FOOD LION, LLC et al v. DAIRY FARMERS OF AMERICA, INC.
| FOOD LION, LLC and MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. |
| DAIRY FARMERS OF AMERICA, INC. |
| 1:2020cv00442 |
| May 19, 2020 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Anti-Trust |
| 15 U.S.C. § 1 |
| None |
Docket Report
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Filing 137
ORDER signed by JUDGE CATHERINE C. EAGLES on 04/05/2021. For good cause shown this Motion, Doc. #136 , is GRANTED. NOW THEREFORE, IT IS ORDERED that the Stipulated Notice of Material Change Order, Doc. #39 , is hereby VACATED and DISSOLVED. (Garland, Leah)
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| Motions Submitted: #136 Joint MOTION to Vacate Stipulated Notice of Material Change Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 136 Joint MOTION to Vacate Stipulated Notice of Material Change Order by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 4/2/2021 (Attachments: #1 Text of Proposed Order)(POWELL, BRENT) |
| Filing 135 STIPULATION of Dismissal of Case with Prejudice by FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (BAKOWSKI, ALAN) |
| Filing 134 REPORT OF MEDIATOR from Jonathan R. Harkavy - Mediation Held on 2/22/2021 and 2/23/2021. Complete settlement of the case.(Bond, Melisa) |
| Case Reported Settled at Mediation. (Bond, Melisa) |
| Case Reported Settled by defense counsel Brent Powell. Stipulation of Dismissal due by 3/25/21. (Sanders, Marlene) |
| TEXT ORDER granting #132 Motion for Extension of Time to File Response. For good cause shown, Plaintiffs shall file their response to Defendant Dairy Farmers of America, Inc.'s Motion to Compel Plaintiffs to Provide Complete Responses to 13 Interrogatories (Docket Entry 120) no later than February 24, 2021. Issued by MAG/JUDGE JOE L. WEBSTER on 2/22/2021.(Lee, Pedra) |
| Filing 133 REPLY, filed by Defendant DAIRY FARMERS OF AMERICA, INC., to Response to #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 132 Consent MOTION for Extension of Time to File Response/Reply as to #120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories) by MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (BAKOWSKI, ALAN) |
| Motions Referred: RE: #132 Consent MOTION for Extension of Time to File Response/Reply as to #120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories) to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene) |
| Filing 131 CERTIFICATE re #120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories), #121 Declaration, Certification of Counsel Regarding Materials Filed Under Seal by Plaintiff FOOD LION, LLC. (RICH, RYAN) |
| Filing 130 CERTIFICATE of Counsel re #123 SEALED Document, #121 Declaration, by ALAN W. BAKOWSKI on behalf of MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (BAKOWSKI, ALAN) |
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Filing 129
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 12/18/2020, that the Motion (Docket Entry #127 ) is GRANTED and that the following deadlines and schedule shall apply in this matter: 1. All discovery and ongoing litigation is stayed for a period of sixty (60) days, and all deadlines approved by this Court's Order of October 6, 2020 (Docket Entry #67 ) are hereby modified and extended for a period of sixty (60) days. 2. The Court shall hold in abeyance all pending motions and suspend briefing on all motions for a period of sixty (60) days. For clarity, the pending Motions are set out herein. 3. The current deadline to conduct formal mediation is extended to and including February 23, 2021; and In all other respects, this Court's previously Stipulated Discovery and Briefing Schedule/Order (Docket Entry #67 ) shall remain in full force and effect. (Garland, Leah)
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| Filing 128 CERTIFICATE of Counsel re #115 SEALED Document,, #116 SEALED Brief by ALAN W. BAKOWSKI on behalf of MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (BAKOWSKI, ALAN) |
| Filing 127 Joint MOTION to Stay Joint Motion to Extend Deadlines, to Hold Pending Motions in Abeyance, and to Stay Proceedings Temporarily by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 12/17/2021 (Attachments: #1 Text of Proposed Order)(POWELL, BRENT) |
| Filing 126 Cobblestone Milk Cooperative, Inc.'s BRIEF re #114 Brief in Support of Certification and Motion that Exhibits D through H Remain Permanently Under Seal. (WALL, FRANK) |
| Filing 125 Cobblestone Milk Cooperative, Inc.'s BRIEF re #114 Brief in Opposition to Defendant's Motion to Compel Compliance with Third-Party Subpoena Duces Tecum. (Attachments: #1 Affidavit of Roger Jefferson)(WALL, FRANK) |
| Motions Referred: RE: #127 Joint MOTION to Stay Joint Motion to Extend Deadlines, to Hold Pending Motions in Abeyance, and to Stay Proceedings Temporarily to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene) |
| Filing 124 BRIEF re #120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories) by Defendant DAIRY FARMERS OF AMERICA, INC. filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 123 SEALED DOCUMENT re #121 Declaration, by Defendant DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A 2020.10.07 Food Lion Responses to DFA Interrogatories, #2 Exhibit B 2020.10.07 MDVA Responses to DFA's First Interrogatories, #3 Exhibit C Food Lion ROG Deficiency Letter 11 09 2020, #4 Exhibit D MDVA Rog Deficiency Letter 11 09 2020, #5 Exhibit E 11-11-2020 Hunton Email, #6 Exhibit F 11-11-2020 Troutman Email)(POWELL, BRENT) |
| Filing 121 DECLARATION filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories) filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E 11-11-2020 Hunton Email, #6 Exhibit F 11-11-2020 Troutman Email)(POWELL, BRENT) |
| Filing 120 MOTION to Compel Discovery (Plaintiff's Complete Responses to 13 Interrogatories) by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 12/23/2020 (POWELL, BRENT) |
| Filing 119 JOINT MOTIONfor Approval of Stipulation and Proposed Order [ECF No. 117] Regarding Production of Electronically Stored Information and Hard Copy Documents by FOOD LION, LLC. (RICH, RYAN) |
| Filing 118 CERTIFICATE OF SERVICE by DAIRY FARMERS OF AMERICA, INC. re #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM, #115 SEALED Document,, #116 SEALED Brief (POWELL, BRENT) |
