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Civil Rights: Other | New Jersey
Letter
Letter from Gary S. Lipshutz to the Hon. Cari Fais, U.S.M.J. re 101 Text Order,,,, Set Hearings,,,. (LIPSHUTZ, GARY)
Anti-Trust | Wisconsin Western
Text Only Order
** TEXT ONLY ORDER ** The court directed plaintiffs to file proof of service on all defendants by September 1 or show cause why they could not do so. Dkt. 211 . Plaintiffs have notified the court that they have served all but one of the defendants, Sparboe, Inc., who plaintiffs say is owned by Opal Foods, LLC (another defendant who has already been served). Plaintiffs represent that they have made multiple attempts to serve Sparboe at different addresses, that "service... has not been accepted" at any of the addresses, and that they continue trying to serve Sparboe by all the means authorized under state law. Dkt. 265. Plaintiffs are to provide another status update on service of Sparboe by September 15. The court requests that Opal provide any assistance that it can in effectuating service. If plaintiffs have not been able to effectuate service on Sparboe by September 15, they are to submit a declaration or affidavit that: (1) describes the efforts they have made to complete service (along with any relevant documentation); (2) identifies the additional efforts they intend to make to serve Sparboe; and (3) estimates how much longer they will need to complete service. Plaintiffs should also submit any evidence that Sparboe is intentionally evading service. If it is later shown that Sparboe is evading service, the court will not hesitate to impose sanctions. See Ali v. Tolbert, 636 F.3d 622, 627 (D.C. Cir. 2011) (court has inherent authority to sanction parties for evading service); Fox Valley Const. Workers Fringe Ben. Funds v. Pride of Fox Masonry & Expert Restorations, 140 F.3d 661, 666-67 (7th Cir. 1998) (affirming monetary sanctions for evading service, among other things). Signed by District Judge James D. Peterson on 9/2/2026. Associated Cases: 3:26-md-03175-jdp et al. (jef)
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