Scherler et al v. Bayer Cropscience LP
| Ryan Scherler, Phillip Kerr, Stan Scherler, Kim Scherler, Marvin Scherler, Travis Kinder, Sondra Kinder, Doug Scherler, Jarvis Kinder, Michelle Scherler, Trecyl Scherler and Phillis Kinder |
| Bayer Cropscience LP |
| Attorney General of the State of Oklahoma |
| 5:2009cv00079 |
| January 16, 2009 |
| US District Court for the Western District of Oklahoma |
| Prop. Damage Prod. Liability Office |
| Comanche |
| Stephen P Friot |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2010. A more recent docket listing may be available from PACER.
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Filing 89
ORDER OF DISMISSAL WITH PREJUDICE re #88 Stipulation of Dismissal With Prejudice. Signed by Honorable Stephen P. Friot on 8/3/10. (llg)
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| Filing 88 STIPULATION of Dismissal with Prejudice by Bayer Cropscience LP, Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler. (Fischer, Amy) |
| Filing 87 ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 45 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable Stephen P. Friot on 7/15/10. (llg) |
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Filing 86
ORDER Setting Hearing on #82 Plaintiffs' MOTION to Exclude Duplicative Expert Testimony of Defendant's Proposed Expert Witnesses, #83 Defendant's MOTION to Exclude the Opinions of Dr. John M. Brown Under Rule 702, 703 and Daubert: Motion Hearing set for 8/24/2010 01:30 PM in Courtroom 303 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 7/8/10. (llg)
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| Filing 85 OBJECTIONS re #78 Exhibit List filed by Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler. (McGuire, Kent) |
| Filing 84 MOTION for Summary Judgment and Brief in Support by Bayer Cropscience LP. (Attachments: #1 Exhibit 1-Brown depo, #2 Exhibit 2-Doug Scherler depo, #3 Exhibit 3-Stan Scherler depo, #4 Exhibit 4-Marvin Scherler depo, #5 Exhibit 5-Ryan Scherler depo, #6 Exhibit 6-Jarvis Kinder depo, #7 Exhibit 7-Travis Kinder depo)(Fischer, Amy) |
| Filing 83 MOTION to Exclude the Opinions of Dr. John M. Brown Under Rule 702, 703 and Daubert and Brief in Support by Bayer Cropscience LP. (Attachments: #1 Exhibit 1 (part 1 of 8)-Brown depo, #2 Exhibit 1 (part 2 of 8)-Brown depo, #3 Exhibit 1 (part 3 of 8)-Brown depo, #4 Exhibit 1 (part 4 of 8)-Brown depo, #5 Exhibit 1 (part 5 of 8)-Brown depo, #6 Exhibit 1 (part 6 of 8)-Brown depo, #7 Exhibit 1 (part 7 of 8)-Brown depo, #8 Exhibit 1 (part 8 of 8)-Brown depo, #9 Exhibit 2-Brown CV, #10 Exhibit 3 (part 1 of 2)-Brown report, #11 Exhibit 3 (part 2 of 2)-Brown report)(Fischer, Amy) |
| Filing 82 MOTION to Exclude Expert Testimony by Phillip Kerr, Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler. (McGuire, Kent) |
| Filing 81 MOTION to Exclude Expert Testimony by Phillip Kerr, Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler. (McGuire, Kent) |
| NOTICE from the Court STRIKING #81 Plaintiffs' MOTION to Exclude Duplicative Expert Testimony of Defendant's Proposed Expert Witnesses and Brief in Support, for failure to comply w/LCvR7.1(d) - "For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type...." Counsel for plaintiffs is DIRECTED to refile the motion. (llg) |
| Filing 80 OBJECTIONS re #63 Exhibit List filed by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 79 Witness List by Defendant Bayer Cropscience LP. (Fischer, Amy) |
| Filing 78 Exhibit List by Defendant Bayer Cropscience LP. (Fischer, Amy) |
| Filing 77 NOTICE of Subpoena by Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler (Attachments: #1 Exhibit Subpoena)(McGuire, Kent) |
| Filing 76 NOTICE of Subpoena by Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler (Attachments: #1 Exhibit Subpoena)(McGuire, Kent) |
