PETA v. NC Farm Bureau

20-1776 | U.S. Court of Appeals, Fourth Circuit

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Filed July 15, 2020
Judges DIAZ, RUSHING, and FLOYD
Nature of Suit 3950 Constitutionality of State Statute
Original Case 1:16-cv-00025
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Filing Date # Docket Text
3/14/2023Court order filed
2/23/2023Precedential Opinion
2/23/2023Judgment order filed
2/23/2023Published authored opinion filed
9/16/2021Case calendared for oral argument
8/23/2021SUPPLEMENTAL AUTHORITIES by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807. [1001008666] . [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 08/23/2021 01:22 PM]
8/23/2021CASE TENTATIVELY CALENDARED for oral argument during the 10/26/21 - 10/29/21 argument session. Counsel shall file 4 paper copies of their briefs and appendices within 7 days. Notify Clerk's Office of any scheduling conflict by: 09/02/2021. [20-1776, 20-1777, 20-1807] JLC [Entered: 08/23/2021 01:12 PM]
8/23/2021SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. [1001008584] . [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 08/23/2021 12:46 PM]
8/11/2021SUPPLEMENTAL AUTHORITIES by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807. [1001002256] . [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 08/11/2021 05:18 PM]
7/13/2021SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. [1000984743] . [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 07/13/2021 11:08 AM]
7/9/2021ORDER filed granting Motion to withdraw as counsel [54]. Copies to all parties. [1000983225] [20-1776, 20-1777, 20-1807] CB [Entered: 07/09/2021 02:36 PM]
7/9/2021MOTION by PETA in 20-1776, 20-1777, 20-1807 to withdraw Appearance of Gabriel Walters as Counsel to PETA... Date and method of service: 07/09/2021 ecf. [1000983130] [20-1776, 20-1777, 20-1807] Gabriel Walters [Entered: 07/09/2021 12:59 PM]
7/7/2021SUPPLEMENTAL AUTHORITIES by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807. [1000981530] . [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 07/07/2021 11:01 AM]
6/11/2021NOTICE re: Notice of Firm Name Change and Email Address Change by Animal Legal Defense Fund, PETA, Food & Water Watch, Farm Sanctuary, Farm Forward, American Society for the Prevention of Cruelty to Animals, Center for Food Safety and Government Accountability Project in 20-1776, PETA, Food & Water Watch, Farm Sanctuary, Farm Forward, American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety and Government Accountability Project in 20-1777, 20-1807. [20-1776, 20-1777, 20-1807] Daniel Bryson [Entered: 06/11/2021 01:27 PM]
4/30/202162Receipt of paper copy of REPLY BRIEF filed at [50] by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776. Number of pages: [37]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 08/27/2021. [1001014411] [20-1776, 20-1777, 20-1807] DL [Entered: 08/31/2021 01:33 PM]
4/30/2021BRIEF by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807 in electronic and paper format. Type of Brief: REPLY. [1000943652] [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 04/30/2021 11:30 AM]
4/9/202165Receipt of paper copy of RESPONSE/REPLY BRIEF filed at [49] by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. Number of pages: [74]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 08/30/2021. [1001014559] [20-1776, 20-1777, 20-1807]--[Edited 08/31/2021 by CB to correct parties.] JSN [Entered: 08/31/2021 03:07 PM]
4/9/2021BRIEF by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807 in electronic and paper format. Type of Brief: RESPONSE/REPLY. [1000931751] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 04/09/2021 06:43 PM]
3/19/2021ORDER filed granting motion to extend filing time [47]. Number of days granted: 14. Response/Reply Brief Due 04/09/2021. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Copies to all parties. [1000919754] [20-1776, 20-1777, 20-1807] TW [Entered: 03/19/2021 03:39 PM]
