Nolechek's Meats, Inc. v. Vilsack, Thomas et al
| Nolechek's Meats, Inc., We're the Wurst Incorporated and Golden City Meats, LLC |
| Thomas J. Vilsack, Food Safety and Inspection Service and U.S. Department Of Agriculture |
| 3:2021cv00762 |
| December 2, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 AMENDED COMPLAINT against Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack, filed by Nolechek's Meats, Inc., We're the Wurst Incorporated, Golden City Meats, LLC. (Attachments: #1 Exhibit FSIS Notice 34-21, #2 Exhibit 8/20/21 Addendum, #3 Exhibit Notice to Withhold Mark, #4 Exhibit Admin. Appeal Denial Letter, #5 Exhibit Nolechek Corrective Action, #6 Exhibit WtW Memorandum of Inspection, #7 Exhibit WtW Notice to Withhold Mark, #8 Exhibit GCM Notice to Withhold Mark) (Suhr, Daniel) |
Filing 14
** TEXT ONLY ORDER ** This is a challenge to a federal administrative rule. After plaintiff moved to "expedite" the production of the administrative record, the court asked the government to determine how long it would take to prepare the record. The government says that it "expects that the administrative record can be produced by March 4, 2021." Dkt. #13 . Presumably the government is referring to March 4, 2022. Despite an opportunity to do so, plaintiff hasn't objected to that date, so the court directs the government to product the administrative record by March 4, 2022. Signed by District Judge James D. Peterson on 1/10/2022. (voc)
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| Filing 13 Response re: 12 Order on Motion to Expedite, by Defendants Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack. (Attachments: #1 Exhibit 1 - Declaration of Kristin Chen) (Pezzi, Stephen) Modified on 1/5/2022: E-mail sent to counsel. (lak) Modified on 1/10/2022 (voc). |
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Filing 12
** TEXT ONLY ORDER ** Plaintiff moves to compel the government to prepare the administrative transcript within 40 days. Dkt. #5 . The government opposes the motion, and asks the court to defer setting a deadline until after the government files an answer to the complaint and the parties have an opportunity to "jointly propose a schedule." Dkt. #10 , at 1. The important question is how much time the government needs to prepare the record, but the government says that it doesn't have enough information at this point to make that determination. So plaintiff's motion is denied without prejudice. The government may have until January 5, 2022, to conduct a preliminary review to propose a date by which it can provide the record. Plaintiff may have until January 7 to file a response to the government's proposal. Signed by District Judge James D. Peterson on 12/22/2021. (voc)
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| Filing 11 Brief in Reply by Plaintiff Nolechek's Meats, Inc. in Support of #5 Motion to Expedite (Suhr, Daniel) |
| Filing 10 Brief in Opposition by Defendants Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack re: #5 Motion to Expedite filed by Nolechek's Meats, Inc. (Pezzi, Stephen) |
| Filing 9 Notice of Appearance filed by Stephen M. Pezzi for Defendants Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack. (Pezzi, Stephen) |
| Filing 8 Notice by Plaintiff Nolechek's Meats, Inc. re Set Motion and R&R Deadlines/Hearings, . (Suhr, Daniel) |
| Filing 7 Affidavit of Service by Plaintiff. Food Safety and Inspection Service served on 12/6/2021, answer due 2/4/2022; U.S. Department Of Agriculture served on 12/6/2021, answer due 2/4/2022; Thomas J. Vilsack served on 12/6/2021, answer due 2/4/2022. (Suhr, Daniel) |
| Set Briefing Deadlines re: #5 Motion to Expedite Production of the Administrative Record by Plaintiff Nolechek's Meats, Inc. Response due 12/16/2021. Brief in Reply due 12/20/2021. It is plaintiff's obligation to provide actual and immediate notice to the defendants of the filing of the motion and the briefing deadlines. (arw) |
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Filing 6
** TEXT ONLY ORDER ** Plaintiff is challenging the validity of FSIS Notice 34-21, which requires employees of certain food production facilities to wear masks under certain circumstances. Plaintiff moves the court to require defendants to produce the administrative record within 20 days. Dkt. #5 . But plaintiff acknowledges that it hasn't yet accomplished service of the complaint. Id. at 2. Once plaintiff files proof of service, the court will set briefing on plaintiff's motion. Signed by District Judge James D. Peterson on 12/6/2021. (voc)
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| Filing 5 Motion to Expedite production of the administrative record by Plaintiff Nolechek's Meats, Inc. Response due 12/10/2021. (Suhr, Daniel) |
| Filing 4 Summons Issued as to Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack. (Attachments: #1 Summons Food Safety and Inspection Service, #2 Summons U.S. Department Of Agriculture) (voc) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (voc) |
| Filing 3 Complaint filed by Nolechek's Meats, Inc. (Attachments: #1 Exhibit 1 - FSIS Notice 34-21, #2 Exhibit 2 - 8/20/21 Addendum, #3 Exhibit 3 - Notice to Withhold Mark, #4 Exhibit 4 - Admin. Appeal Denial Letter, #5 Exhibit 5 - Nolecheck Corrective Action) (Suhr, Daniel) Modified on 12/2/2021. (lak) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Nolechek's Meats, Inc.. (Suhr, Daniel) |
| Filing 1 COMPLAINT against Food Safety and Inspection Service, U.S. Department Of Agriculture, Thomas J. Vilsack. ( Filing fee $ 402 receipt number 0758-2973283.), filed by Nolechek's Meats, Inc. (Attachments: #1 Summons - FSIS, #2 Summons - USDA, #3 Summons - Vilsack, #4 JS-44 Civil Cover Sheet, #5 Disregard) (Suhr, Daniel) Modified on 12/2/2021: Exhibits to be refiled. Corrected county and cause of action. (lak) |
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