| Filing 75 NOTICE of Subpoena by Jarvis Kinder, Phillis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Kim Scherler, Marvin Scherler, Michelle Scherler, Ryan Scherler, Stan Scherler, Trecyl Scherler to Helena Chemical Company (Attachments: #1 Exhibit Exhibit 1 - Subpoena)(McGuire, Kent) |
| Filing 74 NOTICE to Take Deposition of Dr. John Brown by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 73 NOTICE to Take Deposition of Dr. John Brown by Bayer Cropscience LP. (Fischer, Amy) |
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Filing 72
ORDER granting in part and denying in part #56 Defendant's Motion for Partial Summary Judgment. The mtn is GRANTED to the extent that it seeks a summary ruling regarding the conspicuousness of the exclusion of warranties language contained on the 2008 Olympus Flex label; the undisputed facts show that the exclusions in question are conspicuous w/i the meaning of the Oklahoma UCC. In all other respects, the mtn is DENIED. Signed by Honorable Stephen P. Friot on 5/17/10. (llg)
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| Filing 71 NOTICE of Subpoena by Bayer Cropscience LP for Production of Documents (Attachments: #1 Exhibit 1 - Subpoenas to Walters Co-Op and Co-Op Services, Inc.)(Fischer, Amy) |
| Filing 70 NOTICE to Take Deposition of Dr. John Brown by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 69 NOTICE to Take Deposition of Dr. John Brown by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 68 SURREPLY re #56 MOTION for Summary Judgment and Brief in Support filed by all plaintiffs. (McGuire, Kent) |
| Filing 67 SUPPLEMENT re #61 Reply to Response to Motion by Bayer Cropscience LP. (Attachments: #1 Exhibit 2 - Affidavit of Pamela D. Houston)(Fischer, Amy) |
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Filing 66
ORDER regarding #56 Defendant's Motion for Partial Summary Judgment. Dft may file a supplement to its reply brief, for the ltd purpose set forth in this order, by 4/26/10. Plfs shall then have an opportunity to file a sur-reply brief (whether or not dft files a supplement), for the ltd purpose of responding to the new material & to any supplement that may be filed by the dft, by 4/30/10. Signed by Honorable Stephen P. Friot on 4/22/10. (llg)
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| Filing 65 THIRD AMENDED SCHEDULING ORDER granting #64 JOINT APPLICATION to Extend Deadlines: Dft witness list due 6/20/10; Dft objections to plf exhibit list due 6/20/10; Dft exhibit list due 6/20/10; Plf objections to dft exhibit list due 14 days t/a; Dispositive & Daubert Motions due 7/1/10; Discovery due 9/15/10; Motions in limine due 9/21/10; Jury instructions due 9/21/10; Voir dire requests due 9/21/10; Trial briefs due 9/21/10; Pretrial Report due 9/21/10; Jury Trial set for 10/12/2010 09:30 AM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 4/16/10. (llg) |
| Filing 64 JOINT MOTION for Extension of Time for all deadlines by Ryan Scherler, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Bayer Cropscience LP, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (Fischer, Amy) |
| Filing 63 Exhibit List by Plaintiffs Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (McGuire, Kent) |
| Filing 62 Witness List by Plaintiffs Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (McGuire, Kent) |
| Filing 61 REPLY to Response to Motion re #56 MOTION for Summary Judgment and Brief in Support filed by Bayer Cropscience LP. (Attachments: #1 Exhibit 1-Affidavit of Pamela D. Houston)(Fischer, Amy) |
| Filing 60 NOTICE (other) by Bayer Cropscience LP of Designation of Experts (Attachments: #1 Exhibit 1 - Leikam report, #2 Exhibit 2 - Baughman report, #3 Exhibit 3 - Westra report, #4 Exhibit 4 - Brady report, #5 Exhibit 4 - Brady report, #6 Exhibit 4 - Brady report, #7 Exhibit 4 - Brady)(Fischer, Amy) |
