Case: 20-1045 Document: 60 Page: 1 Date Filed: 04/30/2020
`
`United States Court of Appeals
`
`for the
`Third Circuit
`
`Case No. 20-1045
`
`
`
`In Re: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION
`
`THE KROGER CO; SAFEWAY, INC.; ROUNDY’S SUPERMARKETS, INC.;
`WALGREEN CO.; HY-VEE, INC.; ALBERTSONS LLC; THE GREAT
`ATLANTIC & PACIFIC TEA COMPANY, INC.; H.E. BUTT GROCERY
`COMPANY; SUPERVALU INC.; PUBLIX SUPERMARKETS, INC.; GIANT
`EAGLE, INC.; WINN-DIXIE STORES, INC.,
`
`Appellants,
`
`– v. –
`
`ROSE ACRE FARMS; UNITED EGG PRODUCERS, INC.;
`UNITED STATES EGG MARKETERS, INC.
`
`––––––––––––––––––––––––––––––
`
`(For Continuation of Caption See Inside Cover)
`
`_____________________________
`
`ON APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN NO. 2-0-8MD-02002,
`HONORABLE GENE E. K. PRATTER, U.S. DISTRICT JUDGE
`
`BRIEF AND JOINT APPENDIX FOR APPELLANTS
`VOLUME I OF XI (Pages Appx1-Appx66)
`
`
`
`PAUL E. SLATER, ESQ.
`JOSEPH M. VANEK, ESQ.
`DAVID P. GERMAINE, ESQ.
`JOHN BJORK, ESQ.
`MATHEW T. SLATER, ESQ.
`SPERLING & SLATER, P.C.
`Attorney for Appellants/Cross-
`Appellees SuperValu Inc.
`and Publix Supermarkets, Inc.
`55 West Monroe Street, Suite 3200
`Chicago, Illinois 60603
`(312) 641-3200
`
`WILLIAM J. BLECHMAN, ESQ.
`DOUGLAS H. PATTON, ESQ.
`MICHAEL A. PONZOLI, ESQ.
`BRANDON S. FLOCH, ESQ.
`KENNY NACHWALTER, P.A.
`Attorney for Appellants/Cross-
`Appellees The Kroger Co, Safeway
`Inc., Roundy’s Supermarkets, Inc.,
`Walgreen Co., Hy-Vee, Inc.,
`Albertsons LLC, The Great Atlantic
`& Pacific Tea Company, Inc. and
`H.E. Butt Grocery Company
`1441 Brickell Avenue, Suite 1100
`Miami, Florida 33131
`(305) 373-1000
`
`(For Continuation of Appearances See Inside Cover)
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case: 20-1045 Document: 60 Page: 2 Date Filed: 04/30/2020
`
`Case No. 20-1127
`
`In Re: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION
`
`THE KROGER CO; SAFEWAY, INC.; ROUNDY’S SUPERMARKETS, INC.;
`WALGREEN CO.; HY-VEE, INC.; ALBERTSONS LLC; THE GREAT
`ATLANTIC & PACIFIC TEA COMPANY, INC.; H.E. BUTT GROCERY
`COMPANY; SUPERVALU INC.; PUBLIX SUPERMARKETS, INC.; GIANT
`EAGLE, INC.; WINN-DIXIE STORES, INC.,
`
`– v. –
`
`ROSE ACRE FARMS; UNITED EGG PRODUCERS, INC.;
`UNITED STATES EGG MARKETERS, INC.,
`
`ROSE ACRE FARMS,
`
`Appellant.
`
`MOIRA CAIN-MANNIX, ESQ.
`BRIAN C. HILL, ESQ.
`MARCUS & SHAPIRA LLP
`Attorney for Appellant/Cross-Appellee
`Giant Eagle, Inc.
`301 Grant Street
`One Oxford Center, 35th Floor
`Pittsburgh, Pennsylvania 15219
`(412) 471-3490
`
`PATRICK J. AHERN, ESQ.
`AHERN AND ASSOCIATES, P.C.
`Attorney for Appellant/Cross-Appellee
`Winn-Dixie Stores, Inc.
`Eight South Michigan Avenue,
`Suite 3600
`Chicago, Illinois 60603
`(312) 404-3760
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case: 20-1045 Document: 60 Page: 3 Date Filed: 04/30/2020
`Case: 20-1045 Document: 28 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 4 Date Filed: 04/30/2020
`Case: 20-1045 Document: 28 Page: 2 Date Filed: 01/24/2020
`
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`Albertson's LLC
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`Albertsons Companies, Inc.
