This case was last updated from PACER on 11/14/2021 at 10:57:22 (UTC).

Ciccotelli v. Sanderson Farms, Inc. et al

Case Summary

On September 15, 2021, Alex Ciccotelli (“Plaintiff”), represented by Gina M. Serra of Rigrodsky Law, P.A., filed a civil action against Sanderson Farms, Inc. (“Sanderson Farms” or the “Company”); Joe F. Sanderson; Fred Banks, Jr.; David Barksdale; John Bierbusse; & others, (collectively, the “Defendants”), seeking declaratory and injunctive relief, along with costs and attorneys’ fees, for the Defendants’ alleged violation of securities laws by issuing a Proxy Statement which omits material information with respect to the Proposed Transaction, rendering the Proxy Statement false and misleading. This case was filed in U.S. District Court in the Southern District of New York with Judge Naomi R. Buchwald presiding

 

In the complaint, the Plaintiff alleged that, “This action stems from a proposed transaction announced on August 9, 2021 (the “Proposed Transaction”), pursuant to which Sanderson Farms, Inc. (“Sanderson Farms” or the “Company”) will be acquired by Walnut Sycamore Holding LLC (“Parent”), Wayne Farms LLC (“Wayne Farms”), and Sycamore Merger Sub LLC (“Merger Sub”).”

 

The Plaintiff further alleged that, “On August 8, 2021, Sanderson Farms’ Board of Directors (the “Board” or “Individual Defendants”) caused the Company to enter into an agreement and plan of merger (the “Merger Agreement”) with Parent, Wayne Farms, and Merger Sub. Pursuant to the terms of the Merger Agreement, Sanderson Farms’ stockholders will receive $203.00 in cash for each share of Sanderson Farms common stock they own.” “On September 13, 2021, defendants filed a proxy statement (the “Proxy Statement”) with the United States Securities and Exchange Commission (the “SEC”) in connection with the Proposed Transaction.”

 

The Plaintiff also alleged that, “The Proxy Statement omits material information with respect to the Proposed Transaction, which renders the Proxy Statement false and misleading. Accordingly, plaintiff alleges herein that defendants violated Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 (the “1934 Act”) in connection with the Proxy Statement.”

 

The Plaintiff lists out two claims for relief. The first claim is against the Individual Defendants and Sanderson Farms for the alleged Violation of Section 14(a) of the 1934 Act and Rule 14a-9 promulgated thereunder, and the second claim is against the Individual Defendants for the alleged violation of Section 20(a) of the 1934 Act. 

 

In his prayer for relief, the Plaintiff requested the Court to preliminarily and permanently enjoin defendants and all persons acting in concert with them from proceeding with the Proposed Transaction, or otherwise rescind it and set it aside or award rescissory damages. Plaintiff further requested that the Court direct the Individual Defendants to disseminate a Proxy Statement that does not contain any untrue statements of material fact and states all material facts and declare that defendants violated Sections 14(a) and/or 20(a) of the 1934 Act, as well as Rule 14a-9 promulgated thereunder. Finally, Plaintiff requested that the Court award the Plaintiff the costs of this action and grant such other and further relief as the Court may deem just and proper.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-07727

  • Filing Date:

    09/15/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Finance - Security/Commodity/Exchange

Judge Details

Presiding Judge

Naomi Reice Buchwald

 

Party Details

Plaintiff

Alex Ciccotelli

Defendants

Sanderson Farms, Inc.

Fred Banks, Jr.

David Barksdale

John Bierbusse

Lampkin Butts

Mike Cockrell

Toni D. Cooley

Beverly Hogan

Edith Kelly-Green

Phil K. Livingston

Suzanne Mestayer

Sonia Perez

Gall Jones Pittman

Joe F. Sanderson, Jr.

Attorney/Law Firm Details

Plaintiff Attorney

Gina M. Serra

Attorney at Rigrodsky Law, P.A.

825 East Gate Boulevard, Suite 300

Garden City, NY 11530

 

Court Documents

#1

#2

#3

#4

(#4) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Fred Banks, Jr, David Barksdale, John Bierbusse, Lampkin Butts, Mike Cockrell, Toni D. Cooley, Beverly Hogan, Edith Kelly-Green, Phil K. Livingston, Suzanne Mestayer, Sonia Perez, Gall Jones Pittman, Joe F. Sanderson, Jr, Sanderson Farms, Inc.. Document filed by Alex Ciccotelli. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Serra, Gina) (Entered: 10/25/2021)

 

Docket Entries

  • 10/25/2021
  • View Court Documents
  • Docket(#4) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Fred Banks, Jr, David Barksdale, John Bierbusse, Lampkin Butts, Mike Cockrell, Toni D. Cooley, Beverly Hogan, Edith Kelly-Green, Phil K. Livingston, Suzanne Mestayer, Sonia Perez, Gall Jones Pittman, Joe F. Sanderson, Jr, Sanderson Farms, Inc.. Document filed by Alex Ciccotelli. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Serra, Gina) (Entered: 10/25/2021)

    Read MoreRead Less
  • 10/04/2021
  • DocketMagistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) (Entered: 10/04/2021)

    Read MoreRead Less
  • 10/04/2021
  • DocketNOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (vba) (Entered: 10/04/2021)

    Read MoreRead Less
  • 10/04/2021
  • DocketCASE ACCEPTED AS RELATED. Create association to 1:21-cv-07588-NRB. Notice of Assignment to follow. (vba) (Entered: 10/04/2021)

    Read MoreRead Less
  • 09/16/2021
  • DocketCASE REFERRED TO Judge Naomi Reice Buchwald as possibly related to 1:21cv7588. (sj) (Entered: 09/16/2021)

    Read MoreRead Less
  • 09/16/2021
  • DocketCase Designated ECF. (sj) (Entered: 09/16/2021)

    Read MoreRead Less
  • 09/16/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) (Entered: 09/16/2021)

    Read MoreRead Less
  • 09/15/2021
  • View Court Documents
  • Docket(#3) STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-7588. Document filed by Alex Ciccotelli..(Serra, Gina) (Entered: 09/15/2021)

    Read MoreRead Less
  • 09/15/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Serra, Gina) (Entered: 09/15/2021)

    Read MoreRead Less
  • 09/15/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Fred Banks, Jr, David Barksdale, John Bierbusse, Lampkin Butts, Mike Cockrell, Toni D. Cooley, Beverly Hogan, Edith Kelly-Green, Phil K. Livingston, Suzanne Mestayer, Sonia Perez, Gall Jones Pittman, Joe F. Sanderson, Jr, Sanderson Farms, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25065542)Document filed by Alex Ciccotelli..(Serra, Gina) (Entered: 09/15/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Sanderson Farms, Inc. (Processing Division) is a litigant

Latest cases represented by Lawyer Gina M. Serra