| Filing 117 JOINT STIPULATION and Proposed Order re ESI Protocol filed by all parties.. (RICH, RYAN) |
| Filing 116 SEALED BRIEF re #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM by Defendant DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 115 SEALED DOCUMENT re #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM by Defendant DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A - Subpoena to Cobblestone Milk Cooperative, Inc., #2 Exhibit B - Return of Service, #3 Exhibit C - Cobblestones response to DFAs subpoena, #4 Exhibit D - SEALED - Excerpts from CBLSTN0001-240, #5 Exhibit E - SEALED - Excerpts from CBLSTN0241-407, #6 Exhibit F - SEALED - CBLSTN0433-435, #7 Exhibit G - SEALED - Milk Supply Agreement, #8 Exhibit H - SEALED - Milk Marketing and Supply Agreement, #9 Exhibit I - Nov 18 2020 Email Thread, #10 Exhibit J - Nov 20 2020 Email Thread)(POWELL, BRENT) |
| Filing 114 BRIEF re #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM (REDACTED) by Defendant DAIRY FARMERS OF AMERICA, INC. filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 113 DECLARATION filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A - Subpoena to Cobblestone Milk Cooperative, Inc., #2 Exhibit B - Return of Service, #3 Exhibit C - Cobblestones response to DFAs subpoena, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Nov 18 2020 Email Thread, #10 Exhibit J - Nov 20 2020 Email Thread)(POWELL, BRENT) |
| Filing 112 MOTION to Compel COMPLIANCE WITH SUBPOENA DUCES TECUM by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 12/24/2020 (POWELL, BRENT) |
| Motions Referred: RE: #109 MOTION for Leave to File Sur-Reply, to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene) |
| TEXT ORDER Re: ESI Protocol. In the #69 Joint Rule 26(f) Report submitted by the Parties and approved by the Court on November 3, 2020, the Parties indicated that they "have agreed to a stipulated protocol regarding Electronically-Searchable Information (ESI) that they are submitting contemporaneously with this report." (Docket Entry 69 at 1-2.) However, it appears that the ESI protocol was never submitted. As Plaintiffs' pending motions to compel involve the discovery of ESI, the Court requests that the Parties' ESI protocol be filed on or before 5:00 pm on December 3, 2020. Issued by MAG/JUDGE JOE L. WEBSTER on 12/2/2020. (Geissler, Rachel) |
| Filing 111 RESPONSE in Opposition re #109 MOTION for Leave to File Sur-Reply filed by DAIRY FARMERS OF AMERICA, INC. filed by FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (RICH, RYAN) |
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Filing 110
ORDER Appointing JONATHAN R. HARKAVY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
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| Filing 109 MOTION for Leave to File Sur-Reply by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 12/21/2020 (Attachments: #1 Exhibit A - Proposed Sur-Reply)(POWELL, BRENT) |
| Filing 108 CERTIFICATE of Counsel re #96 Reply to Response to Motion, #97 SEALED Brief,, by RYAN GEORGE RICH on behalf of FOOD LION, LLC (RICH, RYAN) |
| Filing 107 CERTIFICATE re #97 SEALED Brief,, by Plaintiff MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (BAKOWSKI, ALAN) |
| Filing 106 NOTICE by DAIRY FARMERS OF AMERICA, INC. Stipulation Regarding Selection of Mediator (POWELL, BRENT) |
| Filing 105 DECLARATION of Brent F. Powell re #90 SEALED Document,,,, #93 SEALED Document,,,,,,,, by Defendant DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Proposed Redacted Exhibit K)(POWELL, BRENT) |
| Motions Referred: RE: #80 MOTION Motion to Deem Requests for Admission Admitted , #85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms, #91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration, #88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production, to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene) |
| Filing 104 SEALED BRIEF re #103 Reply to Response to Motion, by Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(RICH, RYAN) |
| Filing 103 REPLY, filed by Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC., to Response to #85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms, #91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration, #88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production filed by FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(RICH, RYAN) |
| Filing 102 SEALED UNREDACTED DOCUMENTS Sealed Exhibits to Declaration of Amber L. McDonald in Support of Diary Farmers of America, Inc.'s Consolidated Brief in Opposition to Plaintiffs' Motions to Compel filed by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. re #100 Declaration. (Attachments: #1 Exhibit 1 - March 5, 2020 Email Exchange, #2 Exhibit 2 - May 18, 2020 Email Exchange, #3 Exhibit 3 - October 23, 2018 Price Projection, #4 Exhibit 4 - May 23, 2019 Price Projection, #5 Exhibit 5 - August 22, 2019 Price Projection, #6 Exhibit 6 - May 19, 2019 Email Exchange, #7 Exhibit 7 - June 7, 2019 Email Exchange, #8 Exhibit 8 - Draft Slide Presentation, #9 Exhibit 9 - December 4-5, 2019 Southeast Area Council Meeting Presentation, #10 Exhibit 10 - July 9, 2018 Presentation, #11 Exhibit 11 - January 8, 2016 Dean Foods 8-K, #12 Exhibit 12 - July 29, 2019 Dean Foods 8-K, #13 Exhibit 13 - September 24, 2019 Dean Foods 8-K, #14 Exhibit 14 - Agreed Search Terms, #15 Exhibit 15 - Search Terms by RFP, #16 Exhibit 16 - Search Terms Tested)(POWELL, BRENT) |
| Filing 101 SEALED BRIEF re #99 Response in Opposition to Motion, Dairy Farmers of America, Inc.'s Consolidated Brief in Opposition to Plaintiffs' Motions to Compel by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (POWELL, BRENT) |
| Filing 100 DECLARATION of Amber L. McDonald in Support of Dairy Farmers of America, Inc.'s Consolidated Brief in Opposition to Plaintiffs' Motions to Compel filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #99 Response in Opposition to Motion,,, filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - January 8, 2016 Dean Foods 8-K, #12 Exhibit 12 - July 29, 2019 Dean Foods 8-K, #13 Exhibit 13 - September 24, 2019 Dean Foods 8-K, #14 Exhibit 14 - Agreed Search Terms, #15 Exhibit 15 - Search Terms by RFP, #16 Exhibit 16 - Search Terms Tested)(POWELL, BRENT) |
