In re: Sanderson and Koch Broiler Chicken Grower Litigation
| Jonathan Walters, Nancy Butler, Myles B. Weaver, 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. |
| 6:2020cv00478 |
| December 21, 2020 |
| US District Court for the Eastern District of Oklahoma |
| Cecilia M Romero |
| Robert J Shelby |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
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Filing 97
ORDER by District Judge Robert J. Shelby setting MDL Administrative Deadlines (Associated Cases: 17-cv-33-RJS-CMR; 20-cv-478-RJS-CMR; 20-cv-479-RJS-CMR; 20-cv-480-RJS-CMR; 21-cv-33-RJS-CMR) (ndd, Deputy Clerk)
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Filing 96
ORDER by District Judge Robert J. Shelby denying without prejudice the following Motions to Dismiss: #21 in 20-cv-479-RJS-CMR; #68 in 20-cv-478-RJS-CMR and #14 , #24 and #45 in 20-cv-480-RJS-CMR. The parties shall submit a Joint Status Report no later than 5/7/2021 and the Court hereby sets a ZOOM Status Conference on 5/21/2021 at 11:00 a.m. Central Standard Time before District Judge Robert J. Shelby (Associated cases 17-cv-33-RJS-CMR; 20-cv-478-RJS-CMR; 20-cv-479-RJS-CMR; 20-cv-480-RJS-CMR and 21-cv-33-RJS-CMR) (ndd, Deputy Clerk) (ndd, Deputy Clerk)
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| Filing 95 MINUTES of Proceedings - Status Conference held on 2/12/2021 before District Judge Robert J. Shelby (Court Reporter: Ed Young) (Associated Cases: 17-cv-33-RJS-CMR; 20-cv-478-RJS-CMR; 20-479-RJS-CMR; 20-cv-480-RJS-CMR; 21-cv-33-RJS-CMR) (ndd, Deputy Clerk) |
| Filing 94 ATTORNEY APPEARANCE by Timothy C. Gaarder on behalf of Henry Randall Colvin Associated Cases: 6:20-md-02977-RJS-CMR et al. (Gaarder, Timothy) |
| Filing 93 ATTORNEY APPEARANCE by Thomas E. Ruzicka, Jr on behalf of Henry Randall Colvin Associated Cases: 6:20-md-02977-RJS-CMR et al. (Ruzicka, Thomas) |
| Filing 92 ATTORNEY APPEARANCE by Thomas C. Jones on behalf of Henry Randall Colvin Associated Cases: 6:20-md-02977-RJS-CMR et al. (Jones, Thomas) |
| Filing 91 ATTORNEY APPEARANCE by Grant L. Davis on behalf of Henry Randall Colvin Associated Cases: 6:20-md-02977-RJS-CMR et al. (Davis, Grant) |
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Filing 90
MINUTE ORDER by District Judge Robert J. Shelby granting (356) Motion to Withdraw Attorney Cable M. Frost as counsel for defendants Koch Foods, Inc. and Koch Meat Co., Inc. in case 6:17-cv-00033-RJS-CMR; granting (39) Motion to Withdraw Attorney Cable M. Frost as counsel for Koch Foods, Inc. and Koch Meat Co., Inc. in case 6:20-md-02977-RJS-CMR; and granting (89) Motion to Withdraw Attorney Cable M. Frost as counsel for defendants Koch Foods, Inc. and Koch Meat Co., Inc. in case 6:20-cv-00478-RJS-CMR (dma, Deputy Clerk)
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| Filing 89 MOTION to Withdraw Attorney Cable Frost by Koch Foods, Inc., Koch Meat Co., Inc. Responses due by 2/23/2021(Pedigo, Scott) |
| Filing 88 JOINT STATUS REPORT by Henry Randall Colvin, Nancy Butler, Henry Randall Colvin, Haff Poultry, Inc., Anna Mason, Barry Mason, Mitchell Mason, Karen McEntire, Marc McEntire, Jonathan Tipton, Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles B. Weaver, Anna Mason, Barry Mason, Mitchell Mason, Jonathan Tipton, Karen McEntire, Marc McEntire, Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles B. Weaver, Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters (With attachments) Associated Cases: 6:20-md-02977-RJS-CMR et al. (Coolidge, Melinda) |
| Filing 87 ATTORNEY APPEARANCE by Scott W. Pedigo on behalf of Koch Foods, Inc., Koch Meat Co., Inc. Associated Cases: 6:20-md-02977-RJS-CMR et al. (Pedigo, Scott) |
| Filing 86 ATTORNEY APPEARANCE by Clinton P. Sanko on behalf of Koch Foods, Inc., Koch Meat Co., Inc. Associated Cases: 6:20-md-02977-RJS-CMR et al. (Sanko, Clinton) |
| Filing 85 ATTORNEY APPEARANCE by Russell W. Gray on behalf of Koch Foods, Inc., Koch Meat Co., Inc. Associated Cases: 6:20-md-02977-RJS-CMR et al. (Gray, Russell) |
| Filing 84 ATTORNEY APPEARANCE by Samuel D. Gregory on behalf of Koch Foods, Inc., Koch Meat Co., Inc. Associated Cases: 6:20-md-02977-RJS-CMR et al. (Gregory, Samuel) |
| Filing 83 ATTORNEY APPEARANCE by Amy L. Champagne on behalf of Koch Foods, Inc., Koch Meat Co., Inc. Associated Cases: 6:20-md-02977-RJS-CMR et al. (Champagne, Amy) |
