Organization for Competitive Markets
P.O. Box 6486
Lincoln, NE 68506
www.competitivemarkets.com

For Immediate Release
September 1, 2000
Contact:  Doug O'Brien
860-379-6199
obrien@competitivemarkets.com

 

Judge Unseals Transcript in Packer Case

The Organization for Competitive Markets (OCM) is pleased to announce that a Federal District Court Judge ordered that the entire transcript in a major meatpacker case be open to the public, despite the packer's request to seal substantial portions of the case.  Judge Joseph F. Battaillion, U.S. District Court Judge for the District of Nebraska, ordered on August 28^th that the transcript of the trial concerning Consolidated Nutrition Corp and Seaboard Farms, Inc. not be sealed.

Consolidated Nutrition (CN) is a large hog producer owned by ADM and Continental Grain.  CN had a contract to sell hogs to Seaboard.  CN sued the controversial meat packer alleging that Seaboard engaged in various improper activities including misweighing, misgrading and violations of the Packers & Stockyards Act.  The case was tried in Omaha for two weeks before the parties settled.

During the trial, Seaboard requested that the Court seal, in whole or in part, 433 pages of the approximately 1100 page transcript.  OCM, through its Competitive Market Litigation Clearinghouse, moved to intervene in the case to prevent the sealing of the court record.  OCM argued that Seaboard had no right to deny the public's right to view these documents.

Judge Battaillon agreed with OCM that Seaboard's request to seal was much too broad and denied the request.  However, Judge Bataillon denied OCM's motion to intervene, stating that OCM did not have standing.  While the trial transcript is now open to the public, certain documents in the court's possession remain sealed.  OCM is currently considering whether to appeal the judges ruling for the purpose of unsealing the documents in the Court's file.