3/19/2021Joint MOTION by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807 to extend filing time for response/reply brief until 04/09/2021.. Date and method of service: 03/19/2021 ecf. [1000919612] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 03/19/2021 01:51 PM]
3/5/2021APPEARANCE OF COUNSEL by Mario Martinez for United Farm Workers of America. [1000911347] [20-1776] Mario Martinez [Entered: 03/05/2021 07:38 PM]
3/3/2021ORDER filed granting filing of amicus curiae brief(s) by Law Professors, United Farm Workers of America and Reporters Committee for Freedom of the Press and 17 Media Organizations. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1000909177] [20-1776, 20-1777, 20-1807] CB [Entered: 03/03/2021 10:53 AM]
3/1/2021DISCLOSURE STATEMENT by Reporters Committee for Freedom of the Press and 17 Media Organizations. Was any question on Disclosure Form answered yes? Yes [1000908999] [20-1776, 20-1777, 20-1807] CB [Entered: 03/03/2021 08:38 AM]
3/1/2021APPEARANCE OF COUNSEL by Bruce D. Brown for Reporters Committee for Freedom of the Press and 17 Media Organizations. [1000908983] [20-1776, 20-1777, 20-1807] CB [Entered: 03/03/2021 08:24 AM]
3/1/2021APPEARANCE OF COUNSEL by R. Chris Lim for United Farm Workers of America. [1000908978] [20-1776, 20-1777, 20-1807] CB [Entered: 03/03/2021 08:20 AM]
3/1/2021APPEARANCE OF COUNSEL by Clare Norins for Law Professors. [1000908974] [20-1776, 20-1777, 20-1807] CB [Entered: 03/03/2021 08:17 AM]
3/1/2021AMICUS CURIAE BRIEF by Amici Curiae Reporters Committee for Freedom of the Press and 17 Media Organizations in electronic and paper format. [1000907907] [20-1776, 20-1777, 20-1807] Bruce Brown [Entered: 03/01/2021 05:08 PM]
3/1/2021AMICUS CURIAE BRIEF by United Farm Workers of America in electronic and paper format. [1000907754] [20-1776, 20-1777, 20-1807] Roger Lim [Entered: 03/01/2021 03:02 PM]
3/1/2021AMICUS CURIAE BRIEF by Amicus Curiae Law Professors in Support of Plaintiffs-Appellees and in Support of Affirmation in Part and Reversal in Part in electronic and paper format. [1000907650] [20-1776, 20-1777, 20-1807] Clare Norins [Entered: 03/01/2021 01:17 PM]
2/22/202161Receipt of paper copy of OPENING/RESPONSE BRIEF filed at [37] by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776. Number of pages: [81]. Number of copies: [4]. Received by clerk date: 08/27/2021. [1001014398] [20-1776, 20-1777, 20-1807] DL [Entered: 08/31/2021 01:24 PM]
2/22/2021BRIEF by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807 in electronic and paper format. Type of Brief: OPENING/RESPONSE. [1000902923] [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 02/22/2021 12:53 PM]
12/28/2020ORDER filed granting motion to extend filing time [35]. Number of days granted: 32. Opening/Response Brief Due: 02/22/2021. Response/Reply Brief Due 03/26/2021. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Copies to all parties. [1000871322] [20-1776, 20-1777, 20-1807] TW [Entered: 12/28/2020 09:04 AM]
12/23/202064Receipt of paper copy of APPENDIX filed at [33] by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. Total number of volumes (including any sealed): [1]. Total number of pages in all volumes: [500]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 08/30/2021. [1001014553] [20-1776, 20-1777, 20-1807] JSN [Entered: 08/31/2021 03:05 PM]
12/23/202063Receipt of paper copy of OPENING BRIEF filed at [34] by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. Number of pages: [85]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 08/30/2021. [1001014550] [20-1776, 20-1777, 20-1807] JSN [Entered: 08/31/2021 03:03 PM]
12/23/2020MOTION by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807 to extend filing time for opening/response brief until Monday, February 22, 2021.. Date and method of service: 12/23/2020 ecf. [1000871054] [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 12/23/2020 05:54 PM]