| Filing 59 NOTICE to Take Deposition of Dr. John Brown by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 58 RESPONSE to Motion re #56 MOTION for Summary Judgment and Brief in Support filed by all plaintiffs. (Attachments: #1 Exhibit Ex 1, Depo of Pamela Houston, #2 Exhibit Ex 2, Depo of Stan Scherler, #3 Exhibit Depo of Kevin Croft, #4 Exhibit Ex 4, Depo of Travis Kinder, #5 Exhibit Ex 5, Depo of Marvin Scherler, #6 Exhibit Ex 6, Depo of Doug Scherler, #7 Exhibit Ex 7, Depo of Jarvis Kinder, #8 Exhibit Ex 8, Depo of Ryan Scherler)(McGuire, Kent) |
| Filing 57 Expert Witness List by Plaintiffs Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (McGuire, Kent) |
| Filing 56 MOTION for Summary Judgment and Brief in Support by Bayer Cropscience LP. (Attachments: #1 Exhibit 1 - Deposition of Stan Scherler, Vol. I, #2 Exhibit 2-Deposition of Doug Scherler Vol. I, #3 Exhibit 3-Deposition of Marvin Scherler, Vol. I, #4 Exhibit 4-Deposition of Jarvin Kinder Vol. I, #5 Exhibit 5-Deposition of Travis Kinder Vol. I, #6 Exhibit 6-Deposition of Jerry Krasser, #7 Exhibit 7-Deposition of Ryan Scherler, #8 Exhibit 8-Deposition of Charlie Swanson, #9 Exhibit 9-Deposition of Stan Scherler Vol. II, #10 Exhibit 10-Deposition of Doug Scherler Vol. II, #11 Exhibit 11-Deposition of Jarvis Kinder Vol. II, #12 Exhibit 12-Deposition of Marvin Scherler Vol. II, #13 Exhibit 13 - Affidavit of Pam Houston, #14 Exhibit 14-Olympus Flex Label)(Fischer, Amy) |
| Filing 55 Minute Entry for proceedings held before Honorable Stephen P. Friot: Discovery Hearing held on 2/9/2010. Ct hears from parties re plfs' compliance with #52 12/30/09 Order for production. Ct determines there is nothing further for it to do at this time, but that this leaves open the possibility of an adverse inference instruction. Ct states that, if any plfs have failed to preserve electronically stored info relevant to this case, that may have consequences. Ct suggests that plf Stan Scherler may want obtain an archival copy of the data on his hard drive before any more time passes. Counsel for dft requests leave to redepose plf Stan Scherler in light of the fact that Mr. Scherler did not produce his weight tickets until the day after his depo. Dft will be allowed to redepose plf Stan Scherler. (Court Reporter Tracy Washbourne.) (llg) |
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Filing 54
ORDER resetting hearing re compliance with #52 Order on Motion to Compel. Hearing reset for 2/9/2010 05:00 PM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 1/25/10. (llg)
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Filing 53
ORDER resetting hearing re compliance with #52 Order on Motion to Compel. Hearing reset for 2/3/2010 08:30 AM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 1/22/10. (llg)
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Filing 52
ORDER granting #44 Motion to Compel. Signed by Honorable Stephen P. Friot on 12/30/2009. (kr, )
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| Filing 51 REPLY to Response to Motion re #44 MOTION to Compel Discovery Responses and Motion for Leave to Re-Depose Plaintiffs filed by Bayer Cropscience LP. (Attachments: #1 Exhibit 1 - Soil Test Reports)(Fischer, Amy) |
| Filing 50 RESPONSE in Opposition re #44 MOTION to Compel Discovery Responses and Motion for Leave to Re-Depose Plaintiffs filed by all plaintiffs. (McGuire, Kent) |
| Filing 49 NOTICE to Take Deposition of Kevin Croft by all plaintiffs. (McGuire, Kent) |
| Filing 48 NOTICE to Take Deposition of Pam Houston by all plaintiffs. (McGuire, Kent) |
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Filing 47
ORDER Setting Hearing on #44 Defendant's MOTION to Compel Discovery Responses and Motion for Leave to Re-Depose Plaintiffs: Motion Hearing set for 12/22/2009 02:00 PM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 11/3/09. (llg)