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`none
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 5 Date Filed: 04/30/2020
`Case: 20-1045 Document: 30 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 6 Date Filed: 04/30/2020
`Case: 20-1045 Document: 30 Page: 2 Date Filed: 01/24/2020
`
`H.E. Butt Grocery Company
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`none
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`none
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 7 Date Filed: 04/30/2020
`Case: 20-1045 Document: 27 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 8 Date Filed: 04/30/2020
`Case: 20-1045 Document: 27 Page: 2 Date Filed: 01/24/2020
`
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`Hy-Vee, Inc.
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`none
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`none
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 9 Date Filed: 04/30/2020
`Case: 20-1045 Document: 25 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 10 Date Filed: 04/30/2020
`Case: 20-1045 Document: 25 Page: 2 Date Filed: 01/24/2020
`
`Roundy's Supermarkets, Inc.
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`Roundy’s Acquisition Corp., Roundy's, Inc., The Kroger Co.
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`Roundy’s Supermarkets, Inc. is owned by Roundy’s Acquisition Corp.
`Roundy’s Acquisition Corp. is owned by Roundy’s, Inc. Roundy’s, Inc. is owned by The
`Kroger Co. Only The Kroger Co. is publicly held.
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 11 Date Filed: 04/30/2020
`Case: 20-1045 Document: 24 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`No. _________
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 12 Date Filed: 04/30/2020
`Case: 20-1045 Document: 24 Page: 2 Date Filed: 01/24/2020
`
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`Safeway Inc.
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`Albertsons Companies, Inc.
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`none
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 13 Date Filed: 04/30/2020
`Case: 20-1045 Document: 23 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 14 Date Filed: 04/30/2020
`Case: 20-1045 Document: 23 Page: 2 Date Filed: 01/24/2020
`
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`The Kroger Co.
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`none
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`none
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 15 Date Filed: 04/30/2020
`Case: 20-1045 Document: 26 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`
`No.
`
`The Kroger Co., et al.
`
` v.
`United Egg Producers, Inc., et al.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an
`active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the
`proceedings before this Court, the appellant must file this list. LAR 26.1(c).
`
`The purpose of collecting the information in the Corporate Disclosure and Financial
`Interest Statements is to provide the judges with information about any conflicts of interest which would
`prevent them from hearing the case.
`
`The completed Corporate Disclosure Statement and Statement of Financial Interest Form
`must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or
`upon the filing of the party’s principal brief, whichever occurs first. A copy of the statement must also be
`included in the party’s principal brief before the table of contents regardless of whether the statement has
`previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure.
`
`If additional space is needed, please attach a new page.
`
`(Page 1 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 16 Date Filed: 04/30/2020
`Case: 20-1045 Document: 26 Page: 2 Date Filed: 01/24/2020
`
`Pursuant to Rule 26.1 and Third Circuit LAR 26.1,
`makes the following disclosure: (Name of Party)
`
`Walgreen Co.
`
`corporations:
`
`1) For non-governmental corporate parties please list all parent
`Walgreens Boots Alliance, Inc.
`
`2) For non-governmental corporate parties please list all publicly held
`companies that hold 10% or more of the party’s stock:
`Walgreens Boots Alliance, Inc.
`
`3) If there is a publicly held corporation which is not a party to the
`proceeding before this Court but which has as a financial interest in the outcome of the
`proceeding, please identify all such parties and specify the nature of the financial
`interest or interests:
`n/a
`
`4) In all bankruptcy appeals counsel for the debtor or trustee of the
`bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the
`members of the creditors’ committee or the top 20 unsecured creditors; and, 3) any
`entity not named in the caption which is active participant in the bankruptcy proceeding.
`If the debtor or trustee is not participating in the appeal, this information must be
`provided by appellant.
`n/a
`
`/s/ Michael A. Ponzoli
`
` Dated:
`(Signature of Counsel or Party)
`
`01/24/2020
`
`rev: 09/2014 (Page 2 of 2)
`
`

`

`Case: 20-1045 Document: 60 Page: 17 Date Filed: 04/30/2020
`Case: 20-1045 Document: 33 Page: 1 Date Filed: 01/24/2020
`
`United States Court of Appeals for the Third Circuit
`
`Corporate Disclosure Statement and
`Statement of Financial Interest
`
`20-1045
`No. _________
`IN RE: PROCESSED EGG PRODUCTS ANTITRUST
`LITIGATION
`
` v.
`
`Instructions
`
`Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental
`corporate party to a proceeding before this Court must file a statement identifying all of its parent
`corporations and listing any publicly held company that owns 10% or more of the party’s stock.
`
`Third Circuit LAR 26.1(b) requires that every party to an appeal must identify on the
`Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every
`publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of
`the litigation and the nature of that interest. This information need be provided only if a party has
`something to report under that section of the LAR.
`
`In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall
`provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors’
`committee or the top 20 unsecured creditors; and, 3) any entit