2012-05-25 Docket Report Western Sugar Cooperative v Archer Daniels-Midland

7/31/2019 2012-05-25 Docket Report Western Sugar Cooperative v Archer Daniels-Midland

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(MANx), DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division - Los Angeles)

CIVIL DOCKET FOR CASE #: 2:11-cv-03473-CBM-MAN

Western Sugar Cooperative et al v. Archer-Daniels-Midland

Company et al

Assigned to: Judge Consuelo B. Marshall

Referred to: Magistrate Judge Margaret A. Nagle

Cause: 28:1331 Fed. Question

Date Filed: 04/22/2011

Jury Demand: Both

Nature of Suit: 890 Other Statutory

Actions

Jurisdiction: Federal Question

Plaintiff

Western Sugar Cooperative

a Colorado cooperative

represented by Adam R Fox

Squire Sanders US LLP

555 South Flower Street 31st Floor

Los Angeles, CA 90071-2300

213-624-2500

Fax: 213 623 4581

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

David S Elkins


600 Hansen WayPalo Alto, CA 94304-1043

650-856-6500

Fax: 650-843-8777


LEAD ATTORNEY


James P Murphy


1200 19th Street NW Suite 300Washington, DC 20036

202-626-6793

Fax: 202-626-6780


PRO HAC VICE


John A Burlingame

ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?5196525922348

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1200 19th Street NW Suite 300

Washington, DC 20036

202-626-6871

Fax: 202-626-6780

Email:

[email protected]

PRO HAC VICEATTORNEY TO BE NOTICED

Stacie D Yee


555 South Flower Street 31st Floor


213-624-2500

Fax: 213-623-4581



W Mark Lanier

The Lanier Law Firm PC

6810 FM 1960 West

Houston, TX 77069

713-659-5200

Fax: 713-659-2204


PRO HAC VICE


Plaintiff

Michigan Sugar Company

a Michigan corporation


(See above for address)


David S Elkins



James P Murphy


PRO HAC VICE


John A Burlingame


PRO HAC VICE



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Stacie D Yee



W Mark Lanier



Plaintiff

C and H Sugar Company, Inc.

a Delaware corporation

represented by David S Elkins


LEAD ATTORNEY


Adam R Fox

(See above for address)ATTORNEY TO BE NOTICED

James P Murphy


PRO HAC VICE


John A Burlingame



Stacie D Yee



W Mark Lanier


PRO HAC VICE


Plaintiff

Imperial Sugar Corporation

a Texas corporation




David S Elkins




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Stacie D Yee



W Mark Lanier



Plaintiff

Minn-Dak Farmers Cooperative

a North Dakota Cooperative Association



LEAD ATTORNEY


David S Elkins

(See above for address)LEAD ATTORNEY


Stacie D Yee



W Mark Lanier



Plaintiff

The Amalgamated Sugar Company

LLC

a Delaware limited liability company



LEAD ATTORNEY


David S Elkins


LEAD ATTORNEY


Stacie D Yee



W Mark Lanier



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PRO HAC VICE


Plaintiff

The American Sugar Cane League of

the USA Inc

a Louisiana Non-Profit corporation



LEAD ATTORNEY


David S Elkins


LEAD ATTORNEY


Stacie D Yee



W Mark Lanier


PRO HAC VICE


Plaintiff

United States Sugar Corporation

a Florida corporation



LEAD ATTORNEY


David S Elkins


LEAD ATTORNEY


Stacie D Yee



W Mark Lanier


PRO HAC VICE


Plaintiff

American Sugar Refining Inc




LEAD ATTORNEY


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David S Elkins



James P Murphy

(See above for address)PRO HAC VICE


Stacie D Yee



W Mark Lanier



Plaintiff

The Sugar Association Inc




LEAD ATTORNEY


David S Elkins

(See above for address)LEAD ATTORNEY


Stacie D Yee



W Mark Lanier


PRO HAC VICE


V.

Defendant

Archer-Daniels-Midland Company


represented by Bryce A Cooper

Winston & Strawn LLP

35 West Wacker Drive Suite 4200


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Chicago, IL 60601

312-558-5600

Fax: 312-558-5700


PRO HAC VICE


Bryna J DahlinWinston & Strawn LLP


Chicago, IL 60601

312-558-5600

Fax: 312-558-5700


PRO HAC VICE


Cornelius M MurphyWinston & Strawn LLP


Chicago, IL 60601

312-558-5600

Fax: 312-558-5700


PRO HAC VICE


Dan K WebbWinston & Strawn LLP


Chicago, IL 60601

312-558-5600

Fax: 312-558-5700


PRO HAC VICE


Erin R Ranahan


333 South Grand Avenue 38th Floor

Los Angeles, CA 90071

213-615-1700

Fax: 213-615-1750



Gail Jeanne Standish


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Winston and Strawn

333 South Grand Avenue 38th Floor


213-615-1700

Fax: 213-615-1750



Stephen V D'Amore



Chicago, IL 60601

312-558-5600

Fax: 312-558-5700


PRO HAC VICE


Defendant

Cargill, Inc.