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| Filing 46 SUPPLEMENT re #45 Brief,,,, by Bayer Cropscience LP. (Attachments: #1 Attachment Table of Contents and Table of Authorities)(Fischer, Amy) |
| Filing 45 BRIEF IN SUPPORT re #44 MOTION to Compel Discovery Responses and Motion for Leave to Re-Depose Plaintiffs by Bayer Cropscience LP. (Attachments: #1 Exhibit 1, part 1 - Discovery requests to plaintiffs, #2 Exhibit 1 - part 2, discovery requests to Plaintiff, #3 Exhibit Ex 1, part 3 - discovery requests to plaintiffs, #4 Exhibit Ex. 2, part 1 - Plaintiffs discovery responses, #5 Exhibit Ex. 2, part 2 - plaintiffs discovery responses, #6 Exhibit Ex. 3 - correspondence dates May 27, 2009, #7 Exhibit Ex. 4 - correspondence dated May 29, 2009, #8 Exhibit Ex. 5 - Correspondence dated June 1, 2009, #9 Exhibit Ex. 6 - correspondence dated June 9, 2009, #10 Exhibit Ex. 7 - correspondence dated August 24, 2009, #11 Exhibit Ex. 8 - correspondence dated September 30, 2009, #12 Exhibit Ex. 9 - deposition of Doug Scherler, #13 Exhibit Ex. 10 - deposition of Jarvis Kinder, #14 Exhibit Ex. 11 - Deposition of Marvin Scherler, #15 Exhibit Ex. 12 - deposition of Travis Kinder)(Fischer, Amy) |
| Filing 44 MOTION to Compel Discovery Responses and Motion for Leave to Re-Depose Plaintiffs by Bayer Cropscience LP. (Fischer, Amy) |
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Filing 43
SCHEDULING ORDER: Motions to join due 2/1/10; Motions to amend due 2/1/10; Pla expert witness list and expert reports due 3/20/10; Dft expert witness list and expert reports due 20 days t/a; Pla witness list due 4/10/10; Dft witness list due 10 days t/a; Pla exhibit list due 4/10/10; Dft exhibit list due 10 days t/a; Motions in limine due 7/23/10; Jury instructions due 7/23/10; Voir dire requests due 7/23/10; Trial briefs due 7/23/10; Discovery due by 7/15/2010. Jury Trial set for 8/9/2010 09:30 AM in Courtroom 305 before Honorable Stephen P. Friot. Dispositive & Daubert Motions due by 5/1/2010. Pretrial Report due by 7/23/2010. Entered at the direction of Honorable Stephen P. Friot on 10/8/09. (llg)
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| Filing 42 ENTER ORDER. Special Status/Scheduling Conference set for 10/8/2009 08:45 AM in Chambers before Honorable Stephen P. Friot. Entered at the direction of Honorable Stephen P. Friot on 9/30/09. (llg) |
| Filing 41 NOTICE of Subpoena by Bayer Cropscience LP (Attachments: #1 Exhibit 1 - Subpoena)(Fischer, Amy) |
| Filing 40 NOTICE of Subpoena by Bayer Cropscience LP for Production of Documents (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 1 - Subpoena, #3 Exhibit 1 - Subpoena, #4 Exhibit 1 - Subpoena, #5 Exhibit 1 - Subpoena, #6 Exhibit 1 - Subpoena, #7 Exhibit 1 - Subpoena, #8 Exhibit 1 - Subpoena)(Fischer, Amy) |
| Filing 39 ENTRY of Appearance by James A Belote on behalf of all plaintiffs (Belote, James) |
| Filing 38 NOTICE (other) by Ryan Scherler, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Bayer Cropscience LP, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler of Stipulated Protective Agreement (Fischer, Amy) |
| Filing 37 NOTICE to Take Deposition of Michelle Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 36 NOTICE to Take Deposition of Trecyl Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 35 NOTICE to Take Deposition of Travis Kinder by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 34 NOTICE to Take Deposition of Stan Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 33 NOTICE to Take Deposition of Sondra Kinder by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 32 NOTICE to Take Deposition of Ryan Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 31 NOTICE to Take Deposition of Phyllis Kinder by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 30 NOTICE to Take Deposition of Marvin Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 29 NOTICE to Take Deposition of Kim Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 28 NOTICE to Take Deposition of Jarvis Kinder by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 27 NOTICE to Take Deposition of Doug Scherler by Bayer Cropscience LP. (Fischer, Amy) |