| Filing 82 Joint STIPULATION Staying Certain Case Deadlines by Henry Randall Colvin, Nancy Butler, Henry Randall Colvin, Haff Poultry, Inc., Karen McEntire, Marc McEntire, Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles B. Weaver, Karen McEntire, Marc McEntire, William Beatty, Paul Brown, Nancy Butler, Jonathan Buttram, Brad Carr, Vince Edwards, Haff Poultry, Inc., Matt Purlee, Jeremy Souder, Triple R Ranch, LLC, Johnny Upchurch, Jonathan Walters, Craig Watts, Melissa Weaver, Myles B. Weaver, Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters [NOTE: Attorney Gary I. Smith, Jr added to party Henry Randall Colvin(pty:pla), Attorney Gary I. Smith, Jr added to party Henry Randall Colvin(pty:pla), Attorney Gary I. Smith, Jr added to party Karen McEntire(pty:pla), Attorney Gary I. Smith, Jr added to party Marc McEntire(pty:pla), Attorney Gary I. Smith, Jr added to party Karen McEntire(pty:pla), Attorney Gary I. Smith, Jr added to party Marc McEntire(pty:pla), Attorney Gary I. Smith, Jr added to party William Beatty(pty:conpla), Attorney Gary I. Smith, Jr added to party Paul Brown(pty:conpla), Attorney Gary I. Smith, Jr added to party Jonathan Buttram(pty:conpla), Attorney Gary I. Smith, Jr added to party Vince Edwards(pty:conpla), Attorney Gary I. Smith, Jr added to party Matt Purlee(pty:conpla), Attorney Gary I. Smith, Jr added to party Jeremy Souder(pty:conpla), Attorney Gary I. Smith, Jr added to party Triple R Ranch, LLC(pty:conpla)]. Associated Cases: 6:20-md-02977-RJS-CMR, 6:17-cv-00033-RJS-CMR, 6:20-cv-00478-RJS-CMR, 6:20-cv-00479-RJS-CMR, 6:20-cv-00480-RJS-CMR (Smith, Gary) |
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Filing 81
MINUTE ORDER by District Judge Robert J. Shelby granting (343) Motion to Withdraw Attorney David L. Bryant for defendants Sanderson Farms in case 6:17-cv-00033-RJS-CMR; granting motion (13) in case 6:20-md-02977-RJS-CMR; granting motion (80) in case 6:20-cv-00478-RJS-CMR; granting motion (56) in case 6:20-cv-00480-RJS-CMR and granting motion (55) in case 6:20-cv-00479-RJS-CMR (Associated Cases: 6:20-md-02977-RJS-CMR, 6:17-cv-00033-RJS-CMR, 6:20-cv-00478-RJS-CMR, 6:20-cv-00479-RJS-CMR, 6:20-cv-00480-RJS-CMR) (dma, Deputy Clerk)
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| Filing 80 MOTION to Withdraw Attorney David L. Bryant by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division); Responses due by 2/2/2021(Bryant, David) Modified on 1/20/2021 to edit text (dma, Deputy Clerk). |
| Filing 79 MOTION for Attorney Kate Guilfoyle to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number OKEDC-1447577) by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division) (With attachments) [NOTE: Attorney J. Wesley Pebsworth added to parties Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division) and Sanderson Farms, Inc. (Production Division)]. Responses due by 1/28/2021(Pebsworth, J.) |
| Filing 77 MINUTE ORDER by United States District Judge Robert J. Shelby referring case under 28 U.S.C. 636(b)(1)(A) to Magistrate Judge Cecilia M. Romero, sitting by designation per order dated 1/4/21, for hearing and determination of all nondispositive pretrial matters. All future filings shall bear the case number 20-md-2977-RJS-CMR. Associated Cases: 6:20-md-02977-RJS, 6:17-cv-00033-RJS, 6:20-cv-00478-RJS, 6:20-cv-00479-RJS, 6:20-cv-00480-RJS (dma, Deputy Clerk) |
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Filing 78
ORDER and Notice of Case Management Hearing by District Judge Robert J. Shelby: Zoom Video case management conference is scheduled for 2/12/2021 at 11:00 a.m. (Central Time) before District Judge Robert J. Shelby. Associated Cases: 6:20-md-02977-RJS-CMR, 6:17-cv-00033-RJS-CMR, 6:20-cv-00478-RJS-CMR, 6:20-cv-00479-RJS-CMR, 6:20-cv-00480-RJS-CMR (dma, Deputy Clerk)
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Filing 76
ORDER by District Judge Ronald A. White and District Judge Robert J. Shelby, re: designation of U.S. Magistrate Judge Cecilia Romero of the District Court of Utah to serve in the Eastern District of Oklahoma in the referenced cases. Associated Cases: 6:20-md-02977-RJS, 6:17-cv-00033-RJS-SPS, 6:20-cv-00478-RJS, 6:20-cv-00479-RJS, 6:20-cv-00480-RJS (dma, Deputy Clerk)
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| Filing 75 NOTICE FROM THE COURT: This case was filed in the Eastern District of North Carolina prior to the creation of the Broiler Chicken Grower Antitrust Litigation (No. II), Case Number 6:20-md-02977-RJS. This case shall be included as part of the MDL case without further notice or order from the JPML (sms, Deputy Clerk) |
| Filing 74 CASE TRANSFERRED IN from the North Carolina Eastern |