| Filing 99 RESPONSE in Opposition re #85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms filed by FOOD LION, LLC, #91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration filed by FOOD LION, LLC, #88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production filed by FOOD LION, LLC Consolidated Brief in Opposition to Plaintiffs' Motions to Compel filed by DAIRY FARMERS OF AMERICA, INC.. Replies due by 11/19/2020 (POWELL, BRENT) |
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Filing 98
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/16/2020, that: 1. The motion to withdraw and substitute, Doc. #84 , is GRANTED; 2. The clerk is directed to replace Doc. #71 -2 with Doc. #74 -2 and replace Doc. #71 -1 with Doc. #84 -1; 3. The replaced attachments at Docs. #71 -1 and #71 -2 shall be public documents; 4. Docs. #74 -1 and #74 -2 are withdrawn in lieu of the aforementioned substitutions; 5. Doc. #73 will be unsealed; 6. The motion to seal, Doc. #72 , is withdrawn at the parties' request. (Garland, Leah)
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| Filing 97 SEALED BRIEF re #80 MOTION Motion to Deem Requests for Admission Admitted , #96 Reply to Response to Motion, by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A - Excerpts from the Deposition of Matthew Hoff, #2 Exhibit B - March 2017 Milk Strategy Presentation, #3 Exhibit C - December 2019 Presentation, #4 Exhibit D - June 17-18 2020 Email Thread)(POWELL, BRENT) |
| Filing 96 REPLY, filed by Defendant DAIRY FARMERS OF AMERICA, INC., to Response to #80 MOTION Motion to Deem Requests for Admission Admitted filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - FILED UNDER SEAL, #4 Exhibit D - FILED UNDER SEAL)(POWELL, BRENT) |
| Motions Referred: RE: #94 MOTION for Leave Unopposed Motion for Leave to File Consolidated Brief in Response to Plaintiffs' Motions to Compel and to Exceed Word Limits to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene) |
| TEXT ORDER granting #94 Unopposed Motion for Leave to File Consolidated Brief. For good cause shown, on or before November 16, 2020, Defendant Dairy Farmers of America, Inc. shall file a consolidated brief in opposition to Plaintiffs' motions to compel (Docket Entries 85, 88, and 91) containing no more than 12,500 words. Plaintiffs shall file a consolidated reply brief of no more than 6,500 words on or before November 19, 2020. Issued by MAG/JUDGE JOE L. WEBSTER on 11/10/2020.(Lee, Pedra) |
| Filing 95 RESPONSE in Opposition re #80 MOTION Motion to Deem Requests for Admission Admitted filed by DAIRY FARMERS OF AMERICA, INC. filed by FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. Replies due by 11/12/2020 (BAKOWSKI, ALAN) |
| Filing 94 MOTION for Leave Unopposed Motion for Leave to File Consolidated Brief in Response to Plaintiffs' Motions to Compel and to Exceed Word Limits by DAIRY FARMERS OF AMERICA, INC.. Responses due by 11/10/2020 (Attachments: #1 Text of Proposed Order)(POWELL, BRENT) |
| Filing 93 SEALED DOCUMENT re #91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A Email from McDonald to Simpson re Document Custodians 9/9/20, #2 Exhibit B Email from Martin to McDonald re Document Custodians 9/23/20, #3 Exhibit C Letter Simpson to McDonald re Custodian Search Term Proposal 9/29/20 - Filed Under Seal, #4 Exhibit D Letter from McDonald to Simpson re Outstanding Issues 10/23/20 - File Under Seal, #5 Exhibit E Dean Foods Milk Supply Agreement - Filed Under Seal, #6 Exhibit F Email from Macedonio to Graham DFA Agreement - Filed Under Seal, #7 Exhibit G DFA Project Presentation - Filed Under Seal, #8 Exhibit H Email from Waterman to Beringause re Board Materials - Filed Under Seal, #9 Exhibit I Email from Macedonio to Waterman re Financing Update Materials - Filed Under Seal, #10 Exhibit J Email from Coleman to Scozzafava re Agenda Upcoming Call - Filed Under Seal, #11 Exhibit K Email from Scozzafava to Macedonio re Confidential Letter - Filed Under Seal, #12 Exhibit L Email from Scozzafava to Macedonio re Business Analysis - Filed Under Seal, #13 Exhibit M Notes and Observations McCoy to Brummel - Filed Under Seal, #14 Exhibit N DFA Corporate Board Meeting Agenda - Filed Under Seal, #15 Exhibit O Email from Allen to Rodenbaugh re Daily Cost Estimates - Filed Under Seal, #16 Exhibit P DFA Farm-to-Consumer Environmental Analysis - Filed Under Seal, #17 Exhibit Q Email from Mcginnis to Bebermeyer re Equity Plans - Filed Under Seal, #18 Exhibit R Email from Panko to Allen re Monthly Class Price - Filed Under Seal, #19 Exhibit S Email Allen to Panko - June Board Meeting Discussion - Filed Under Seal)(RICH, RYAN) |
| Filing 92 BRIEF re #91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration by Plaintiff FOOD LION, LLC filed by FOOD LION, LLC. (Attachments: #1 Exhibit A Email from McDonald to Simpson re Document Custodians 9/9/20, #2 Exhibit B Email from Martin to McDonald re Document Custodians 9/23/20, #3 Exhibit C Letter Simpson to McDonald re Custodian Search Term Proposal 9/29/20 - Redacted, #4 Exhibit D Letter from McDonald to Simpson re Outstanding Issues 10/23/20 - Redacted, #5 Exhibit E Dean Foods Milk Supply Agreement - Redacted, #6 Exhibit F Email from Macedonio to Graham DFA Agreement - Redacted, #7 Exhibit G DFA Project Presentation - Redacted, #8 Exhibit H Email from Waterman to Beringause re Board Materials - Redacted, #9 Exhibit I Email from Macedonio to Waterman re Financing Update Materials - Redacted, #10 Exhibit J Email from Coleman to Scozzafava re Agenda Upcoming Call - Redacted, #11 Exhibit K Email from Scozzafava to Macedonio re Confidential Letter - Redacted, #12 Exhibit L Email from Scozzafava to Macedonio re Business Analysis - Redacted, #13 Exhibit M Notes and Observations McCoy to Brummel - Redacted, #14 Exhibit N DFA Corporate Board Meeting Agenda - Redacted, #15 Exhibit O Email from Allen to Rodenbaugh re Daily Cost Estimates - Redacted, #16 Exhibit P DFA Farm-to-Consumer Environmental Analysis - Redacted, #17 Exhibit Q Email from Mcginnis to Bebermeyer re Equity Plans - Redacted, #18 Exhibit R Email from Panko to Allen re Monthly Class Price - Redacted, #19 Exhibit S Email Allen to Panko - June Board Meeting Discussion - Redacted)(RICH, RYAN) |