12/23/2020BRIEF by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807 in electronic and paper format. Type of Brief: OPENING. [1000871047] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 12/23/2020 05:18 PM]
12/23/2020JOINT APPENDIX (electronic and paper form) by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807. Digital media exhibit volume? No. [1000871044] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 12/23/2020 05:09 PM]
12/23/2020APPEARANCE OF COUNSEL by Ryan Park for Carol L. Folt in 20-1776, Kevin Guskiewicz and Josh Stein in 20-1777, 20-1807. [1000870849] [20-1776, 20-1777, 20-1807] Ryan Park [Entered: 12/23/2020 01:48 PM]
10/21/2020ORDER filed granting motion to extend filing time [30]. Number of days granted: 30. Opening brief and appendix due 12/23/2020. Opening/Response Brief Due: 01/21/2021. Response/Reply Brief Due 02/22/2021. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Copies to all parties. [1000833857] [20-1776, 20-1777, 20-1807] TW [Entered: 10/21/2020 02:29 PM]
10/21/2020Joint MOTION by North Carolina Farm Bureau Federation, Inc. in 20-1776, Josh Stein and Kevin Guskiewicz in 20-1777, Josh Stein, Kevin Guskiewicz and North Carolina Farm Bureau Federation, Inc. in 20-1807 to extend filing time for opening brief and appendix until 12/23/2020.. Date and method of service: 10/21/2020 ecf. [1000833580] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 10/21/2020 10:34 AM]
10/13/2020BRIEFING ORDER filed. Name of Cross-Appeal Appellant for briefing purposes: North Carolina Farm Bureau Federation, Inc., Josh Stein and Kevin Guskiewicz. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Opening Brief and Appendix due 11/23/2020. Opening/Response Brief Due: 12/22/2020. Response/Reply Brief Due 01/21/2021. [20-1776, 20-1777, 20-1807] CB [Entered: 10/13/2020 12:10 PM]
10/9/2020COURT ORDER filed deferring action on Motion to dismiss appeal filed by Appellees PETA, Animal Legal Defense Fund, Center for Food Safety, Food & Water Watch, Farm Sanctuary, Government Accountability Project, American Society for the Prevention of Cruelty to Animals and Farm Forward [14]. Copies to all parties. [1000826991] [20-1776, 20-1777, 20-1807] CB [Entered: 10/09/2020 02:33 PM]
10/6/202027Transcript deadline updated for Briana Bell in 20-1776, 20-1777, 20-1807. Originating Case No: 1:16-cv-00025-TDS-JEP. Transcript due from Briana Bell, Official Court Reporter 10/09/2020. [20-1776, 20-1777, 20-1807] CAD [Entered: 10/06/2020 03:51 PM]
8/27/2020REPLY by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807 to response [24], response [23].. [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 08/27/2020 11:41 AM]
8/25/2020NOTICE by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, 20-1807 that a reply will be filed. [1000798660].. [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 08/25/2020 09:46 AM]
8/24/2020RESPONSE/ANSWER by North Carolina Farm Bureau Federation, Inc. in 20-1776 to Motion [14]. Nature of response: in opposition. [20-1776, 20-1777, 20-1807] John Hahn [Entered: 08/24/2020 04:27 PM]
8/24/2020RESPONSE/ANSWER by Josh Stein and Kevin Guskiewicz in 20-1777, 20-1807 to notice requesting response [15], Motion [14]. [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 08/24/2020 03:29 PM]
8/17/2020DESIGNATION OF LEAD COUNSEL by Appellants Josh Stein and Kevin Guskiewicz in 20-1777, Appellees Josh Stein and Kevin Guskiewicz in 20-1807. Name of lead counsel: Nicholas S. Brod. [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 08/17/2020 02:00 PM]
8/17/2020APPEARANCE OF COUNSEL by Gabriel Walters for PETA in 20-1776, 20-1777, 20-1807. [1000793716] [20-1776, 20-1777, 20-1807] Gabriel Walters [Entered: 08/17/2020 12:03 PM]
8/12/2020ORDER filed granting Motion to extend filing time [19]. Number of days granted: 7. Response due 08/24/2020. Copies to all parties. [15] [1000791694] [20-1776, 20-1777, 20-1807] CB [Entered: 08/12/2020 02:21 PM]
