`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF IOWA
`EASTERN DIVISION
`
`Hus Hari Buljic individually and as
`Administrator of the Estate of Sedika
`Buljic, Honario Garcia individually
`and as Administrator of the Estate of
`Reberiano Leno Garcia, and Arturo de
`Jesus Hernandez and Miguel Angel
`Hernandez as Co-Administrators of
`the Estate of Jose Luis Ayala, Jr.,
`
`
`
`
`
`
`
`
`
`Case No. 6:20-cv-02055-KEM
`
`
`
`Plaintiffs,
`
`
`
`vs.
`
`Tyson Foods, Inc., Tyson Fresh Meats,
`Inc., John H. Tyson, Noel W. White,
`Dean Banks, Stephen R. Stouffer, Tom
`Brower, Tom Hart, Cody Brustkern,
`John Casey, Bret Tapken, and James
`Hook,
`
`Defendants.
`
`
`
`NOTICE OF APPEAL
`
`Notice is hereby given that all Defendants appeal to the United States Court
`
`of Appeals for the Eighth Circuit from the Order entered December 28, 2020 (Doc. 57)
`
`remanding this case to the Iowa District Court for Black Hawk County, as well as
`
`any and all orders related to Doc. 57. Defendants are entitled to appeal the remand
`
`order as of right because this case was removed under 28 U.S.C. § 1442(a). See 28
`
`U.S.C. § 1447(d) (“an order remanding a case to the State court from which it was
`
`removed pursuant to section 1442 … of this title shall be reviewable by appeal or
`
`150661156.1
`Case 6:20-cv-02055-LRR-KEM Document 58 Filed 12/31/20 Page 1 of 4
`
`
`
`
`
`otherwise”); see, e.g., Jacks v. Meridian Res. Co., LLC, 701 F.3d 1224 (8th Cir. 2012)
`
`(appeal of federal officer removal as of right).
`
`Because of the appeal as of right, it is Defendants’ understanding that under
`
`Federal Rule of Civil Procedure 62(a) this Court’s remand order is automatically
`
`stayed through January 27, 2020—30 days after its issuance. See, e.g., Northrop
`
`Grumman Tech. Servs., Inc. v. DynCorp Int’l LLC, No. 1:16cv534, 2016 WL 3180775,
`
`at *1–*2 (E.D. Va. June 7, 2016). In addition, Defendants intend to move in this Court
`
`for a stay through the pendency of this appeal. See generally Fed. R. App. P. 8(a).
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
` /s/ Kevin J. Driscoll
`AT0002245
`Kevin J. Driscoll
`
`FINLEY LAW FIRM, P.C.
`699 Walnut Street, Suite 1700
`Des Moines, Iowa 50309
`Telephone: 515.288.0145
`Facsimile: 515.288.2724
`Email: kdriscoll@finleylaw.com
`
`Christopher S. Coleman
`(Admitted pro hac vice)
`Perkins Coie LLP
`2901 N. Central Avenue, Suite 2000
`Phoenix, Arizona 85012
`Telephone: 602.351.8000
`Facsimile: 602-648.7000
`Email: CColeman@perkinscoie.com
`
`
`
`
`
`150661156.1
`Case 6:20-cv-02055-LRR-KEM Document 58 Filed 12/31/20 Page 2 of 4
`
`- 2 -
`
`
`
`
`
`Mary Gaston
`(Admitted pro hac vice)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Telephone: 206.359.8000
`Facsimile: 206.359.9000
`Email: MGaston@perkinscoie.com
`
`ATTORNEYS FOR DEFENDANTS
`TYSON FOODS, INC., TYSON
`FRESH MEATS, INC., JOHN H.
`TYSON, NOEL W. WHITE, DEAN
`BANKS, STEPHEN R. STOUFFER,
`and TOM BROWER
`
`
`
`
` /s/ Nicholas Klinefeldt
`Nicholas Klinefeldt
`FAEGRE DRINKER BIDDLE &
`REATH LLP
`801 Grand Avenue, 33rd Floor
`Des Moines, Iowa 50309
`Telephone: 515.447.4717
`Facsimile: 515.248.9010
`Email:
` nick.klinefeldt@faegredrinker.com
`
`ATTORNEYS FOR DEFENDANTS
`TOM HART, CODY BRUSTKERN,
`JOHN CASEY, BRET TAPKEN,
`and JAMES HOOK
`
`
`
`
`
`
`
`
`
`150661156.1
`Case 6:20-cv-02055-LRR-KEM Document 58 Filed 12/31/20 Page 3 of 4
`
`- 3 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 31, 2020, a true and correct copy of the fore-
`
`going document was served upon all counsel of record via the Court’s CM/ECF system
`
`as follows:
`
`Mel C. Orchard, III
`
`
`Thomas P. Frerichs
`Frerichs Law Office, P.C.
`G. Bryan Ulmer, III
`
`Gabriel Phillips
`106 E. 4th Street, P. O. Box 328
`The Spence Law Firm, LLC
`Waterloo, Iowa 50704-0328
`
`15 S. Jackson Street
`319.236.7204 / 319.236.7206 (fax)
`P. O. Box 548
`tfrerichs@frerichslaw.com
`
`Jackson, Wyoming 83001
`
`
`
`
`
`
`307.337.1283 / 307.337.3835 (fax)
`John J. Rausch
`
`
`
`Rausch Law Firm, PLLC
`
`orchard@spencelawyers.com
`3909 University Ave., P. O. Box 905 ulmer@spencelawyers.com
`Waterloo, Iowa 50704-0905
`
`phillips@spencelawyers.com
`319.233.35557 / 319.233.3558 (fax)
`rauschlawfirm@dybb.com
`
`Attorneys for the Plaintiffs
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Kevin J. Driscoll
`
`
`
`
`
`
`
`150661156.1
`Case 6:20-cv-02055-LRR-KEM Document 58 Filed 12/31/20 Page 4 of 4
`
`- 4 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