PRO HAC VICE


Bryna J Dahlin


PRO HAC VICE


Cornelius M Murphy


PRO HAC VICE


Dan K Webb


PRO HAC VICE


Erin R Ranahan







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Stephen V D'Amore


PRO HAC VICE


Defendant

Corn Products International, Inc.





Bryna J Dahlin


PRO HAC VICE


Cornelius M Murphy



Dan K Webb


PRO HAC VICE


Erin R Ranahan

(See above for address)ATTORNEY TO BE NOTICED




Stephen V D'Amore


PRO HAC VICE


Defendant

The Corn Refiners Association, Inc.




PRO HAC VICE


Bryna J Dahlin



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PRO HAC VICE


Cornelius M Murphy


PRO HAC VICE


Dan K Webb


PRO HAC VICE


Erin R Ranahan



Gail Jeanne Standish(See above for address)


Stephen V D'Amore


PRO HAC VICE


Defendant

Penford Products Co.a Delaware corporation

TERMINATED: 06/29/2011

represented by Bryce A Cooper(See above for address)

PRO HAC VICE


Bryna J Dahlin


PRO HAC VICE


Cornelius M Murphy


PRO HAC VICE


Dan K Webb


PRO HAC VICE



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Erin R Ranahan






Stephen V D'Amore


PRO HAC VICE


Defendant

Roquette America, Inc.




PRO HAC VICE


Bryna J Dahlin


PRO HAC VICE


Cornelius M Murphy


PRO HAC VICE


Dan K Webb


PRO HAC VICE


Erin R Ranahan






Stephen V D'Amore


PRO HAC VICE



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Defendant

Tate and Lyle Ingredients Americas, Inc.




PRO HAC VICE


Bryna J Dahlin


PRO HAC VICE


Cornelius M Murphy


PRO HAC VICE


Dan K Webb



Erin R Ranahan






Stephen V D'Amore


PRO HAC VICE


Date Filed # Docket Text

04/22/2011 1 COMPLAINT against Defendants Archer-Daniels-Midland Company, Cargill, Inc.,

Corn Products International, Inc., Penford Products Co., Roquette America, Inc.,

Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc. Case

assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery

referred to Magistrate Judge Margaret A. Nagle. (Filing fee $ 350 PAID.) Jury

Demanded., filed by Plaintiffs C and H Sugar Company, Inc., Michigan Sugar

Company, Western Sugar Cooperative.(et) (Additional attachment(s) added on

4/27/2011: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered:

04/25/2011)


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04/22/2011 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Archer-

Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Penford

Products Co., Roquette America, Inc., Tate and Lyle Ingredients Americas, Inc., The

Corn Refiners Association, Inc. (et) (Entered: 04/25/2011)

04/22/2011 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs C and H

Sugar Company, Inc., Michigan Sugar Company, Western Sugar Cooperative,

identifying Corporate Parent American Sugar Refining, Inc. for C and H Sugar

Company, Inc. (et) (mg). (Entered: 04/25/2011)

04/22/2011 3 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to James P

Murphy for Plaintiffs C and H Sugar Company, Inc., Michigan Sugar Company,

Western Sugar Cooperative. Your Pro Hac Vice application has not been received by

the court. Please return your completed Application of Non-Resident Attorney to

Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of

your application and the $275.00 fee and this notice immediately. Out-of-state

federal government attorneys who are not employed by the U.S. Department of

Justice are required to file a Pro Hac Vice application; no filing fee is required. (et)

(Entered: 04/25/2011)

04/22/2011 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to John A

Burlingame for Plaintiffs C and H Sugar Company, Inc., Michigan Sugar Company,

Western Sugar Cooperative. Your Pro Hac Vice application has not been received by

the court. Please return your completed Application of Non-Resident Attorney to

Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of

your application and the $275.00 fee and this notice immediately. Out-of-state

federal government attorneys who are not employed by the U.S. Department of

Justice are required to file a Pro Hac Vice application; no filing fee is required. (et)

(Entered: 04/25/2011)

04/28/2011 5 STANDING ORDER by Judge Consuelo B. Marshall. This action has been assigned

to the calendar of the Honorable Consuelo B. Marshall. Both the Court and the

attorneys bear responsibility for the progress of litigation in the Federal Courts. To

secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ.

P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil

Procedure and the Local Rules of the Central District of California and comply with

these rules. This Order controls the procedures used in this case. See Item 7,

regarding Motions: Motions shall be filed in accordance with Local Rules 6 and 7.