8/12/2020MOTION by Josh Stein and Kevin Guskiewicz in 20-1777, 20-1807 to extend filing time for response until August 24, 2020.. Date and method of service: 08/12/2020 ecf. [1000791434] [20-1776, 20-1777, 20-1807] Nicholas Brod [Entered: 08/12/2020 10:45 AM]
8/10/2020DESIGNATION OF LEAD COUNSEL by Appellees American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777, Appellants American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1807. Name of lead counsel: David S. Muraskin. [20-1776, 20-1777, 20-1807] David Muraskin [Entered: 08/10/2020 03:46 PM]
8/10/2020ORDER filed granting motion to extend filing time [16]. Number of days granted: 7. Response due 08/24/2020. Copies to all parties. [1000789816] [20-1776, 20-1777, 20-1807] TW [Entered: 08/10/2020 11:35 AM]
8/10/2020MOTION by North Carolina Farm Bureau Federation, Inc. in 20-1776, 20-1807 to extend filing time for response until August 24, 2020.. Date and method of service: 08/10/2020 ecf. [1000789740] [20-1776, 20-1777, 20-1807] Timothy Bishop [Entered: 08/10/2020 10:51 AM]
8/7/2020NOTICE ISSUED to North Carolina Farm Bureau Federation, Inc., Josh Stein and Kevin Guskiewicz requesting response to Motion to dismiss appeal [14]. Response(s) due 08/17/2020 .[1000789428]. [20-1776, 20-1777, 20-1807] CB [Entered: 08/07/2020 04:32 PM]
8/7/2020MOTION by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA in 20-1776, 20-1777 to dismiss appeal [14]. Date and method of service: 08/07/2020 ecf. [1000789395] [20-1776, 20-1807, 20-1777] David Muraskin [Entered: 08/07/2020 03:49 PM]
8/6/2020APPEARANCE OF COUNSEL by Kelsey Eberly for Animal Legal Defense Fund in 20-1776, 20-1777, 20-1807. [1000788672] [20-1776, 20-1777, 20-1807] Kelsey Eberly [Entered: 08/06/2020 02:53 PM]
8/6/2020APPEARANCE OF COUNSEL by Cristina R. Stella for Animal Legal Defense Fund in 20-1776. [1000788563] [20-1776, 20-1777, 20-1807] Cristina Stella [Entered: 08/06/2020 01:04 PM]
8/4/202011Transcript deadline created for Briana Bell in 20-1776, 20-1777. Originating Case No: 1:16-cv-00025-TDS-JEP. Transcript due: 10/05/2020. [20-1776, 20-1777] CB [Entered: 08/04/2020 02:40 PM]
8/4/2020ORDER filed consolidating cases 20-1776, 20-1777 and 20-1807. Cross-appeal appellant(s): North Carolina Farm Bureau Federation, Inc., Josh Stein and Kevin Guskiewicz. Copies to all parties. [1000786884] [20-1776, 20-1777, 20-1807] CB [Entered: 08/04/2020 02:12 PM]
8/4/2020NOTICE ISSUED re: case caption update. [20-1776] CB [Entered: 08/04/2020 08:16 AM]
7/29/2020APPEARANCE OF COUNSEL by Timothy S. Bishop for North Carolina Farm Bureau Federation, Inc.. [1000783837] [20-1776] Timothy Bishop [Entered: 07/29/2020 02:04 PM]
7/29/2020DISCLOSURE STATEMENT by North Carolina Farm Bureau Federation, Inc.. Was any question on Disclosure Form answered yes? No [1000783836] [20-1776] John Hahn [Entered: 07/29/2020 02:00 PM]
7/29/2020DOCKETING STATEMENT by North Carolina Farm Bureau Federation, Inc.. [20-1776] John Hahn [Entered: 07/29/2020 01:57 PM]
7/29/2020APPEARANCE OF COUNSEL by John S. Hahn for North Carolina Farm Bureau Federation, Inc.. [1000783828] [20-1776] John Hahn [Entered: 07/29/2020 01:54 PM]
7/20/2020DISCLOSURE STATEMENT by American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA. Was any question on Disclosure Form answered yes? No [1000777909] [20-1776] David Muraskin [Entered: 07/20/2020 03:22 PM]
7/20/2020APPEARANCE OF COUNSEL by David S. Muraskin for American Society for the Prevention of Cruelty to Animals, Animal Legal Defense Fund, Center for Food Safety, Farm Forward, Farm Sanctuary, Food & Water Watch, Government Accountability Project and PETA. [1000777905] [20-1776] David Muraskin [Entered: 07/20/2020 03:20 PM]
7/15/2020DOCKETING NOTICE issued Re: [1] case. Originating case number: 1:16-cv-00025-TDS-JEP. Mailed to: Brett Legner, William McFadden, Jacob Parker, Cristina Steller. [20-1776] CB [Entered: 07/15/2020 04:06 PM]
7/15/2020Case docketed. Originating case number: 1:16-cv-00025-TDS-JEP. Case manager: CBennett. [20-1776] CB [Entered: 07/15/2020 11:57 AM]