro hac vice in the above captioned action is granted. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 3/29/2024) (jca)
March 28, 2024 Filing 24 MOTION for Arthur L. Shingler III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29144737. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isabella Benmeleh, Linda Fowler. (Attachments: #1 Affidavit Declaration of Arthur L. Shingler III, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order re Pro Hac Vice Appearance).(Shingler, Arthur)
March 28, 2024 Filing 23 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29144542. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isabella Benmeleh, Linda Fowler. (Attachments: #1 Affidavit Declaration of Alexandra S. Bernay, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order re Pro Hac Vice Appearance).(Bernay, Alexandra)
March 28, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29144542. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 28, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Arthur L. Shingler III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29144737. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 26, 2024 Filing 22 ORDER FOR ADMISSION PRO HAC VICE OF DAVID W. MITCHELL granting #21 MOTION for David W. Mitchell to Appear Pro Hac Vice. The motion of David W. Mitchell, for admission to practice pro hac vice in the above captioned action is granted. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 3/26/2024) (jca)
March 25, 2024 Filing 21 MOTION for David W. Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29127093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isabella Benmeleh, Linda Fowler. (Attachments: #1 Affidavit Declaration of David W. Mitchell, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Re Pro Hac Vice Appearance).(Mitchell, David)
March 25, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for David W. Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29127093. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
March 22, 2024 Filing 20 ELECTRONIC SUMMONS ISSUED as to Commodity Information, Inc...(pc)
March 22, 2024 Filing 19 ELECTRONIC SUMMONS ISSUED as to Michigan Sugar Company..(pc)
March 22, 2024 Filing 18 ELECTRONIC SUMMONS ISSUED as to United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation..(pc)
March 22, 2024 Filing 17 ELECTRONIC SUMMONS ISSUED as to Richard Wistisen..(pc)
March 22, 2024 Filing 16 ELECTRONIC SUMMONS ISSUED as to Domino Foods, Inc...(pc)
March 22, 2024 Filing 15 ELECTRONIC SUMMONS ISSUED as to American Sugar Refining, Inc...(pc)
March 22, 2024 Filing 14 ELECTRONIC SUMMONS ISSUED as to ASR Group International, Inc.,..(pc)
March 21, 2024 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to ASR Group International, Inc., re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to American Sugar Refining, Inc., re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Domino Foods, Inc., re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation, re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Michigan Sugar Company, re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Commodity Information, Inc., re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 21, 2024 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Wistisen, re: #3 Complaint,. Document filed by Isabella Benmeleh, Linda Fowler..(Yagman, Blake)
March 19, 2024 CASE ACCEPTED AS RELATED. Create association to 1:24-cv-01941-VM. Notice of Assignment to follow. (tro)
March 19, 2024 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case..(tro)
March 19, 2024 Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)
March 18, 2024 Filing 6 NOTICE OF APPEARANCE by Blake Hunter Yagman on behalf of Linda Fowler..(Yagman, Blake)
March 18, 2024 Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:24-cv-01941. Document filed by Isabella Benmeleh, Linda Fowler..(David, Israel)
March 18, 2024 Filing 4 NOTICE OF APPEARANCE by Israel David on behalf of Isabella Benmeleh, Linda Fowler..(David, Israel)
March 18, 2024 Filing 3 COMPLAINT against ASR Group International, Inc.,, American Sugar Refining, Inc., Commodity Information, Inc., Domino Foods, Inc., Michigan Sugar Company, United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation, Richard Wistisen. Document filed by Isabella Benmeleh, Linda Fowler..(David, Israel)
March 18, 2024 Case Designated ECF. (pc)
March 18, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
March 18, 2024 CASE REFERRED TO Judge Victor Marrero as possibly related to 24cv1941. (pc)
March 18, 2024 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Israel David. The party information for the following party/parties has been modified: Linda Fowler, Isabella Benmeleh. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
March 18, 2024 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Israel David, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc)
March 18, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Israel David to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
March 18, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Israel David. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000;. (pc)
March 15, 2024 Filing 2 CIVIL COVER SHEET filed..(David, Israel)
March 15, 2024 Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-29087730)Document filed by Linda Fowler..(David, Israel) Modified on 3/18/2024 (pc).

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Search for this case: Fowler et al v. ASR Group International, Inc., et al
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Plaintiff: Linda Fowler
Represented By: Israel David
Represented By: Alexandra S. Bernay
Represented By: Arthur L. Shingler, III
Represented By: Blake Hunter Yagman
Represented By: David W. Mitchell
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Plaintiff: Isabella Benmeleh
Represented By: Israel David
Represented By: Alexandra S. Bernay
Represented By: Arthur L. Shingler, III
Represented By: David W. Mitchell
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Defendant: ASR Group International, Inc.,
Represented By: Djordje Petkoski
Represented By: Michael Patrick Mitchell
Represented By: Todd M. Stenerson
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Defendant: American Sugar Refining, Inc.
Represented By: Todd M. Stenerson
Represented By: Djordje Petkoski
Represented By: Michael Patrick Mitchell
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Defendant: Domino Foods, Inc.
Represented By: Djordje Petkoski
Represented By: Michael Patrick Mitchell
Represented By: Todd M. Stenerson
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Defendant: United Sugar Producers & Refiners Cooperative f/k/a/ United Sugars Corporation
Represented By: Lawrence Edward Buterman
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Defendant: Michigan Sugar Company
Represented By: Nathan Philip Eimer
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Defendant: Commodity Information, Inc.
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Defendant: Richard Wistisen
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