Local Rule 6-1 provides: "The notice of motion shall be filed with the Clerk not later

than twenty-eight (28) days before the date set for hearing, and shall be served oneach of the parties electronically or, if excepted from electronic filing, either by

deposit in the mail or by personal service." This Court typically hears motions on

Mondays, beginning at 10:00 a.m. The briefing schedule for the motion shall be

governed by Local Rules 6 and 7. (Refer attached Order for other requirements.)

(lom) (Entered: 04/28/2011)

05/04/2011 6 APPLICATION for attorney John A. Burlingame to Appear Pro Hac Vice (PHV

FEE NOT PAID.) filed by Plaintiffs C and H Sugar Company, Inc., Michigan Sugar

Company, Western Sugar Cooperative. (Attachments: # 1 Proposed Order)(Fox,


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Adam) (Entered: 05/04/2011)

05/04/2011 7 APPLICATION for attorney James P. Murphy to Appear Pro Hac Vice (PHV FEE

NOT PAID.) filed by Plaintiffs C and H Sugar Company, Inc., Michigan Sugar

Company, Western Sugar Cooperative. (Attachments: # 1 Proposed Order)(Fox,


05/13/2011 8 Joint STIPULATION for Extension of Time to File Answer to 07/01/2011 re

Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1filed by defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products

International, Inc., Penford Products Co., Roquette America, Inc., Tate and Lyle

Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1

Proposed Order)(Standish, Gail) (Entered: 05/13/2011)

05/13/2011 9 Certification andNotice of Interested Parties filed by Defendants All Defendants,

identifying Archer-Daniels-Midland Company, Cargill, Inc., Corn Products

International, Inc., The Corn Refiners Association, Inc., Penford Products Co.,

Roquette America, Inc. and Tate & Lyle Ingredients Americas, Inc.. (Standish, Gail)

(Entered: 05/13/2011)

05/20/2011 10 ORDER Granting Stipulation to Extend Time to Answer8 by Judge Consuelo B.

Marshall. IT IS HEREBY ORDERED THAT Defendants Archer-Daniels-Midland

Company, Cargill, Inc., Corn Products International, Inc., The Corn Refiners

Association, Inc., Penford Products Co., Roquette America, Inc., and Tate & Lyle

Ingredients Americas, Inc., shall have up to and including July 1, 2011 to respond to

Plaintiffs' Complaint. (lom) (Entered: 05/20/2011)

05/20/2011 13 ORDER by Judge Consuelo B. Marshall: granting 6 Application to Appear Pro Hac

Vice by Attorney John A. Burlingame on behalf of Plaintiff, designating Adam R.

Fox as local counsel. (lt) (Entered: 05/24/2011)

05/20/2011 14 ORDER by Judge Consuelo B. Marshall: granting 7 Application to Appear Pro Hac

Vice by Attorney James P. Murphy on behalf of Plaintiff, designating Adam R. Fox

as local counsel. (lt) (Entered: 05/24/2011)

05/23/2011 11 NOTICE of Manual Filing filed by Plaintiffs C and H Sugar Company, Inc.,

Michigan Sugar Company, Western Sugar Cooperative of FIRST AMENDED

COMPLAINT. (Fox, Adam) (Entered: 05/23/2011)

05/23/2011 12 NOTICE of Manual Filing filed by Plaintiffs C and H Sugar Company, Inc.,

Michigan Sugar Company, Western Sugar Cooperative of SUPP. CERTIFICATION

AND NOTICE OF INTERESTED PARTIES. (Fox, Adam) (Entered: 05/23/2011)

05/23/2011 15 FIRST AMENDED COMPLAINT 1 ; Jury Trial Demanded against Defendants

Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc.,

Penford Products Co., Roquette America, Inc., Tate and Lyle Ingredients Americas,

Inc., The Corn Refiners Association, Inc., The Sugar Association Inc filed by

Plaintiffs C and H Sugar Company, Inc., Western Sugar Cooperative, Michigan

Sugar Company, Imperial Sugar Corporation, Minn-Dak Farmers Cooperative, The

Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA

Inc, United States Sugar Corporation, American Sugar Refining Inc, The Sugar


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Association Inc. (lom) (lom). (Entered: 05/26/2011)

05/25/2011 16 CERTIFICATION and Notice of Interested Parties filed by Plaintiffs American

Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation,

Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated

Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar

Association Inc, United States Sugar Corporation, Western Sugar Cooperative. (lom)

(Entered: 05/26/2011)

06/05/2011 17 APPLICATION for attorney Dan K. Webb to Appear Pro Hac Vice (PHV FEE NOT

PAID.) filed by defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn

Products International, Inc., Penford Products Co., Roquette America, Inc., Tate and

Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments:

# 1 Certificate of Good Standing, # 2 Proposed Order)(Standish, Gail) (Entered:

06/05/2011)

06/05/2011 18 APPLICATION for attorney Stephen V. D'Amore to Appear Pro Hac Vice (PHV

FEE NOT PAID.) filed by defendants Archer-Daniels-Midland Company, Cargill,

Inc., Corn Products International, Inc., Penford Products Co., Roquette America,

Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc..

(Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Standish, Gail)

(Entered: 06/05/2011)

06/05/2011 19 APPLICATION for attorney Bryna J. Dahlin to Appear Pro Hac Vice (PHV FEE

NOT PAID.) filed by defendants Archer-Daniels-Midland Company, Cargill, Inc.,


Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc..


(Entered: 06/05/2011)

06/05/2011 20 APPLICATION for attorney Bryce A. Cooper to Appear Pro Hac Vice (PHV FEE

NOT PAID.) filed by defendants Archer-Daniels-Midland Company, Cargill, Inc.,




(Entered: 06/05/2011)

06/06/2011 21 APPLICATION for attorney Cornelius M. Murphy to Appear Pro Hac Vice (PHV

FEE NOT PAID.) filed by defendants Archer-Daniels-Midland Company, Cargill,

Inc., Corn Products International, Inc., Penford Products Co., Roquette America,

Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc..(Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Standish, Gail)

(Entered: 06/06/2011)

06/27/2011 22 Joint STIPULATION to Exceed Page Limitation as to Defendants' Motion to

Dismiss and Plaintiffs' Opposition to Same filed by defendants Archer-Daniels-

Midland Company, Cargill, Inc., Corn Products International, Inc., Penford Products

Co., Roquette America, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn

Refiners Association, Inc.. (Attachments: # 1 Proposed Order)(Ranahan, Erin)

(Entered: 06/27/2011)


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06/29/2011 23 NOTICE of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c)

filed by plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc.,

Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers

Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane

League of the USA Inc, The Sugar Association Inc, United States Sugar

Corporation, Western Sugar Cooperative. (Fox, Adam) (Entered: 06/29/2011)

07/01/2011 24 NOTICE OF MOTION AND MOTION to Dismiss CasePlaintiffs' First Amended

Complaintfiled by defendants Archer-Daniels-Midland Company, Cargill, Inc.,



Motion set for hearing on 9/12/2011 at 11:00 AM before Judge Consuelo B.

Marshall. (Attachments: # 1 Comparative Table A, # 2 Proposed Order)(Standish,

Gail) (Entered: 07/01/2011)

07/01/2011 25 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss CasePlaintiffs' First

Amended Complaint24 filed by defendants Archer-Daniels-Midland Company,

Cargill, Inc., Corn Products International, Inc., Penford Products Co., Roquette

America, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn RefinersAssociation, Inc.. (Attachments: # 1 Tab A, # 2 Tab B, # 3 Tab C, # 4 Tab D, # 5 Tab

E, # 6 Tab F, # 7 Tab G)(Standish, Gail) (Entered: 07/01/2011)

07/12/2011 27 ORDER by Judge Consuelo B. Marshall: granting 17 Application to Appear Pro

Hac Vice by Attorney Dan K. Webb on behalf of all Defendants, designating Gail J.

Standish as local counsel. (lt) (Entered: 07/14/2011)


Hac Vice by Attorney Stephen V. D'Amore on behalf of all Defendants, designating

Gail J. Standish as local counsel. (lt) (Entered: 07/14/2011)


Hac Vice by Attorney Bryna J. Dahlin on behalf of all Defendants, designating Gail

J. Standish as local counsel. (lt) (Entered: 07/15/2011)


Hac Vice by Attorney Bryce A. Cooper on behalf of all Defendants, designating



Hac Vice by Attorney Cornelius M. Murphy on behalf of all Defendants, designating


07/13/2011 26 ORDER Granting Stipulation to Exceed Page Limitation, 22 by Judge Consuelo B.

Marshall. IT IS HEREBY ORDERED THAT Defendants' consolidated

memorandum of points and authorities in support of their motion to dismiss the

claims in Plaintiffs' First Amended Complaint, and Plaintiffs' memorandum in

opposition to Defendants' motion, shall be no longer than thirty-five pages (35)

pages. (lom) (Entered: 07/13/2011)

07/22/2011 32 NOTICE OF MOTION AND MOTION to Strike Plaintiffs' State Law Claim in First

Amended Complaint Amended Complaint,, 15 filed by defendant The Corn


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Refiners Association, Inc.. Motion set for hearing on 9/12/2011 at 11:00 AM before

Judge Consuelo B. Marshall. (Attachments: # 1 Declaration of Audrae Erickson, # 2

Exhibit A to Declaration of Audrae Erickson, # 3 Declaration of John S. White,

Ph.D., # 4 Proposed Order)(Standish, Gail) (Entered: 07/22/2011)

08/18/2011 33 Joint STIPULATION to Exceed Page Limitation as to Consolidation and page

Limits of Plaintiffs' Oppositions to Defendants' Motion to Dismiss First Amended

Complaint and to Corn Refiners Association, Inc.'s Special Motion to Strike

Plaintiffs' State Law Claim in First Amended Complaint filed by Plaintiffs American



Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar

Association Inc, United States Sugar Corporation, Western Sugar Cooperative.

