Gov.uscourts.mnd.174320.988.39

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School

Indiana Wesleyan University, Marion**We aren't endorsed by this school

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ACCT 590

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Law

Date

Dec 18, 2024

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA IN RE PORK ANTITRUST LITIGATION _______________________________________ SUBWAY PROTEIN LITIGATION CORP., AS LITIGATION TRUSTEE OF THE SUBWAY® PROTEIN LITIGATION TRUST, Plaintiff, v. AGRI STATS, INC., et al., Defendants. No. 0:21-md-02998-JRT-HB No. 0:21-cv-01605-JRT-HB ORDER ADOPTING STIPULATION CONCERNING WAIVER OF SERVICE Service (ECF No. 49) . The above-named Plaintiff filed a Complaint on June 24, 2021 in the matter of Subway Protein Litigation Corp. v. Agri Stats, Inc., et al., Case No. 0:21-cv-01605transferred to this District pursuant to 28 U.S.C. § 1407 for centralized pretrial proceedings on July 12, 2021. (MDL No. 2998, ECF No. 64 (J.P.M.L. July 12, 2021).) Defendants to file their scheduling and coordination proposals. (Case No. 0:21-md-02998, ECF No. 3.) On July 8, 2021, MDL DAPs and Defendants filed their coordination and scheduling proposals. (ECF Nos. 4-5.) The Court held a status conference on these proposals on July 14, 2021. On August 5, 2021, the Court ordered CASE 0:18-cv-01776-JRT-JFD Doc. 988-39 Filed 11/15/21 Page 1 of 3

2 the Direct Purchaser Plaintiffs from Case No. 0:18-cv-1776, MDL DAPs, and Defendants with Case No. 0:18-cv-1776. (ECF No. 23.) On August 19, 2021, the parties filed briefs regarding consolidation versus coordination. (ECF Nos. 31-37.) An order has not yet been issued on those proposals. Accordingly, in view of the above, the facts and agreements set forth in the Stipulation, and all of the files and proceedings herein, and good cause having been shown, IT IS HEREBY ORDERED THAT: 1.The Stipulation between Subway Protein Litigation Corp., as Litigation Trustee of the Subway® Protein Litigation Trust (Inc.; Clemens Food Group, LLC; The Clemens Family Corporation; Hormel Foods Corporation; Hormel Foods, LLC; JBS USA Food Company; Seaboard Foods LLC; Smithfield Foods, Inc.; Triumph Foods, LLC; Tyson Foods, Inc.; Tyson Prepared Foods, Inc.; and Tyson Fresh Meats, Inc. (collectively, October 7, 2021, is adopted. 2.This Order and the Stipulation relate only to the Complaint filed in Subway Protein Litigation Corp. v. Agri Stats, Inc., et al., Case No. 0:21-cv-01605, ECF No. 1. 3.Stipulating Defendants have waived service of the Complaint pursuant to Federal Rule of Civil Procedure 4(d), and the Stipulation shall be deemed proof of that waiver pursuant to Federal Rule of Civil Procedure 4(d)(4). CASE 0:18-cv-01776-JRT-JFD Doc. 988-39 Filed 11/15/21 Page 2 of 3

3 4.The must be filed no later than -described scheduling issues, unless otherwise ordered by the Court. 5.Nothing in the Stipulation or this Order shall be deemed to waive or preclude any defense Stipulating Defendants may have, including but not limited to defenses provided under Federal Rule of Civil Procedure 12, or to preclude Stipulating Defendants from filing one or more motions under Federal Rule of Civil Procedure 12(b). DATED: October 8, 2021 s/Hildy BowbeerHILDY BOWBEER United States Magistrate Judge CASE 0:18-cv-01776-JRT-JFD Doc. 988-39 Filed 11/15/21 Page 3 of 3