Imprisoned ex-cattleman Cody Easterday will ask the 9th U.S. Circuit Court of Appeals to rehear his claim Tyson Fresh Meats reneged on a deal to share profits from selling “Cody’s Beef” to Japanese consumers.

A three-judge panel dismissed the lawsuit in October. Easterday’s attorney, Charles Macedo, indicated Nov. 11 he will ask the panel or the full court to reconsider the decision.

Macedo requested the court extend the deadline to file the motion by seven days to Nov. 21. Macedo said he needed the extra week to consult with Easterday, who is in a medium-security prison in Victorville, Calif.

Easterday was transferred in late October from a low-security prison in Lompoc, Calif., and is waiting to be moved to Duluth, Minn., to attend a rehabilitation program, according to Macedo.

At Lompoc, Easterday was able to communicate with his lawyers more frequently, Macedo said.

Easterday, 53, pleaded guilty in 2021 to defrauding Tyson out of $233 million. He is serving an 8-year, 9-month sentence and is scheduled to be released in 2029.

Easterday, once head of a farming and ranching empire in southeastern Washington, procured and raised cattle for Tyson’s beef plant near Pasco, Wash. He billed the company for 265,000 head of cattle that didn’t exist.

Easterday blamed a gambling addiction for running up huge losses betting on the future price of cattle. He sought to recoup the money with what prosecutors called a “ghost cattle” scheme.

Shortly after being sentenced, and owing Tyson millions in restitution, Easterday sued Tyson, alleging the company broke an oral contract to split profits from selling “Cody’s Beef” in Japan.

Tyson’s promotional campaign, in partnership with the Japanese company Nippon Ham, used Easterday’s name and photo.

Easterday’s attorneys have yet to argue their case in person. U.S. District Judge Stanley Bastian in Yakima denied a request to hold a hearing and dismissed the suit based on written arguments.

The 9th Circuit also canceled a hearing and made its decision based on briefs. Bastian and the 9th Circuit ruled Easterday’s claims were vague and that his “unclean hands” barred him from collecting damages.

Easterday filed another post-sentencing lawsuit against Tyson, claiming the company exploited its dominant position as a Northwest cattle buyer to force him to accept disadvantageous contract terms. Bastian dismissed that lawsuit, too.