(Attachments: # 1 Proposed Order)(Fox, Adam) (Entered: 08/18/2011)

08/22/2011 34 OPPOSITION TO DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN

SUPPORT OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED

COMPLAINT ("FAC") in Opposition re: MOTION to Dismiss CasePlaintiffs' First

Amended Complaint24 filed by Plaintiffs American Sugar Refining Inc, C and HSugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company,

Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The

American Sugar Cane League of the USA Inc, The Sugar Association Inc, United

States Sugar Corporation, Western Sugar Cooperative. (Fox, Adam) (Entered:

08/22/2011)

08/22/2011 35 PLAINTIFFS' OBJECTIONS TO EVIDENCE SUBMITTED IN DEFENDANTS'

MOTION TO DISMISS AND CRA's SPECIAL MOTION TO STRIKE

PLAINTIFFS' STATE LAW CLAIM IN OPPOSITION re: MOTION to Strike

Plaintiffs' State Law Claim in First Amended Complaint Amended Complaint,, 15

MOTION to Strike Plaintiffs' State Law Claim in First Amended ComplaintAmended Complaint,, 15 32 , MOTION to Dismiss CasePlaintiffs' First

Amended Complaint24 filed by Plaintiffs American Sugar Refining Inc, C and H

Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company,



States Sugar Corporation, Western Sugar Cooperative. (Fox, Adam) (Entered:

08/22/2011)

08/22/2011 36 PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FAC

AND TO CORN REFINERS ASSOCIATION, INC.'S SPECIAL MOTION TOSTRIKE PLAINTIFFS' STATE LAW CLAIM IN FAC Opposition re: MOTION to

Strike Plaintiffs' State Law Claim in First Amended Complaint Amended

Complaint,, 15 MOTION to Strike Plaintiffs' State Law Claim in First Amended

Complaint Amended Complaint,, 15 32 , MOTION to Dismiss CasePlaintiffs'

First Amended Complaint24 filed by Plaintiffs The Amalgamated Sugar Company

LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc,

United States Sugar Corporation, Western Sugar Cooperative. (Attachments: # 1

Appendix of Non-Federal and Electronic Authorities Cited to in Plaintiffs'

Opposition to Defendants' Motion to Dismiss FAC and to Corn Refiners


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Association, Inc.'s Special Motion to Strike Plaintiffs' State Law Claim in FAC, # 2

Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8

Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13

Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18

Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20)(Fox, Adam) (Entered:

08/22/2011)

08/22/2011 37 DECLARATION of Adam R. Fox in support of Plaintiffs' Opposition MOTION to

Strike Plaintiffs' State Law Claim in First Amended Complaint Amended

Complaint,, 15 MOTION to Strike Plaintiffs' State Law Claim in First Amended

Complaint Amended Complaint,, 15 32 , MOTION to Dismiss CasePlaintiffs'

First Amended Complaint24 filed by Plaintiffs American Sugar Refining Inc, C and

H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company,



States Sugar Corporation, Western Sugar Cooperative. (Attachments: # 1 Exhibit A,

# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit

G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Proposed Order

Denying Defendants' Motion to Dismiss FAC and Corn Refiners Association, Inc.'s

Special Motion to Strike Plaintiffs' State Law Claim in FAC)(Fox, Adam) (Entered:

08/22/2011)

08/22/2011 38 REQUEST FOR JUDICIAL NOTICEIN SUPPORT OF OPPOSITION TO

DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT ("FAC")

AND TO CORN REFINERS ASSOCIATION, INC.'S SPECIAL MOTION TO

STRIKE PLAINTIFFS' STATE LAW CLAIM IN FACfiled by Plaintiffs American



Sugar Company LLC, The American Sugar Cane League of the USA Inc, The SugarAssociation Inc, United States Sugar Corporation, Western Sugar Cooperative. (Fox,


08/24/2011 39 ORDER by Judge Consuelo B. Marshall, re Stipulation to Exceed Page Limitation,

33 . Having considered the parties Stipulation Regarding Consolidation and Page

Limits of Plaintiffs Oppositions to Defendants Motion to Dismiss First Amended

Complaint and to Corn Refiners Association, Inc.'s Special Motion to Strike

Plaintiffs State Law Claim in First Amended Complaint, IT IS HEREBY

ORDERED THAT Plaintiffs may consolidate their memoranda of points and

authorities in opposition to the pending motion to dismiss and motion to strike in a

single brief that shall be no longer than forty (40) pages (vh) (Entered: 08/24/2011)

08/29/2011 40 REPLY in support of MOTION to Dismiss CasePlaintiffs' First Amended

Complaint24 filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc.,

Corn Products International, Inc., Roquette America, Inc., Tate and Lyle Ingredients