| Filing 26 NOTICE of Subpoena by Ryan Scherler, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler (Attachments: #1 Exhibit Subpoenas)(McGuire, Kent) |
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Filing 25
ORDER FOR DISMISSAL WITHOUT PREJUDICE re #24 Joint Stipulation of Dismissal Without Prejudice as to Plaintiff Phillip Kerr. This case is dismissed w/o prej as to Phillip Kerr only, w/each party bearing its own costs & atty fees. All other claims remain pending. Signed by Honorable Stephen P. Friot on 7/29/09. (llg)
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| Filing 24 STIPULATION of Dismissal without Prejudice as to Plaintiff Phillip Kerr Only by Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Bayer Cropscience LP, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (Fischer, Amy) |
| NOTICE from the Court re #24 Stipulation of Dismissal Without Prejudice as to Plaintiff Phillip Kerr. Counsel are DIRECTED, in future filings, to comply w/LCvR7.1(d) - For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type.... Failure to comply in the future may result in filings being stricken. (llg) |
| Filing 23 NOTICE of Subpoena by Bayer Cropscience LP (Attachments: #1 Exhibit 1 - Subpoenas)(Fischer, Amy) |
| Filing 22 AMENDED SCHEDULING ORDER granting #21 JOINT APPLICATION to Extend Deadlines: Pla expert witness list and expert reports due 10/20/09; Dft expert witness list and expert reports due 20 days t/a; Pla witness list due 11/10/09; Dft witness list due 10 days t/a; Pla exhibit list due 11/10/09; Dft exhibit list due 10 days t/a; Dispositive & Daubert Motions due 12/1/09; Discovery due 2/15/10; Motions in limine due 2/19/10; Jury instructions due 2/19/10; Voir dire requests due 2/19/10; Trial briefs due 2/19/10; Pretrial Report due 2/19/10; Jury Trial set for 3/8/2010 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 7/7/09. (llg) |
| Filing 21 JOINT MOTION for Extension of Time by Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Bayer Cropscience LP, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler. (Fischer, Amy) |
| Filing 20 ANSWER to #19 Amended Complaint by Bayer Cropscience LP.(Fischer, Amy) |
| Filing 19 AMENDED COMPLAINT Second against all defendants, filed by all plaintiffs.(McGuire, Kent) |
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Filing 18
ORDER granting #16 Application for Admission Pro Hac Vice. James L Moore is admitted to practice before this ct for the ltd purpose of participating in this case on behalf of dft, provided he submits an ECF registration form & files an entry of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 4/15/09. (llg)
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| Filing 17 Receipt for Money Received from Bayer Cropscience LP in the amount of $50.00, receipt number 1340 regarding #16 MOTION for Leave to Appear Pro Hac Vice of James Moore (kw, ) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice of James Moore by Bayer Cropscience LP. (Attachments: #1 Exhibit 1, Request for Admission Pro Hac Vice)(Fischer, Amy) |
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Filing 15