| Filing 73 TRANSFER ORDER - This case is transferred under 28 U.S.C. 1407 to the Eastern District of Oklahoma for the reasons stated in the order of December 15, 2020, and, with the consent of that court, assigned to the Honorable Robert J. SHelby. Signed by Karen K. Caldwell, Chair of the United States Judicial Panel on Multidistrict Litigation. (Sellers, N.) [Transferred from nced on 12/21/2020.] |
| Filing 72 Notice filed by Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver of Plaintiffs' Motion for Consolidation and Transfer Pursuant to 28 U.S.C. sec. 1407. (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit Schedule of Actions, #3 Exhibit Proof of Service, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6) (Madden, Patrick) [Transferred from nced on 12/21/2020.] |
| Motion Submitted to District Judge James C. Dever III regarding #68 MOTION to Dismiss Pursuant to the First-to-File Rule. (Sellers, N.) [Transferred from nced on 12/21/2020.] |
| Filing 71 REPLY to Response to Motion regarding #68 MOTION to Dismiss Pursuant to the First-to-File Rule filed by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| Filing 70 RESPONSE in Opposition regarding #68 MOTION to Dismiss Pursuant to the First-to-File Rule filed by Nancy Butler, Haff Poultry, Inc., Johnny Upchurch, Jonathan Walters, Melissa Weaver, Myles Weaver. (Attachments: #1 Exhibit 1, Transcript of Motion Hearing, #2 Exhibit 2, Transcript of Oral Argument) (Wilkerson, David) [Transferred from nced on 12/21/2020.] |
| Filing 69 Memorandum in Support regarding #68 MOTION to Dismiss Pursuant to the First-to-File Rule filed by Sanderson Farms, Inc., Sanderson Farms, Inc. (Food Division), Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc. (Production Division). (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| Filing 68 MOTION to Dismiss Pursuant to the First-to-File Rule 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 1 - Second Consolidated Class Action Complaint (related Oklahoma litigation), #3 Exhibit 2 - Hearing Transcript (related Oklahoma litigation), #4 Exhibit 3 - Plaintiff's Subpoena to Sanderson Farms (related Oklahoma litigation), #5 Exhibit 4 - Case Management Order No. 1 (related Oklahoma litigation)) (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
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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.) [Transferred from nced on 12/21/2020.]
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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) [Transferred from nced on 12/21/2020.] |
| Motion Submitted to District Judge James C. Dever III regarding #66 MOTION to Withdraw as Attorney. (Sellers, N.) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
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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.) [Transferred from nced on 12/21/2020.]
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| Filing 63 Notice of Special Appearance for non-district by Charles D. Gabriel on behalf of All Plaintiffs. (Gabriel, Charles) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| Filing 59 Notice of Appearance filed by John C. Whitfield on behalf of All Plaintiffs. (Whitfield, John) [Transferred from nced on 12/21/2020.] |
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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.) [Transferred from nced on 12/21/2020.]
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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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| Filing 54 Notice of Special Appearance for non-district by Gary E. Mason on behalf of All Plaintiffs. (Mason, Gary) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| Filing 51 Notice of Special Appearance for non-district by Jennifer S. Goldstein on behalf of All Plaintiffs. (Goldstein, Jennifer) [Transferred from nced on 12/21/2020.] |
| Filing 50 Notice of Special Appearance for non-district by Daniel Cohen on behalf of All Plaintiffs. (Cohen, Daniel) [Transferred from nced on 12/21/2020.] |
| Filing 49 Notice of Special Appearance for non-district by J. Dudley Butler on behalf of All Plaintiffs. (Butler, J.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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)[Transferred from nced on 12/21/2020.] |
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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.) [Transferred from nced on 12/21/2020.]