| Filing 91 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendants to Produce Responsive Documents From Eight Additional Custodians and Request for Expedited Consideration by FOOD LION, LLC. Response to Motion due by 11/20/2020 (RICH, RYAN) |
| Filing 90 SEALED DOCUMENT re #88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A Letter from McDonald to Simpson re: Outstanding Discovery Issues - 10/29/20 Filed Under Seal, #2 Exhibit B Letter from McDonald to Martin 10/20/20, #3 Exhibit C Letter from Simpson to McDonald 7/31/20, #4 Exhibit D DeanFoods Presentation August 2017 - Filed Under Seal, #5 Exhibit E Letter from McDonald to Simpson re: Meet and Confer - 8/31/20 Filed Under Seal, #6 Exhibit F Letter from Simpson to Powell 10/21/20, #7 Exhibit G EXCERPTED DFA Southeast Area Council Meeting - Filed Under Seal, #8 Exhibit H Email from McDonald to Simpson 9/9/20, #9 Exhibit I Email from Simpson to McDonald 9/10/20, #10 Exhibit J EXCERPTED DFA Project Creamery Presentation - Filed Under Seal, #11 Exhibit K Letter from Smith to Scozzafava 12/13/17 - Filed Under Seal)(RICH, RYAN) |
| Filing 89 BRIEF re #88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production by Plaintiff FOOD LION, LLC filed by FOOD LION, LLC. (Attachments: #1 Exhibit A Letter from McDonald to Simpson re: Outstanding Discovery Issues - 10/29/20 Filed Under Seal, #2 Exhibit B Letter from McDonald to Martin 10/20/20, #3 Exhibit C Letter from Simpson to McDonald 7/31/20, #4 Exhibit D DeanFoods Presentation August 2017 - Filed Under Seal, #5 Exhibit E Letter from McDonald to Simpson re: Meet and Confer - 8/31/20 Filed Under Seal, #6 Exhibit F Letter from Simpson to Powell 10/21/20, #7 Exhibit G EXCERPTED DFA Southeast Area Council Meeting - Filed Under Seal, #8 Exhibit H Email from McDonald to Simpson 9/9/20, #9 Exhibit I Email from Simpson to McDonald 9/10/20, #10 Exhibit J EXCERPTED DFA Project Creamery Presentation - Filed Under Seal, #11 Exhibit K Letter from Smith to Scozzafava 12/13/17 - Filed Under Seal)(RICH, RYAN) |
| Filing 88 MOTION to Compel Discovery Motion to Compel Documents Responsive to Plaintiffs' First, Second, and Third Requests for Production by FOOD LION, LLC. Response to Motion due by 11/20/2020 (RICH, RYAN) |
| MEDIATION SCHEDULING ORDER; Selection of Mediator due by 11/24/2020. Mediation due by 2/12/2021. (Kemp, Donita) |
| Filing 87 SEALED DOCUMENT re #85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A DFA Response to Plaintiffs' 1st Set of RFPs, #2 Exhibit B DFA Responses to Plaintiffs' 2nd Set of RFPs, #3 Exhibit C Letter C. Simpson to B. Powell - 9/10/20, #4 Exhibit D Letter from B. Powell to C. Simpson 9/28/20, #5 Exhibit E Letter from C. Simpson to B. Powell 9/9/20, #6 Exhibit F Letter from B. Powell to C. Simpson 9/14/20, #7 Exhibit G DFA Responses to Plaintiffs' 3rd Set of RFPs, #8 Exhibit H Emails Between the Parties re: Custodians and Search Terms - Aug. 2020, #9 Exhibit I Emails Between the Parties re: Proposals - Plaintiffs' 2nd Set of RFPs, #10 Exhibit J Email from McDonald to Simpson re: Proposed Custodians and Search Terms 9/21/20, #11 Exhibit K Email from Simpson to McDonald re: Proposed Custodians and Search Terms 9/29/20, #12 Exhibit L Letter from McDonald to Simpson re: Custodians and Search Terms Proposed 10/6/20, #13 Exhibit M Emails Between the Parties re: Proposed Custodians and Search Terms Oct. 2020, #14 Exhibit N Emails Between the Parties re: Proposed Custodians and Search Terms 10/26/20, #15 Exhibit O Letter from A. McDonald to C. Simpson re: Search Terms 10/29/20 CONFIDENTIAL, #16 Exhibit P Side by Side Comparison of Search Term Proposals)(RICH, RYAN) |
| Filing 86 BRIEF re #85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms by Plaintiff FOOD LION, LLC filed by FOOD LION, LLC. (Attachments: #1 Exhibit A DFA Response to Plaintiffs' 1st Set of RFPs, #2 Exhibit B DFA Responses to Plaintiffs' 2nd Set of RFPs, #3 Exhibit C Letter C. Simpson to B. Powell - 9/10/20, #4 Exhibit D Letter from B. Powell to C. Simpson 9/28/20, #5 Exhibit E Letter from C. Simpson to B. Powell 9/9/20, #6 Exhibit F Letter from B. Powell to C. Simpson 9/14/20, #7 Exhibit G DFA Responses to Plaintiffs' 3rd Set of RFPs, #8 Exhibit H Emails Between the Parties re: Custodians and Search Terms - Aug. 2020, #9 Exhibit I Emails Between the Parties re: Proposals - Plaintiffs' 2nd Set of RFPs, #10 Exhibit J Email from McDonald to Simpson re: Proposed Custodians and Search Terms 9/21/20, #11 Exhibit K Email from Simpson to McDonald re: Proposed Custodians and Search Terms 9/29/20, #12 Exhibit L Letter from McDonald to Simpson re: Custodians and Search Terms Proposed 10/6/20, #13 Exhibit M Emails Between the Parties re: Proposed Custodians and Search Terms Oct. 2020, #14 Exhibit N Emails Between the Parties re: Proposed Custodians and Search Terms 10/26/20, #15 Exhibit O Letter from McDonald to Simpson 10/26/20 FILED UNDER SEAL, #16 Exhibit P Side by Side Comparison of Search Term Proposals)(RICH, RYAN) |
| Filing 85 MOTION to Compel Discovery Plaintiffs' Motion to Compel Defendant DFA to Extract and Review Documents Responsive to Search Terms by FOOD LION, LLC. Response to Motion due by 11/19/2020 (RICH, RYAN) |
| Motions Submitted: #72 MOTION to Seal Confidential Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4], #84 Joint MOTION to Withdraw #74 SEALED Unredacted Documents (LR 5.4), #71 Declaration, #72 MOTION to Seal Confidential Documents [If the party filing this motion is not the party claiming confidentiality, the party claimin to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
| Filing 84 Joint MOTION to Withdraw #74 SEALED Unredacted Documents (LR 5.4), #71 Declaration, #72 MOTION to Seal Confidential Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC.. (Attachments: #1 Exhibit A - Substituted Exhibit 1, #2 Text of Proposed Order)(BAKOWSKI, ALAN) |
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Filing 83
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 11/3/2020, the Court approves the Joint Rule 26(f) Report (Docket Entry #69 ) with the following modifications as set out. Discovery shall be established as Exceptional. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties will agree on a mediator and notify the court before the completion of discovery. The parties do not consent to refer to a magistrate or appointment of a master. (Garland, Leah)