Americas, Inc., The Corn Refiners Association, Inc.. (Standish, Gail) (Entered:

08/29/2011)

08/29/2011 41 REPLY in support of MOTION to Strike Plaintiffs' State Law Claim in First

Amended Complaint Amended Complaint,, 15 MOTION to Strike Plaintiffs'


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State Law Claim in First Amended Complaint Amended Complaint,, 15 32 filed

by Defendant The Corn Refiners Association, Inc.. (Standish, Gail) (Entered:

08/29/2011)

08/29/2011 42 RESPONSE IN SUPPORT of MOTION to Strike Plaintiffs' State Law Claim in

First Amended Complaint Amended Complaint,, 15 MOTION to Strike


32 , MOTION to Dismiss CasePlaintiffs' First Amended Complaint24

RESPONSE TO PLAINTIFFS' OBJECTIONS TO EVIDENCEfiled by Defendants

Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc.,

Roquette America, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn

Refiners Association, Inc.. (Standish, Gail) (Entered: 08/29/2011)

08/29/2011 43 RESPONSE IN SUPPORT of MOTION to Strike Plaintiffs' State Law Claim in

First Amended Complaint Amended Complaint,, 15 MOTION to Strike


32 , MOTION to Dismiss CasePlaintiffs' First Amended Complaint24

RESPONSE TO PLAINTIFFS' OPPOSITION TO REQUEST FOR JUDICIAL

NOTICEfiled by Defendants Archer-Daniels-Midland Company, Cargill, Inc., CornProducts International, Inc., Roquette America, Inc., Tate and Lyle Ingredients

Americas, Inc., The Corn Refiners Association, Inc.. (Standish, Gail) (Entered:

08/29/2011)

08/31/2011 44 MINUTES IN CHAMBERS by Judge Consuelo B. Marshall. On the Court's own

motion, the following Motions are continued to Tuesday, September 13, 2011 at

9:00 A.M.: (1) Motion of Defendants Archer-Daniels-Midland Company, Cargill,

Inc. Corn Products International, Inc., Penford Products Co., Roquette America,

Inc., Tate and Lyle Ingredients Americas, Inc. and the Corn Refiners Association to

Dismiss First Amended Complaint 24 and (2) Motion of the Corn Refiners

Association, Inc. to Strike Plaintiffs' State Law Claims in the First AmendedComplaint 32 . (lom) (Entered: 09/01/2011)

09/13/2011 45 MINUTES OF Motion Hearing held before Judge Consuelo B. Marshall: RE:

MOTION to Strike Plaintiffs' State Law Claim in First Amended Complaint

Amended Complaint, 32 ,MOTION to Dismiss Plaintiffs' First Amended Complaint

24 taking Motions Under Submission. Court Reporter: Wil Wilcox. (jl) (Entered:

09/22/2011)

10/21/2011 46 (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall: granting in part and

denying in part 24 Motion to Dismiss Case. If an amended complaint is to be filed, it

must be filed no later than November 18, 2011. (jl) (Entered: 10/21/2011)

10/21/2011 47 (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall: granting 32 Motion to

Strike. Defendant CRA's Motion to Strike is GRANTED. Plaintiff's California

Unfair Business Competition claim is STRICKEN. (jl) (Entered: 10/21/2011)

10/21/2011 48 ORDER by Judge Consuelo B. Marshall on Plaintiff's Evidentiary Objections to

Defendants' evidence in Support of Motion to Strike. (jl) (Entered: 10/21/2011)


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11/01/2011 49 STIPULATION for Extension of Time to File (1) Defendants' Response to First

Amended Complaint and/or Second Amended Complaint; and (2) CRA's Motion for

Fees and Costs in Connection with Motion to Strike filed by Defendants Archer-

Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Roquette

America, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners

Association, Inc.. (Attachments: # 1 Proposed Order)(Ranahan, Erin) (Entered:

11/01/2011)

11/02/2011 50 ORDER Granting Stipulation for Extension of Time to File 49 by Judge Consuelo

B. Marshall: (1) It is hereby ordered that if Plaintiffs file a Second Amended

Complaint on or before November 18, 2011, all Defendants, including Corn

Refiners' Association ("CRA"), will respond to the Second Amended Complaint by

December 16, 2011. If Plaintiffs do not file a Second Amended Complaint, CRA

will respond to the First Amended Complaint by December 2, 2011; and (2) It is

hereby ordered that with respect to CRAs motion for attorneys' fees and costs

pursuant to Cal. Civ. Proc. 425.16(c), the parties will endeavor to resolve or

narrow the disputed issues. If the parties are unable to resolve entirely these issues

within the next two weeks, the parties will submit a further stipulation, no later than

November 14, 2011, with proposed deadline for CRA to file its motion for fees and

costs, and noting remaining issues to be determined by the Court, if any. These

efforts will waive neither CRA's right to seek fees and costs as the prevailing party

in connection with the Court granting CRA's motion to strike Plaintiffs' state law

claim, nor Plaintiffs' right to challenge or otherwise object to CRA's application.

