In re: Sanderson and Koch Broiler Chicken Grower Litigation
| Jonathan Walters, Myles Weaver, Nancy Butler, Johnny Upchurch, Haff Poultry, Inc. and Melissa Weaver |
| Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Food Division), Koch Foods, Inc., Sanderson Farms, Inc. (Production Division), Sanderson Farms, Inc. and Koch Meat Co., Inc. |
| 7:2018cv00031 |
| February 21, 2018 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| LENOIR |
| James C Dever |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 67
ORDER granting #66 Motion to Withdraw as Attorney. Attorney Cable M. Frost terminated. Signed by District Judge James C. Dever III on 2/10/2020. (Sellers, N.)
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| Filing 66 MOTION to Withdraw as Attorney filed by Koch Foods, Inc., Koch Meat Co., Inc.. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Withdraw Cable M. Frost) (Pedigo, Scott) |
| Motion Submitted to District Judge James C. Dever III regarding #66 MOTION to Withdraw as Attorney. (Sellers, N.) |
| Notice to Counsel regarding: #65 Notice - other. Pursuant to Judge Dever's Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/html/chambersJCD.htm, counsel shall provide a single-sided, file-stamped courtesy copy of ALL documents containing twenty (20) or more pages, including all attachments and/or exhibits. All courtesy copies should be mailed or delivered to the Case Manager, U.S. District Court, Eastern District of North Carolina, 310 New Bern Avenue, Raleigh, North Carolina 27601. Documents will be held for submission until courtesy copies have been received. (Sellers, N.) |
| Filing 65 Notice filed by Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver . (Attachments: #1 Exhibit 1, Shelby Minute entry, #2 Exhibit 2, Shelby Oral Ruling Transcript) (Wilkerson, David) |
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Filing 64
ORDER granting in part #52 Motion to Dismiss for Failure to State a Claim and stays this action pending resolution of the action in the Eastern District of Oklahoma. Signed by District Judge James C. Dever III on 1/15/2019. (Sellers, N.)
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| Filing 63 Notice of Special Appearance for non-district by Charles D. Gabriel on behalf of All Plaintiffs. (Gabriel, Charles) |
| Filing 62 Notice of Special Appearance for non-district by Michael D. Hausfeld on behalf of Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Hausfeld, Michael) |
| Motion Submitted to Chief Judge James C. Dever III regarding #52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)]. (Sellers, N.) |
| Filing 61 REPLY to Response to Motion regarding #52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)] filed by Koch Foods, Inc., Koch Meat Co., Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Attachments: #1 Exhibit A - Transcript of 4.20.18 Motion Hearing, #2 Exhibit B - Memorandum of Law in Support of Pltfs Motion for Consolidation and Transfer) (Zimmerman, Erik) |
| Filing 60 Notice of Special Appearance for non-district by James J. Pizzirusso on behalf of Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Pizzirusso, James) |
| Filing 59 Notice of Appearance filed by John C. Whitfield on behalf of All Plaintiffs. (Whitfield, John) |
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Filing 58
ORDER granting #57 Motion for Leave to File Excess Pages. Defendants may file a reply brief up to 15 pages in length. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.)
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| Motion Submitted to Chief Judge James C. Dever III regarding #57 Joint MOTION for Leave to File Excess Pages [Defendants' Motion to Extend Page Limit on Reply Brief in Support of Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)]. (Sellers, N.) |
| Filing 57 Joint MOTION for Leave to File Excess Pages [Defendants' Motion to Extend Page Limit on Reply Brief in Support of Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)] filed by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Attachments: #1 Text of Proposed Order) (Zimmerman, Erik) |
| Filing 56 Notice of Change of Address filed by Samantha S. Derksen filed by on behalf of Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Derksen, Samantha) |
| Notice to Counsel regarding: #56 Notice of Change of Address. Counsel is should email the updated law firm and address information to the clerk's office at NCED-Attorney-Update@nced.uscourts.gov. Once updated, the new contact information will be reflected on the docket of all cases in which counsel entered an appearance. (Sellers, N.) |
| Filing 55 RESPONSE in Opposition regarding #52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)] filed by Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Wilkerson, David) |
| Filing 54 Notice of Special Appearance for non-district by Gary E. Mason on behalf of All Plaintiffs. (Mason, Gary) |