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Filing 82
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/2/2020, that: 1. The plaintiffs' objection, Doc. #68 , to the Magistrate Judge's Order at Doc. #64 , is OVERRULED and to the extent the plaintiffs' first motion to compel discovery, Doc. #46 , is before the Court on this objection, it is DENIED and the Magistrate Judge's decision is adopted. 2. The defendant's objection, Doc. #70 , to the Magistrate Judge's Order at Doc. #66 , is OVERRULED and to the extent the defendant's motion for protective order, Doc. #52 , is before the Court on this objection, it is DENIED and the Magistrate Judge's decision is adopted. (Garland, Leah)
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| CASE REFERRED RE: #68 Objection and #70 Objection to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 81 BRIEF re #80 MOTION Motion to Deem Requests for Admission Admitted by Defendant DAIRY FARMERS OF AMERICA, INC. filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 80 MOTION Motion to Deem Requests for Admission Admitted by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 11/19/2020 (Attachments: #1 Exhibit 1 - First Requests for Admission to Plaintiffs, #2 Exhibit 2 - MDVA's Responses to 1st RFAs, #3 Exhibit 3 - Food Lion's Responses to 1st RFAs, #4 Exhibit 4 - 10-13-20 Letter from B. Powell to J. Lamberth, #5 Exhibit 5 - 10-13-20 Letter from B. Powell to C. Simpson, #6 Exhibit 6 - 10-16-20 Letter from A. Bakowski to B. Powell, #7 Exhibit 7 - 10-16-20 Letter from C. Simpson to B. Powell)(POWELL, BRENT) |
| Filing 79 RESPONSE re #73 SEALED Unredacted Documents (LR 5.4), filed by FOOD LION, LLC. Replies due by 11/12/2020 (Attachments: #1 Exhibit A Excerpted - MDVA Responses to DFA First Set of Interrogatories, #2 Exhibit B Redacted Email Kinser to Bebermeyer)(RICH, RYAN) |
| Filing 78 SUPPLEMENTAL PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/28/2020, as set out herein. (Garland, Leah) |
| Filing 77 CORRECTED RULE 502(d) ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/28/2020, as set out herein. (Garland, Leah) |
| TEXT ORDER granting #75 Joint Motion for Entry of a Supplemental Protective Order and Corrected Rule 502 Order. After consideration of said motion, and for good cause shown, the Court will grant the motion to the extent a Supplemental Protective Order and Corrected Rule 502(d) Order shall be entered simultaneously with this Order. It is further ordered that Docket Entry 51, "Rule 502(d) Order," which was incorrectly-titled and inadvertently submitted by the parties, shall be stricken from the record. Issued by MAG/JUDGE JOE L. WEBSTER on 10/28/2020.(Lee, Pedra) |
| Filing 76 RESPONSE re #68 OBJECTION - Other re #64 Order on Motion to Compel Discovery, filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Appendix Unpublished Orders)(POWELL, BRENT) Modified on 10/28/2020 to correct docket entry relationship. (Garland, Leah) |
| Filing 75 Joint MOTION for Protective Order (Supplemental Protective Order) and Corrected Rule 502(d) Order by FOOD LION, LLC. Response to Motion due by 11/6/2020 (Attachments: #1 Exhibit A Supplemental Protective Order, #2 Exhibit B Corrected Rule 502(d) Order)(RICH, RYAN) |
| Motions Referred: RE: #75 Joint MOTION for Protective Order (Supplemental Protective Order) and Corrected Rule 502(d) Order to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene) |
| Filing 74 SEALED UNREDACTED DOCUMENTS Declaration of Amber L. McDonald in Support of Dairy Farmers of America, Inc.'s Objections to October 6, 2020 Order on Motion for Protective Order filed by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. re #71 Declaration,. (Attachments: #1 Exhibit 1 - Excerpts from Strategic Plan, #2 Exhibit 2 - March 2018 Email)(POWELL, BRENT) |
| Filing 73 SEALED UNREDACTED DOCUMENTS Dairy Farmers of America, Inc.'s Objections to October 6, 2020 Order on Motion for Protective Order filed by Defendant DAIRY FARMERS OF AMERICA, INC., Plaintiffs FOOD LION, LLC, MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. re #70 Objection - Other. (POWELL, BRENT) |
| Filing 72 MOTION to Seal Confidential Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 11/3/2020 (POWELL, BRENT) |
| Filing 71 DECLARATION re #70 Objection - Other Declaration of Amber L. McDonald in Support of Dairy Farmers of America, Inc.'s Objections to October 6, 2020 Order on Motion for Protective Order by Defendant DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal)(POWELL, BRENT) (Attachment 1 and Attachment 2 replaced on 11/16/2020 pursuant to #98 Order) (Garland, Leah) |
| Filing 70 OBJECTION - Other re #66 Order on Motion for Protective Order,, by Defendant DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 69 Rule 26(f) Report (Joint) filed by all parties by DAIRY FARMERS OF AMERICA, INC..(POWELL, BRENT) |
| Filing 68 OBJECTION - Other re #64 Order on Motion to Compel Discovery, by Plaintiff FOOD LION, LLC. (Attachments: #1 Exhibit A Defendant's Responses and Objections to Combined Third Set of Requests for Production)(RICH, RYAN) |
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Filing 67
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/6/2020, that the Motion (Docket Entry #65 ) is GRANTED and that the following deadlines and schedule shall apply to this matter: 1. All Parties shall substantially complete the production of documents and data by November 17, 2020. 2. Depositions of all non-expert witnesses and fact discovery shall be completed by February 12, 2021. 3. The Parties shall meet and confer concerning a proposed pretrial schedule by February 19, 2021. 4. The Parties shall submit a proposed pretrial schedule by February 24, 2021. 5. The Plaintiffs shall serve their expert report(s) by February 26, 2021. 6. The Defendant shall serve its expert report(s) by April 23, 2021. 7. The Parties shall serve all requests for admission on or before April 16, 2021. All responses to requests for admission shall be served no later than May 17, 2021. 8. The Plaintiffs shall submit rebuttal expert report(s) by May 21, 2021. 9. All Motions for Summary Judgment and Motions to Exclude Expert Witnesses or Testimony shall be filed by June 4, 2021. 10. All responses and oppositions to Motions for Summary Judgment or to Exclude Expert Witnesses or Testimony shall be filed by July 6, 2021. 11. All replies on Motions for Summary Judgment or to Exclude Expert Witnesses or Testimony shall be filed by July 20, 2021. 12. This matter shall be ready for trial by August 2, 2021 with a trial date to be set by the Court. In all other respects, this Court's previous Stipulated Discovery and Briefing Schedule/Order (Docket Entry #40 ) shall remain in full force and effect. (Garland, Leah)