(lom) (Entered: 11/03/2011)

11/14/2011 51 STIPULATION for Extension of Time to File Motion for Fees and Costs in

Connection with Motion to Strike filed by Defendants Archer-Daniels-Midland

Company, Cargill, Inc., Corn Products International, Inc., Roquette America, Inc.,

Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc..(Attachments: # 1 Proposed Order)(Ranahan, Erin) (Entered: 11/14/2011)

11/14/2011 52 ORDER by Judge Consuelo B. Marshall: that with respect to CRA's motion for

attorneys' fees and costs allowed under Cal. Civ. Proc. Section 425.16(c), if the

parties are unable to resolve entirely these issues this week, CRA will file its motion

for fees and costs no later than November 18,2011. (jl) (Entered: 11/14/2011)

11/18/2011 53 NOTICE of Manual Filing filed by Plaintiffs American Sugar Refining Inc, C and H

Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company,


American Sugar Cane League of the USA Inc, The Sugar Association Inc, UnitedStates Sugar Corporation, Western Sugar Cooperative of SECOND AMENDED

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR FALSE

ADVERTISING IN VIOLATION OF THE LANHAM ACT (15 U.S.C. Section

1125(a)) JURY TRIAL DEMANDED. (Fox, Adam) (Entered: 11/18/2011)

11/18/2011 54 AMENDED DOCUMENT filed by Plaintiffs The Amalgamated Sugar Company

LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc,

United States Sugar Corporation, Western Sugar Cooperative. SECOND AMENDED

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR FALSE


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ADVERTISING IN VIOLATION OF THE LANHAM ACT (15 U.S.C. Section

1125(a)) (Fox, Adam) (Entered: 11/18/2011)

11/21/2011 55 SECOND AMENDED COMPLAINT 15 ; JURY TRIAL DEMANDED against

Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products

International, Inc., Roquette America, Inc., Tate and Lyle Ingredients Americas,

Inc., The Corn Refiners Association, Inc. filed by Plaintiffs American Sugar

Refining Inc, The American Sugar Cane League of the USA Inc, C and H Sugar

Company, Inc., Western Sugar Cooperative, Imperial Sugar Corporation, Minn-Dak

Farmers Cooperative, The Sugar Association Inc, Michigan Sugar Company, United

States Sugar Corporation, The Amalgamated Sugar Company LLC. (lom) (lom).

(Entered: 11/23/2011)

12/16/2011 56 ANSWER to Amended Complaint,, 55 JURY DEMAND.ANSWER TO

PLAINTIFF'S SECOND AMENDED COMPLAINTfiled by Defendant The Corn

Refiners Association, Inc..(Ranahan, Erin) (Entered: 12/16/2011)

12/16/2011 57 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended

Complaint filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc.,



Motion set for hearing on 3/19/2012 at 11:00 AM before Judge Consuelo B.

Marshall. (Attachments: # 1 Proposed Order)(Ranahan, Erin) (Entered:

12/16/2011)

12/28/2011 58 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: setting

Scheduling Conference on 5/7/2012 at 10:00 AM before Judge Consuelo B.

Marshall[re: Answer to Complaint 56 (jl) (Entered: 12/28/2011)

12/28/2011 59 MINUTES IN CHAMBERS re Scheduling Conference by Judge Consuelo B.

Marshall.On the Court's own motion, this case is set for a Scheduling Conference on

May 7, 2012 at 10:00 A. M. pursuant to FRCP 16(b). Counsel are reminded of their

obligations to disclose information and confer on a discovery plan not later than 21

days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery

plan within 14 days after the conference of counsel. The Rule 26(f) discovery plan

shall contain the following information: 1. A brief description of the nature of the

case and type of action filed and the date filed in the District Court; 2. The number

of depositions to be taken by each side and the date the date the depositions are set;

3. The written discovery sought and date responses to interrogatories requests for

production and requests for admissions are due; 4. The number of experts expected

to be called by each side and the expert's area of expertise; 5. Proposed Pre TrialConference date; 6. Date Demand for Jury Trial was filed; 7. Prospects of

Settlement; 8. Positions of counsel re: consent to proceed before a Magistrate Judge;

9. A list of contemplated motions, including what type of motion, a tentative hearing

date, and whether discovery must be conducted prior to the filing of the motions.

(lom) (Entered: 12/28/2011)

01/03/2012 60 DEMAND for Jury Trial filed by Defendant The Corn Refiners Association, Inc...