| Filing 53 Memorandum in Support regarding #52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)] filed by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Attachments: #1 Appendix, #2 Exhibit A - Complaint, In re Broiler Chicken Litigation, 6:17cv33 (E.D. Okla. Jan. 27 2017), #3 Exhibit B - Amended Complaint, In re Broiler Chicken Grower Litigation, 6:17cv33 (E.D. Okla. July 10, 2017), #4 Exhibit C - Order, In re Broiler Chicken Litigation, 6:17cv33 (E.D. Okla. Jan. 22, 2017), #5 Exhibit D - Hearing Transcript, In re Broiler Chicken Grower Litigation, 6:17cv33 (E.D. Okla. Jan. 19, 2018)) (Zimmerman, Erik) |
| Filing 52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Joint Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)] filed by Koch Meat Co., Inc., Koch Foods, Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Zimmerman, Erik) Modified on 7/16/2018 - added Koch defendants as filers. (Briggeman, N.) |
| Filing 51 Notice of Special Appearance for non-district by Jennifer S. Goldstein on behalf of All Plaintiffs. (Goldstein, Jennifer) |
| Filing 50 Notice of Special Appearance for non-district by Daniel Cohen on behalf of All Plaintiffs. (Cohen, Daniel) |
| Filing 49 Notice of Special Appearance for non-district by J. Dudley Butler on behalf of All Plaintiffs. (Butler, J.) |
| Filing 48 Notice of Special Appearance for non-district by Stacy L. Pepper on behalf of Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Pepper, Stacy) |
| Filing 47 Notice of Special Appearance for non-district by Martin L. Roth on behalf of Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Roth, Martin) |
| Filing 46 Notice of Special Appearance for non-district by Christa C. Cottrell on behalf of Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Cottrell, Christa) |
| Filing 45 Notice of Special Appearance for non-district by Daniel E. Laytin on behalf of Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Laytin, Daniel) |
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Filing 44
ORDER granting #41 Motion to Lift Stay and Establish First Case Management Order. The stay entered on March 27,2018, ECF No. 31, is lifted. Defendants' deadline to file a motion to dismiss under FederaJ Rule of Civil Procedure 12(b)(6) is extended to July 13, 2018; Plaintiffs' papers in opposition shall be due on August 13, 2018; and Defendants' reply papers in support, if any, shall be due on September 4, 2018. Signed by Chief Judge James C. Dever, III on 6/26/2018. Counsel is reminded to read the order in its entirety for important information. (Stouch, L.)
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| Filing 43 Notice of Special Appearance for non-district by Vincent J. Esades on behalf of All Plaintiffs. (Esades, Vincent) |
| Filing 42 Notice of Special Appearance for non-district by Eric L. Cramer on behalf of All Plaintiffs. (Cramer, Eric) |
| Motion Submitted to Chief Judge James C. Dever III regarding #41 Joint MOTION to Lift Stay and Establish First Case Management Order. (Jenkins, C.) |
| Filing 41 Joint MOTION to Lift Stay and Establish First Case Management Order filed by Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Attachments: #1 Text of Proposed Order) (Wilkerson, David) |
| Filing 40 MULTIDISTRICT LITIGATION ORDER Denying Transfer - the motion for centralization of these actions is denied. Signed by Sarah S. Vance, Chair, Panel on Multidistrict Litigation on 6/6/2018. (Briggeman, N.) |
| Filing 39 Notice of Appearance filed by Samuel D. Gregory on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Gregory, Samuel) |
| Filing 38 Notice of Appearance filed by Cable M. Frost on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Frost, Cable) |
| Filing 37 Notice of Appearance filed by Scott W. Pedigo on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Pedigo, Scott) |
| Filing 36 Financial Disclosure Statement by Koch Meat Co., Inc. identifying Corporate Parent Koch Foods, Inc. for Koch Meat Co., Inc.. (Leerberg, Matthew) |
| Filing 35 Financial Disclosure Statement by Koch Foods, Inc. (Leerberg, Matthew) |
| Filing 34 Notice of Special Appearance for non-district by Samantha S. Derksen on behalf of All Plaintiffs. (Derksen, Samantha) |
| Filing 33 Notice of Appearance filed by Jessica L Willson on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Willson, Jessica) |
| Filing 32 Notice of Appearance filed by Matthew Nis Leerberg on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Leerberg, Matthew) |
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Filing 31
ORDER granting #29 Motion to Stay. IT IS HEREBY ORDERED that further proceedings in this case, including the deadlines for responsive pleadings, are stayed pending a decision on the transfer of the case by the Judicial Panel on Multidistrict Litigation. Signed by Chief Judge James C. Dever III on 3/27/2018. (Briggeman, N.)