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Filing 66
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/6/2020, that Defendant's Motion for Protective Order as to Plaintiffs' Second Requests for Production of Documents (Docket Entry #52 ) is GRANTED IN PART (as to Requests Nos. 25, 41, 43, 44, 45, 46, 47, 49 and 50) AND DENIED IN PART (as to Request Nos. 26, 27, 29, 31, 40 and 48). DFA shall supplement its responses as stated herein no later than thirty (30) days from the date of this Order. (Garland, Leah)
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| Motions Referred: RE: #65 JOINT MOTIONto Modify Discovery and Briefing Schedule to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene) |
| Filing 65 JOINT MOTIONto Modify Discovery and Briefing Schedule by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 1 - Proposed Modified Deadlines)(POWELL, BRENT) |
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Filing 64
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 9/29/2020, that Food Lion and MDVA's motion to compel (Docket Entry #46 ) is GRANTED IN PART AND DENIED IN PART. DFA shall supplement its responses as stated herein no later than seven (7) days from the date of this Order. (Garland, Leah)
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| Filing 63 NOTICE of Attorney Appearance by attorney ERIN A. GLAVICH on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (GLAVICH, ERIN) |
| Motions Referred: RE: #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene) |
| Filing 62 REPLY, filed by Defendant DAIRY FARMERS OF AMERICA, INC., to Response to #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 6 - Article re Murray, Kentucky Plant, #2 Exhibit 7 - Excerpts of DFA's 2nd RFPs to MDVA)(POWELL, BRENT) |
| Filing 61 NOTICE of Special Appearance by attorney ALAN W. BAKOWSKI on behalf of Plaintiff MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. ( Filing fee $ 25 receipt number 0418-2897682.) (BAKOWSKI, ALAN) |
| Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 9/18/2020 re: #46 Motion to Compel Discovery. Attorneys Carter Simpson, JohnMartin, Kevin Hahm, Ryan Phair, Ryan Rich participated for Food Lion, LLC. Attorney JamesLamberth for Maryland and Virginia Milk Producers Cooperative Association, Inc., andAttorneys Brent Powell, James Cooney, III, Amber McDonald, Sarah Stone and Todd Miller forDairy Farmers of America, Inc. Court takes matter under advisement. Proceedings recorded. (Garrett, Kim) |
| Filing 60 RESPONSE in Opposition re #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents filed by DAIRY FARMERS OF AMERICA, INC. filed by FOOD LION, LLC. Replies due by 10/1/2020 (Attachments: #1 Exhibit A 9/9/2020 Letter from C. Simpson to B. Powell, #2 Exhibit B 9/14/2020 Letter from B. Powell to C. Cimpson)(RICH, RYAN) |
| Email notification/confirmation to parties on record setting hearing: Telephone Conference set for 9/18/2020 12:30 AM before MAG/JUDGE JOE L. WEBSTER. Parties emailed information for call. (Garrett, Kim) |
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Filing 59
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/16/2020, that Plaintiffs' Consent Motion for an Extension of Time to Respond to Dairy Farmers of America, Inc.'s Motion for Protective Order as to Plaintiffs' Second Requests for Production of Documents is GRANTED. Plaintiffs shall file a Response to Defendant's Motion for Protective Order as to Plaintiffs' Second Requests for Production of Documents on or before September 17, 2020. (Garland, Leah)
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| Motions Referred: RE: #46 First MOTION to Compel Discovery and Request for Expedited Consideration to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene) |
| Filing 58 REPLY, filed by Plaintiff FOOD LION, LLC, to Response to #46 First MOTION to Compel Discovery and Request for Expedited Consideration filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 57 Consent MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents by FOOD LION, LLC. (Attachments: #1 Text of Proposed Order)(RICH, RYAN) |
| Motions Submitted: #57 Consent MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 56 DECLARATION filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #55 Response in Opposition to Motion, filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 1 - Plaintiffs' 06/17/2020 First RFP, #2 Exhibit 2 - DFA's 07/17/2020 Responses and Objections to Plaintiffs' First RFP)(STONE, SARAH) |
| Filing 55 RESPONSE in Opposition re #46 First MOTION to Compel Discovery and Request for Expedited Consideration filed by FOOD LION, LLC, #47 Memorandum, filed by FOOD LION, LLC filed by DAIRY FARMERS OF AMERICA, INC.. Replies due by 9/22/2020 (STONE, SARAH) |
| Filing 54 BRIEF re #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents by Defendant DAIRY FARMERS OF AMERICA, INC. filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 53 DECLARATION filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents filed by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit 1 - Plaintiffs Food Lion and MDVA Second RFPs to DFA, #2 Exhibit 2 - 2020-08-18 Letter to Plaintiffs re 2nd RFPS, #3 Exhibit 3 - 2020-08-24 Letter to Plaintiffs re Second RFPs, #4 Exhibit 4 - 2020-08-26 Email from Carter Simpson to Brent Powell, #5 Exhibit 5 - DFAs Objections and Responses to 2nd RFPs)(POWELL, BRENT) |
| Filing 52 MOTION for Protective Order as to Plaintiffs' Second Requests for Production of Documents by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 9/15/2020 (POWELL, BRENT) |
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Filing 51
***STRICKEN***RULE 502(d) ORDER signed by JUDGE CATHERINE C. EAGLES on 8/31/2020, as set out herein. (Garland, Leah) Modified on 10/28/2020 to mark as Stricken pursuant to 10/28/2020 Text Order. (Garland, Leah).