(Ranahan, Erin) (Entered: 01/03/2012)


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01/10/2012 61 NOTICE filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company,

Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers



Corporation, Western Sugar Cooperative. of Counsel's Change in Firm Name and

Email Addresses (Yee, Stacie) (Entered: 01/10/2012)

01/11/2012 62 APPLICATION for attorney W Mark Lanier to Appear Pro Hac Vice filed by

Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial

Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The

Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA

Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar

Cooperative. (PHV FEE PAID 1/11/12) Lodged [Prop] Order. (lom) (Entered:

01/17/2012)

01/20/2012 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:

Notice (Other), 61 . The following error(s) was found: Incorrect event selected. The

correct event is: Change of Address. In response to this notice the court may order

(1) an amended or correct document to be filed (2) the document stricken or (3) takeother action as the court deems appropriate. You need not take any action in

response to this notice unless and until the court directs you to do so. (lom)

(Entered: 01/20/2012)


Hac Vice by Attorney W. Mark Lanier on behalf of Plaintiffs, designating Adam R.

Fox as local counsel. (lt) (Entered: 01/27/2012)

02/06/2012 65 Opposition to Certain Defendants' Motion to Dismiss Plaintiffs' Second Amended

Complaint re: MOTION to Dismiss Plaintiff's Second Amended Complaint 57

filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc.,Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers



Corporation, Western Sugar Cooperative. (Attachments: # 1 Appendix of

Electronic Authorities Cited to in Plaintiffs' Opposition to Certain Defendants'

Motion to Dismiss Plaintiffs' Second Amended Complaint, # 2 Proposed Order

Denying Certain Defendants' Motion to Dismiss Plaintiffs' Second Amended

Complaint)(Fox, Adam) (Entered: 02/06/2012)

02/27/2012 66 REPLY IN SUPPORT OF MOTION to Dismiss Plaintiff's Second Amended

Complaint 57 filed by Defendants Archer-Daniels-Midland Company, Cargill,Inc., Corn Products International, Inc., Roquette America, Inc., Tate and Lyle

Ingredients Americas, Inc.. (Ranahan, Erin) (Entered: 02/27/2012)

02/27/2012 Notice of Electronic Filing re Reply (Motion related), Reply (Motion related) 66

e-mailed to [email protected] bounced due to unknown address error.

Primary e-mail address corrected. Notice of Electronic Filing resent addressed to

[email protected]. Pursuant to the General Order and Local Rules it is

the attorneys obligation to maintain all personal contact information including

e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT


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ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered:

02/28/2012)

03/12/2012 67 STIPULATION to Continue Motion to Dismiss and Rule 16 Scheduling Conference

from 3/19/12 (Motion) and 5/7/12 (Rule 16 Conference) to 6/15/12 at 11:00 a.m.

(consolidated) Re: Minutes of In Chambers Order/Directive - no proceeding held,

Set/Reset Hearing 58 , MOTION to Dismiss Plaintiff's Second Amended Complaint

57 filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn

Products International, Inc., Roquette America, Inc., Tate and Lyle Ingredients

Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Proposed

Order)(Ranahan, Erin) (Entered: 03/12/2012)

03/13/2012 68 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall:Stipulation to

Continue Motion to Dismiss and Scheduling Conference is DENIED 67 . (jl)

(Entered: 03/13/2012)

03/14/2012 69 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: Motion of

Defendants Archer-Daniels-Midland Company, etc. 57 to Dismiss All Claims

With Prejudice is continued to March 21, 2012 at 9:30 a.m. (jl) (Entered:

03/14/2012)

03/20/2012 70 TRANSCRIPT for proceedings held on Tuesday, September 13, 2011; 9:00 A.M.

Court Reporter: Wil S. Wilcox, phone number 213-290-2849. 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 of Intent to Redact due within 7 days of this date. Redaction

Request due 4/10/2012. Redacted Transcript Deadline set for 4/20/2012. Release of

Transcript Restriction set for 6/18/2012. (Wilcox, Wil) (Entered: 03/20/2012)

03/20/2012 71 NOTICE OF FILING TRANSCRIPT filed for proceedings Tuesday, September 13,

2011; 9:00 A.M. (Wilcox, Wil) (Entered: 03/20/2012)

03/21/2012 72 MINUTES OF Judge Consuelo B. Marshal: Case called, arguments held. Motion to

Dismiss is submitted without further oral arguments. 57 Court Recorder:

Michelle Ortega. (jl) (Entered: 03/30/2012)

03/21/2012 73 MINUTES of Motion of Defendants Archer-Daniels-Midland Company, Cargill,

Inc., Corn Products International, Inc., Roquette America, Inc. and Tate and Lyle

Ingredients Americas, Inc. to Dismiss All Claims With Prejudice 57 Hearing held

before Judge Consuelo B. Marshall. Motion to Dismiss All Claims With Prejudice is

submitted without further oral arguments. Court Recorder: Michelle Ortega. (lom)

(Entered: 03/30/2012)

04/20/2012 74 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: Scheduling

Conference is continued to 6/18/2012 11:00 AM before Judge Consuelo B.

Marshall. 58 (jl) (Entered: 04/20/2012)

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