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| Filing 43 Notice of Special Appearance for non-district by Vincent J. Esades on behalf of All Plaintiffs. (Esades, Vincent) [Transferred from nced on 12/21/2020.] |
| Filing 42 Notice of Special Appearance for non-district by Eric L. Cramer on behalf of All Plaintiffs. (Cramer, Eric) [Transferred from nced on 12/21/2020.] |
| Motion Submitted to Chief Judge James C. Dever III regarding #41 Joint MOTION to Lift Stay and Establish First Case Management Order. (Jenkins, C.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| Filing 39 Notice of Appearance filed by Samuel D. Gregory on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Gregory, Samuel) [Transferred from nced on 12/21/2020.] |
| Filing 38 Notice of Appearance filed by Cable M. Frost on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Frost, Cable) [Transferred from nced on 12/21/2020.] |
| Filing 37 Notice of Appearance filed by Scott W. Pedigo on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Pedigo, Scott) [Transferred from nced on 12/21/2020.] |
| Filing 36 Financial Disclosure Statement by Koch Meat Co., Inc. identifying Corporate Parent Koch Foods, Inc. for Koch Meat Co., Inc.. (Leerberg, Matthew) [Transferred from nced on 12/21/2020.] |
| Filing 35 Financial Disclosure Statement by Koch Foods, Inc. (Leerberg, Matthew) [Transferred from nced on 12/21/2020.] |
| Filing 34 Notice of Special Appearance for non-district by Samantha S. Derksen on behalf of All Plaintiffs. (Derksen, Samantha) [Transferred from nced on 12/21/2020.] |
| Filing 33 Notice of Appearance filed by Jessica L Willson on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Willson, Jessica) [Transferred from nced on 12/21/2020.] |
| Filing 32 Notice of Appearance filed by Matthew Nis Leerberg on behalf of Koch Foods, Inc., Koch Meat Co., Inc.. (Leerberg, Matthew) [Transferred from nced on 12/21/2020.] |
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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.) [Transferred from nced on 12/21/2020.]
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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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| Filing 28 Financial Disclosure Statement by Sanderson Farms, Inc. (Production Division) (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| Filing 27 Financial Disclosure Statement by Sanderson Farms, Inc. (Processing Division) (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| Filing 26 Financial Disclosure Statement by Sanderson Farms, Inc. (Food Division) (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| Filing 25 Financial Disclosure Statement by Sanderson Farms, Inc. (Zimmerman, Erik) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| Filing 23 Notice of Special Appearance for non-district by Patrick F. Madden on behalf of All Plaintiffs. (Madden, Patrick) [Transferred from nced on 12/21/2020.] |
| Filing 22 Notice of Special Appearance for non-district by Gary I. Smith on behalf of All Plaintiffs. (Smith, Gary) [Transferred from nced on 12/21/2020.] |
| Filing 21 Notice of Special Appearance for non-district by Daniel J. Walker on behalf of All Plaintiffs. (Walker, Daniel) [Transferred from nced on 12/21/2020.] |
| Filing 20 Notice of Special Appearance for non-district by Christina M. Black on behalf of All Plaintiffs. (Black, Christina) [Transferred from nced on 12/21/2020.] |
| Filing 19 Notice of Appearance filed by Larry D. Lahman on behalf of All Plaintiffs. (Lahman, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 18 Notice of Special Appearance for non-district by Melinda R. Coolidge on behalf of All Plaintiffs. (Coolidge, Melinda) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
| Filing 11 Financial Disclosure Statement by Nancy Butler (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 10 Financial Disclosure Statement by Myles Weaver (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 9 Financial Disclosure Statement by Melissa Weaver (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 8 Financial Disclosure Statement by Jonathan Walters (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 7 Financial Disclosure Statement by Johnny Upchurch (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 6 Financial Disclosure Statement by Haff Poultry, Inc. (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 5 Notice of Appearance filed by Larry McDevitt on behalf of All Plaintiffs. (McDevitt, Larry) [Transferred from nced on 12/21/2020.] |
| Filing 4 Notice of Appearance filed by David Matthew Wilkerson on behalf of All Plaintiffs. (Wilkerson, David) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
|
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.) [Transferred from nced on 12/21/2020.]
|
| Case transferred in from Eastern Division on 02/26/2018. Old Case Number 4:18-cv-30. (Briggeman, N.) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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.) [Transferred from nced on 12/21/2020.] |
| 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) [Transferred from nced on 12/21/2020.] |
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