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Filing 50
PROTECTIVE ORDER signed by JUDGE CATHERINE C. EAGLES on 8/31/2020, as set out herein. (Garland, Leah)
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| Motions Submitted: #48 Joint MOTION for Protective Order and Rule 502(d) Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 49 MEMORANDUM filed by Plaintiff FOOD LION, LLC re #48 Joint MOTION for Protective Order and Rule 502(d) Order filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 48 Joint MOTION for Protective Order and Rule 502(d) Order by FOOD LION, LLC. (Attachments: #1 Exhibit A - Stipulated Protective Order, #2 Exhibit B - Stipulated Rule 502(d) Order)(RICH, RYAN) |
| Filing 47 MEMORANDUM filed by Plaintiff FOOD LION, LLC re #46 First MOTION to Compel Discovery and Request for Expedited Consideration filed by FOOD LION, LLC. (Attachments: #1 Exhibit A August 10, 2020 Letter from McDonald to Simpson)(RICH, RYAN) |
| Filing 46 First MOTION to Compel Discovery and Request for Expedited Consideration by FOOD LION, LLC. Response to Motion due by 9/8/2020 (RICH, RYAN) |
| Filing 45 ANSWER to #1 Complaint by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A - Sweetwater Settlement Agreement)(POWELL, BRENT) |
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Filing 44
ORDER signed by JUDGE CATHERINE C. EAGLES on 7/24/2020, that the defendant Dairy Farmers of America, Inc.'s motion to dismiss, Doc. #30 , is DENIED. (Garland, Leah)
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| Motions Submitted: #30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 43 REPLY, filed by Defendant DAIRY FARMERS OF AMERICA, INC., to Response to #30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 42 NOTICE of Appearance by attorney MICHAEL G. EGGE on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (EGGE, MICHAEL) |
| Filing 41 RESPONSE in Opposition re #30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by DAIRY FARMERS OF AMERICA, INC. filed by FOOD LION, LLC. Replies due by 7/21/2020 (RICH, RYAN) |
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Filing 40
STIPULATED DISCOVERY AND BRIEFING SCHEDULE/ORDER signed by JUDGE CATHERINE C. EAGLES on 7/2/2020, as set out herein. (Garland, Leah)
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Filing 39
STIPULATED NOTICE OF MATERIAL CHANGE ORDER signed by JUDGE CATHERINE C. EAGLES on 7/2/2020, as set out herein. (Garland, Leah)
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| Motions Submitted: #38 JOINT MOTIONfor Entry of Stipulated Discovery and Briefing Schedule and Stipulated Notice of Material Change Order to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda) |
| Filing 38 JOINT MOTIONfor Entry of Stipulated Discovery and Briefing Schedule and Stipulated Notice of Material Change Order by DAIRY FARMERS OF AMERICA, INC.. (Attachments: #1 Exhibit A - Stipulated Discovery and Briefing Schedule/Order, #2 Exhibit B - Proposed Stipulated Notice of Material Change Order)(POWELL, BRENT) |
| Filing 37 NOTICE by DAIRY FARMERS OF AMERICA, INC. re #28 Order on Motion to Expedite,,,,,, #35 Order on Joint Motion, Joint Submission Regarding Agreed Upon Scheduling Order (POWELL, BRENT) |
| Filing 36 NOTICE of Appearance by attorney AMBER L. MCDONALD on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (MCDONALD, AMBER) |
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Filing 35
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/23/2020, that the Parties shall have through and until June 29, 2020, within which to file a Joint Submission addressing the Parties' positions on discovery. (Garland, Leah)
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| Filing 34 NOTICE of Appearance by attorney W. TODD MILLER on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (MILLER, W. TODD) |
| Filing 33 JOINT MOTIONTo Extend Deadline for Filing of Joint Submission on Discovery Scheduling by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Motions Submitted: #33 JOINT MOTIONTo Extend Deadline for Filing of Joint Submission on Discovery Scheduling to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 32 Additional Attachments to Main Document re #30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted Exhibit I - USDA Website re: Federal Milk Marketing Orders. (POWELL, BRENT) |
| Filing 31 MEMORANDUM filed by Defendant DAIRY FARMERS OF AMERICA, INC. re #30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by DAIRY FARMERS OF AMERICA, INC.. (POWELL, BRENT) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted by DAIRY FARMERS OF AMERICA, INC.. Response to Motion due by 7/7/2020 (Attachments: #1 Exhibit A - Declaration of Anthony Magro filed in Bankruptcy Court, #2 Exhibit B - Excerpt of March 12, 2020 Bankruptcy Court Hearing, #3 Exhibit C - Food Lion and MDVA Reply Brief in Support of Motion for Relief from Automatic Stay, #4 Exhibit D - April 5, 2020 Order Authorizing Sale of Assets, #5 Exhibit E - Excerpt of April 28, 2020 Bankruptcy Court Hearing, #6 Exhibit F - May 1, 2020 DOJ Press Release, #7 Exhibit G - Proposed Final Judgment in Illinois Federal Court Action, #8 Exhibit H - March 19, 2020 Order Approving Bidding Procedures)(POWELL, BRENT) |
| Filing 29 Transcript of Proceedings held on 06/04/2020, before Judge Catherine C. Eagles. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 7/10/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/17/2020. (Bell, Briana) |
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Filing 28
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/10/2020, that upon consideration and in the Court's inherent discretion to manage its docket, the Court finds that expedited discovery is appropriate and that a scheduling order is necessary. The motion for expedited discovery, Doc. #20 , is GRANTED to the extent stated herein. To summarize and state the schedule in a slightly different way: Immediately: Parties to meet and confer on expedited discovery plan; June 16, 2020: Defendant's motion to dismiss; June 17, 2020: Plaintiffs may serve document requests; June 22, 2020: Joint Submission on Discovery Schedule, if needed; July 7, 2020: Plaintiffs' response to Defendant's motion to dismiss; July 14, 2020: Defendant's reply brief for motion to dismiss; July 17, 2020: Assuming 6/17/20 service, Defendant's response to document requests is due and document production begins, subject to court review of briefing on motion to dismiss; If MTD Denied: 5 Days from denial, Parties meet and confer about scheduling going forward per Rule 26(f) and LR 16.1 and this Order; September 11, 2020: Expedited Discovery completed; September 18, 2020: Plaintiffs' supplemental brief and evidence in support of pending preliminary injunction motion, Doc. #13 , if needed; September 30, 2020: Defendant's response to motion for preliminary injunction; October 7, 2020: Plaintiffs' reply brief for preliminary injunction. (Garland, Leah)