SCHEDULING ORDER: Motions to join due 5/7/09; Motions to amend due 5/7/09; Pla expert witness list and expert reports due 8/20/09; Dft expert witness list and expert reports due 20 days t/a; Pla witness list due 9/10/09; Dft witness list due 10 days t/a; Pla exhibit list due 9/10/09; Dft exhibit list due 10 days t/a; Motions in limine due 12/22/09; Jury instructions due 12/22/09; Voir dire requests due 12/22/09; Trial briefs due 12/22/09; Discovery due by 12/15/2009. Jury Trial set for 1/11/2010 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Dispositive & Daubert Motions due by 10/1/2009. Pretrial Report due by 12/22/2009. Plfs granted until 5/7/09 to file a second amended complaint providing clarified allegations as to the citizenship of constituents of dft. Any mtns for separate trials under Rule 42(b) due 10/1/09. Rule 26(a)(2) reports of any retained experts (i) shall be prepared & submitted by ddls set forth herein, (ii) shall be rendered on the basis of all of the testing, sampling, experimentation & investigation considered by said experts to be necessary in this case, & (iii) shall state, definitively & in detail, the experts' findings & conclusions, & the factual bases for those findings & conclusions. Counsel would be well-advised to read Dixie Steel Erectors v. Grove US LLC, 2005 WL 3558663 (W.D. Okla. 2005). Entered at the direction of Honorable Stephen P. Friot on 4/7/09. (llg)
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| Set/Reset Deadlines: Second Amended Complaint due by 5/7/2009. (llg) |
| Filing 14 JOINT STATUS REPORT by Plaintiffs Ryan Scherler, Phillip Kerr, Jarvis Kinder, Sondra Kinder, Travis Kinder, Doug Scherler, Phillis Kinder, Trecyl Scherler, Michelle Scherler, Marvin Scherler, Stan Scherler, Kim Scherler, Defendant Bayer Cropscience LP, Intervenor Attorney General of the State of Oklahoma. (McGuire, Kent) |
| Filing 13 NOTICE (other) by Attorney General of the State of Oklahoma re #11 Order, Acknowledging Receipt of Constitutional Challenge and Declining to Intervene (Boughton, Scott) |
| Filing 12 LETTER from Deputy Clerk Lori Gray to Attorney General of the State of Oklahoma. (llg) |
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Filing 11
ORDER certifying question to Attorney General of the State of Oklahoma re #9 Notice of Constitutional Question filed by Bayer Cropscience LP. The Attorney General may intervene in this action w/i 60 days of this date. Signed by Honorable Stephen P. Friot on 3/3/09. (llg)
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| Filing 10 STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 4/7/2009 02:45 PM in Chambers before Honorable Stephen P. Friot. Status Report due by 4/2/2009. (llg) |
| Filing 9 NOTICE (other) by Bayer Cropscience LP of Constitutional Question (Attachments: #1 Exhibit Answer)(Fischer, Amy) |
| Filing 8 ANSWER to #5 Amended Complaint by Bayer Cropscience LP.(Fischer, Amy) |
| Filing 7 ENTRY of Appearance by Amy Sherry Fischer on behalf of Bayer Cropscience LP (Fischer, Amy) |
| Filing 6 ENTRY of Appearance by Larry D Ottaway on behalf of Bayer Cropscience LP (Ottaway, Larry) |
| Filing 5 AMENDED COMPLAINT against all defendants, filed by all plaintiffs.(McGuire, Kent) |
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Filing 4
ORDER re #1 Complaint. Plfs are GRANTED leave to file, within 15 days of the date of this order, an amended complaint alleging all necessary facts in support of jurisdiction. If the information is not known or cannot be provided based on plfs' best information and belief, then plfs are excused from filing an amended complaint but, in that event, they shall file a notice stating that jurisdictional facts are unknown. In that case, the matter of the parties' respective states of citizenship will be taken up at a later date, but not later than at any status and scheduling conference which might be scheduled. Signed by Honorable Stephen P. Friot on 1/29/09. (lb)
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| Filing 3 Receipt for Money Received from Kent R McGuire PC in the amount of $350.00, Receipt #131952. (lb) |
| Filing 2 ENTRY of Appearance by Kent R McGuire on behalf of all plaintiffs (McGuire, Kent) |
| Filing 1 COMPLAINT.(Attachments: #1 Civil Cover Sheet)(lb) |
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