King Kullen Grocery Co., Inc. v. Cal-Maine Foods, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
IN RE: SHELL EGGS ANTITRUST LITIGATION
Member cases:
25-cv-946-jdp, 	25-cv-1016-jdp, 	26-cv-102-jdp,
26-cv-138-jdp, 	26-cv-139-jdp, 	26-cv-140-jdp,
26-cv-155-jdp, 	26-cv-156-jdp, 	26-cv-157-jdp,
26-cv-158-jdp, 	26-cv-169-jdp, 	26-cv-177-jdp,
26-cv-178-jdp
ORDER
26-md-3175-jdp
These cases were filed in this court or transferred here under 28 U.S.C. § 1407 by the
Judicial Panel on Multidistrict Litigation for coordinated or consolidated pretrial proceedings.
Case no. 25-cv-1016-jdp was not included in the transfer order, but it did not have to be
because it was filed directly in this court. See J.P.M.L R. 7.2(a). Plaintiffs in each case, including
Case no. 25-cv-1016-jdp, allege that defendants conspired to fix the prices of eggs. The clerk
of court is directed to add Case no. 25 cv-1016-jdp as a member case because it includes
common questions of fact with the other cases.
The next step is to hold an initial judicial management conference under Federal Rule
of Civil Procedure 16.1. The parties may have until April 27, 2026, to confer and submit a
joint report that addresses each of the matters listed in the rule and any other matters the
parties wish to bring to the court’s attention. Any areas of disagreement should be identified
in the report. In addition, the parties should provide any information they have on the status
of any related investigations by the U.S. Department of Justice and other government bodies
and on whether, and, if so, how those investigations may affect the proceedings in this court.
The court will hold the conference in person on Friday, May 8, at 10 am in Courtroom
250.
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To minimize costs and facilitate a manageable conference, counsel for all parties are not
required to attend the conference in person, and counsel with similar interests should agree to
the extent practicable on a single attorney to act on their joint behalf at the conference. A party
that designates an attorney to represent its interests at the conference will not be precluded
from other representation during the litigation, and attendance at the conference will not waive
objections to jurisdiction, venue, or service. Individual parties and corporate representatives
need not attend the conference in person or otherwise.
Counsel who do not wish to attend the conference in person may listen by phone. The
clerk’s office will send out a notice with instructions on how to do that. Any lawyer who seeks
a leadership position in the case and other lawyers who wish to speak during the hearing should
be present in the courtroom.
All filings by the parties in the MDL should bear the case name “In re Shell Eggs
Antitrust Litigation” and include the case number 26-mdl-3175-jdp. If a filing applies to all
cases, it should state that in the caption. If the filing applies only to an individual case or cases,
the docket numbers of the cases to which they apply should be identified in the caption.
If counsel for any of the parties is in communication with any served parties who have
not yet made an appearance, counsel are encouraged to forward this order to those parties so
that they may make an appearance and participate in the conference.
Entered March 26, 2026.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
Case: 3:26-cv-00177-jdp Document #: 128 Filed: 03/26/26 Page 2 of 2