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| Set Motion and R and R Deadlines/Hearings: Responses to Defendant's Motion to Dismiss due by 7/7/2020. Replies to Defendant's Motion to Dismiss due by 7/14/2020. (Garland, Leah) |
| Reset Scheduling Order Deadlines: Expedited Discovery due by 9/11/2020. Defendant's Motion to Dismiss due by 6/16/2020. (Garland, Leah) |
| Set/Reset Motion and R and R Deadlines/Hearings re: #13 MOTION for Preliminary Injunction: Responses due by 9/30/2020. Replies due by 10/7/2020. (Garland, Leah) |
| Filing 27 SUMMONS Returned Executed by FOOD LION, LLC as to MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. served on 5/26/2020, answer due 6/16/2020. on Proof of Service of Summons, Complaint and Initiating Case Documents (RICH, RYAN) |
| Filing 26 NOTICE of Appearance by attorney SARAH MOTLEY STONE on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (STONE, SARAH) |
| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Video Status/Scheduling Conference regarding #13 Motion for Expedited Discovery and scheduling issues. Attorneys Ryan Phair, Jack Martin, Kevin Hahm, Ryan Rich and Carter Simpson participated on behalf of Food Lion, LLC. Attorneys James Lamberth and Jason Evans participated on behalf of Maryland and Virginia Milk Producers Cooperative Association, Inc. and Attorneys James Cooney, Sarah Stone and Todd Miller participated on behalf of Dairy Farmers of America, Inc. Court takes the matter under advisement and suggests that the parties discuss a proposed Protective Order. (Court Reporter Briana Bell.) (Sanders, Marlene) |
| Filing 25 RESPONSE in Opposition re #20 MOTION to Expedite Discovery and Mandatory Meet and Confer filed by FOOD LION, LLC filed by DAIRY FARMERS OF AMERICA, INC.. Replies due by 6/17/2020 (Attachments: #1 Exhibit A - Declaration of John Wilson)(COONEY, JAMES) |
| Filing 24 NOTICE of Appearance by attorney JAMES P. COONEY, III on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (COONEY, JAMES) |
| Filing 23 NOTICE of Appearance by attorney BRENT F. POWELL on behalf of Defendant DAIRY FARMERS OF AMERICA, INC. (POWELL, BRENT) |
| Filing 22 NOTICE of Appearance by attorney RYAN P. PHAIR on behalf of Plaintiff FOOD LION, LLC (PHAIR, RYAN) |
| Video Conference Hearing set for 6/4/2020 at 3:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Marsh, Keah) |
| Electronic Notice of Video Conference Hearing: Video Conference Hearing set for 6/4/20 at 3:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Sanders, Marlene) |
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The parties shall immediately meet and confer about the pending Motion to Expedite Discovery, #20 , and about whether any modifications to the briefing schedule for the pending Motion for Preliminary Injunction, #13 , will be requested. The matter is set for Video Court Hearing on Thursday, June 4, 2020 at 3:30 p.m. If in the meantime the parties resolve or are close to resolving the Motion to Expedite, they may communicate informally with the Courts case manager about postponing or cancelling the hearing. If the parties do not resolve the Motion to Expedite and defendant wants to file a brief in opposition, it shall be filed by 5:00 p.m. June 3, 2020. (Sanders, Marlene)
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| Set Hearings: Video Conference Hearing set for 6/4/2020 at 3:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 21 MEMORANDUM filed by Plaintiff FOOD LION, LLC re #20 MOTION to Expedite Discovery and Mandatory Meet and Confer filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 20 MOTION to Expedite Discovery and Mandatory Meet and Confer by FOOD LION, LLC. (Attachments: #1 Exhibit A Plaintiffs' First Set of Requests for Production)(RICH, RYAN) |
| Filing 19 NOTICE of Appearance by attorney JAMES A. LAMBERTH on behalf of Plaintiff MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (LAMBERTH, JAMES) |
| Filing 18 CERTIFICATE OF SERVICE by FOOD LION, LLC re #14 Declaration, #16 Declaration, #15 Declaration (RICH, RYAN) (Main Document 18 replaced on 5/26/2020) (Sheets, Jamie). |
| Filing 17 MEMORANDUM filed by Plaintiff FOOD LION, LLC re #13 MOTION for Preliminary Injunction filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 16 DECLARATION filed by Plaintiff FOOD LION, LLC re #13 MOTION for Preliminary Injunction of Mark Latva filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 15 DECLARATION filed by Plaintiff FOOD LION, LLC re #13 MOTION for Preliminary Injunction of Professor Mikhael Shor filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 14 DECLARATION filed by Plaintiff FOOD LION, LLC re #13 MOTION for Preliminary Injunction of Mike John filed by FOOD LION, LLC. (RICH, RYAN) |
| Filing 13 MOTION for Preliminary Injunction by FOOD LION, LLC. Response to Motion due by 6/12/2020 (RICH, RYAN) |
| Filing 12 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 11 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 10 Summons Issued as to DAIRY FARMERS OF AMERICA, INC. (Sheets, Jamie) |
| Filing 9 Corporate Disclosure Statement by MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (EVANS, JASON) |
| Filing 8 NOTICE of Appearance by attorney JASON D. EVANS on behalf of Plaintiff MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (EVANS, JASON) |
| Filing 7 NOTICE of Appearance by attorney CARTER C. SIMPSON on behalf of Plaintiff FOOD LION, LLC (SIMPSON, CARTER) |
| Filing 6 NOTICE of Appearance by attorney KEVIN HAHM on behalf of Plaintiff FOOD LION, LLC (HAHM, KEVIN) |
| Filing 5 NOTICE of Appearance by attorney JOHN S. MARTIN on behalf of Plaintiff FOOD LION, LLC (MARTIN, JOHN) |
| Filing 4 NOTICE of Appearance by attorney A. TODD BROWN on behalf of Plaintiff FOOD LION, LLC (BROWN, A.) |
| Filing 3 Corporate Disclosure Statement by FOOD LION, LLC identifying Corporate Parent DELHAIZE AMERICA, LLC, Corporate Parent AHOLD DELHAIZE USA, INC., Corporate Parent KONINKLIJKE AHOLD DELHAIZE N.V., Corporate Parent Delhaize US Holding, Inc., Corporate Parent Ahold Delhaize Investment Holding, Inc., Corporate Parent Ahold Delhaize America Holding, Inc. for FOOD LION, LLC.. (RICH, RYAN) |
| Filing 2 NOTICE of Appearance by attorney RYAN GEORGE RICH on behalf of Plaintiff FOOD LION, LLC (RICH, RYAN) |
| Filing 1 COMPLAINT against DAIRY FARMERS OF AMERICA, INC. (Filing fee $ 400 receipt number 0418-2808684), filed by FOOD LION, LLC., MARYLAND AND VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION, INC. (RICH, RYAN) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
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