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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MISSOURI
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`RURAL COMMUNITY WORKERS ALLIANCE
`and JANE DOE,
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`Plaintiffs,
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`vs.
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`C. A. No. 5:20-cv-06063-DGK
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`SMITHFIELD FOODS, INC. and SMITHFIELD
`FRESH MEATS CORP.,
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`Defendants.
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`NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF
`EMERGENCY MOTION TO DISMISS
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`Yesterday, April 28, 2020, President Trump issued an executive order under the Defense
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`Production Act delegating to the Secretary of Agriculture all authority to ensure that meat
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`processors “continue operations consistent with the guidance for their operations jointly issued by
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`the CDC and OSHA.” See Exhibit A. Pursuant to that order, this case should be immediately
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`dismissed.
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`The order gives primary jurisdiction over Smithfield’s current operations to the Secretary
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`of Agriculture, and any injunction issued by this Court would undermine that jurisdiction. The
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`order requires the Secretary of Agriculture to consult with executive departments and agencies to
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`balance, on the one hand, the importance of the nation’s meat supply and, on the other, compliance
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`with “the guidance for the operations of meat and poultry processing facilities jointly issued by
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`the CDC and OSHA.” Ex. A at 3. By order of the President, the Court must defer to the Secretary
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`of Agriculture.
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`In response to the executive order, the Solicitor of Labor and Principal Deputy Assistant
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`Secretary for OSHA issued a joint statement recognizing that it is “vitally important” that meat
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`processing plants comply with the Joint Meat Processing Guidance issued by the CDC and OSHA.
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`-1-
`Case 5:20-cv-06063-DGK Document 36 Filed 04/29/20 Page 1 of 4
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`See Exhibit B. In addition, the joint statement made clear that, because President Trump invoked
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`the Defense Production Act, state and local authorities may not direct a meat processing plant “to
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`operate in accordance with procedures other than those provided for in [the] Guidance.” See id. at
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`1-2. Plaintiffs’ requested injunction would require “procedures other than those provided for in
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`[the] Guidance” and would be unenforceable.
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`President Trump’s executive order also expressly recognized the purpose behind the
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`primary jurisdiction doctrine: to prevent inconsistent regulation. As President Trump noted, states’
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`closure of meat processing plants “may differ from or be inconsistent with interim guidance
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`recently issued by” the CDC and OSHA that “provid[e] for the safe operation of such facilities.”
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`Ex. A at 2. That is especially true here: this Court’s determination may differ from a state
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`determination, which in turn may differ from the Secretary of Agriculture’s determination. The
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`risk of such inconsistencies is “undermining critical infrastructure during the national emergency.”
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`Id. at 2. That is why President Trump delegated all authority to the Secretary of Agriculture.
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`No hearing is needed. As the President noted, any unnecessary impediments to meat
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`processing by facilities like the Plant “can quickly have a large effect on the food supply chain.”
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`Ex. A at 2. For example, “closure of a single meat or poultry processing facility can severely
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`disrupt the supply of protein to an entire grocery store chain.” Id. While Plaintiffs here have not
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`sought closure of the Plant at this time, they have certainly sought to inject uncertainty into the
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`Plant’s operations. Any such uncertainty could affect food supply chains. This case should be
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`dealt with as quickly as possible.
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`Under the doctrine of primary jurisdiction outlined in Smithfield’s Motion to Dismiss, this
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`Court should dismiss this action in favor of the authority and expertise of the Secretary of
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`Agriculture, without the need for a hearing.
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`-2-
`Case 5:20-cv-06063-DGK Document 36 Filed 04/29/20 Page 2 of 4
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`SMITHFIELD FOODS, INC. and
`SMITHFIELD FRESH MEATS CORP.
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`By:/s/ Jean Paul Bradshaw II _______________
` Jean Paul Bradshaw II (#31800)
`Mara Cohara (#51051)
`Lathrop GPM LLP
`2345 Grand Boulevard, Suite 2200
`Kansas City, Missouri 64108
`Telephone: (816) 460-5507
`Facsimile: (816) 292-2001
`jeanpaul.bradshaw@lathropgpm.com
`mara.cohara@lathropgpm.com
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`
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`Alexandra B. Cunningham (admitted PHV)
`Hunton Andrews Kurth LLP
`Riverfront Plaza, East Tower
`951 East Byrd Street
`Richmond, Virginia 23219-4074
`Telephone: (804) 787-8087
`Facsimile: (804) 788-8218
`acunningham@HuntonAK.com
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`Susan F. Wiltsie (admitted PHV)
`Hunton Andrews Kurth LLP
`2200 Pennsylvania Avenue, NW
`Washington, District of Columbia 20037
`Telephone: (202) 955-1500
`Facsimile: (202) 778-2201
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`Counsel for Defendants
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`-3-
`Case 5:20-cv-06063-DGK Document 36 Filed 04/29/20 Page 3 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 29th day of April, 2020, I electronically filed the foregoing
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`with the Clerk of the Court using the CM/ECF system which will send electronic notification of
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`the same to the following counsel of record:
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`Gina Chiala (#59112)
`Heartland Center for Jobs and Freedom, Inc.
`4047 Central Street
`Kansas City, MO 64111
`Telephone: (816) 278-1092
`Facsimile: (816) 278-5785
`ginachiala@jobsandfreedom.org
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`David S. Muraskin (admitted PHV)
`Karla Gilbride (admitted PHV)
`Stevie K. Glaberson (admitted PHV)
`Public Justice
`1620 L. Street, NW, Suite 630
`Washington, DC 20036
`Telephone: (202) 797-8600
`Facsimile: (202) 232-7203
`dmuraskin@publicjustice.net
`kgilbride@publicjustice.net
`sglaberson@publicjustice.net
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`David Seligman (admitted PHV)
`Juno Turner (admitted PHV)
`Towards Justice
`1410 High Street, Suite 300
`Denver, CO 80218
`Telephone: (720) 441-2236
`Facsimile: (303) 957-2289
`david@towardsjustice.org
`juno@towardsjustice.org
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`Counsel for Plaintiffs
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`/s/ Jean Paul Bradshaw II
`An Attorney for Defendants
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`Case 5:20-cv-06063-DGK Document 36 Filed 04/29/20 Page 4 of 4
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