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| Motion Submitted to Chief Judge James C. Dever III regarding #29 Consent MOTION to Stay Proceedings Pending Decision on MDL Transfer. (Briggeman, N.) |
| Filing 30 Memorandum in Support regarding #29 Consent MOTION to Stay Proceedings Pending Decision on MDL Transfer filed by Koch Foods, Inc., Koch Meat Co., Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Attachments: #1 Exhibit Exhibit A-In re Broiler Chicken Grower Litigation (Unpublished Order of 1/19/2018), #2 Exhibit Exhibit B-In re Broiler Chicken Grower Litigation (Motion to Transfer of 3/8/2018)) (Zimmerman, Erik) |
| Filing 29 Consent MOTION to Stay Proceedings Pending Decision on MDL Transfer filed by Koch Foods, Inc., Koch Meat Co., Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Attachments: #1 Text of Proposed Order) (Zimmerman, Erik) |
| Filing 28 Financial Disclosure Statement by Sanderson Farms, Inc. (Production Division) (Zimmerman, Erik) |
| Filing 27 Financial Disclosure Statement by Sanderson Farms, Inc. (Processing Division) (Zimmerman, Erik) |
| Filing 26 Financial Disclosure Statement by Sanderson Farms, Inc. (Food Division) (Zimmerman, Erik) |
| Filing 25 Financial Disclosure Statement by Sanderson Farms, Inc. (Zimmerman, Erik) |
| Filing 24 Notice of Appearance filed by Erik R. Zimmerman on behalf of Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Zimmerman, Erik) |
| Filing 23 Notice of Special Appearance for non-district by Patrick F. Madden on behalf of All Plaintiffs. (Madden, Patrick) |
| Filing 22 Notice of Special Appearance for non-district by Gary I. Smith on behalf of All Plaintiffs. (Smith, Gary) |
| Filing 21 Notice of Special Appearance for non-district by Daniel J. Walker on behalf of All Plaintiffs. (Walker, Daniel) |
| Filing 20 Notice of Special Appearance for non-district by Christina M. Black on behalf of All Plaintiffs. (Black, Christina) |
| Filing 19 Notice of Appearance filed by Larry D. Lahman on behalf of All Plaintiffs. (Lahman, Larry) |
| Filing 18 Notice of Special Appearance for non-district by Melinda R. Coolidge on behalf of All Plaintiffs. (Coolidge, Melinda) |
| Filing 17 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Sanderson Farms, Inc. (Production Division) waiver sent on 3/1/2018, answer due 4/30/2018. (McDevitt, Larry) |
| Filing 16 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Sanderson Farms, Inc. (Processing Division) waiver sent on 3/1/2018, answer due 4/30/2018. (McDevitt, Larry) |
| Filing 15 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Sanderson Farms, Inc. waiver sent on 3/1/2018, answer due 4/30/2018. (McDevitt, Larry) |
| Filing 14 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Sanderson Farms, Inc. (Food Division) waiver sent on 3/1/2018, answer due 4/30/2018. (McDevitt, Larry) |
| Filing 13 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Koch Meat Co., Inc. waiver sent on 3/2/2018, answer due 5/1/2018. (McDevitt, Larry) |
| Filing 12 Waiver of Service Returned Executed filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. Koch Foods, Inc. waiver sent on 3/2/2018, answer due 5/1/2018. (McDevitt, Larry) |
| Filing 11 Financial Disclosure Statement by Nancy Butler (McDevitt, Larry) |
| Filing 10 Financial Disclosure Statement by Myles Weaver (McDevitt, Larry) |
| Filing 9 Financial Disclosure Statement by Melissa Weaver (McDevitt, Larry) |
| Filing 8 Financial Disclosure Statement by Jonathan Walters (McDevitt, Larry) |
| Filing 7 Financial Disclosure Statement by Johnny Upchurch (McDevitt, Larry) |
| Filing 6 Financial Disclosure Statement by Haff Poultry, Inc. (McDevitt, Larry) |
| Filing 5 Notice of Appearance filed by Larry McDevitt on behalf of All Plaintiffs. (McDevitt, Larry) |
| Filing 4 Notice of Appearance filed by David Matthew Wilkerson on behalf of All Plaintiffs. (Wilkerson, David) |
| Filing 3 Summonses Issued as to Koch Foods, Inc., Koch Meat Co., Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). Counsel is reminded to print summonses and effect service. (Briggeman, N.) |
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Filing 2
Order Redesignating Division - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Southern Division case. The Honorable James C. Dever III, Chief United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 7:18-CV-31-D. No further filing shall be made in 4:18-CV-30-D. Signed by Peter A. Moore, Jr., Clerk of Court on 2/26/2018. (Briggeman, N.)
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| Case transferred in from Eastern Division on 02/26/2018. Old Case Number 4:18-cv-30. (Briggeman, N.) |
| Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Notice to Counsel - Counsel is reminded that the court prefers flattened pdf fillable forms Civil Cover Sheet and Proposed Summons. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Rudd, D.) |
| Notice to Counsel: This case should have been filed in the Southern division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4408724.), filed by Melissa Weaver, Johnny Upchurch, Nancy Butler, Haff Poultry, Inc., Jonathan Walters, Myles Weaver. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons) (McDevitt, Larry) |
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