Fazio v. Monsanto Company et al
| Joseph Fazio |
| Island Garden Center of Marco Island, Inc., SiteOne Landscape Supply, LLC and Monsanto Company |
| 3:2020cv01023 |
| February 10, 2020 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 CASE TRANSFERRED in from United States District Court for the Middle District of Florida (Ft. Myers); Case Number 2:19-cv-00826-JES-NPM. Original File Certified Copy of Transfer Order and Docket Sheet Received. |
| MEMBER CASE OPENED re 16-md-2741-VC: USDC, Middle District of Florida (Ft. Myers), 2;19-cv-00826-JES-NPM, Joseph Fazio v. Monsanto Company, Opened in California Northern District as 3:20-cv-01023-VC pursuant to Conditional Transfer Order (Dkt. No. 38) cc: JPMDL (tnS, COURT STAFF) (Filed on 2/10/2020) |
Filing 37
ORDER deeming withdrawn #15 Motion to Stay, denying #34 Motion for Reconsideration, and granting #35 Motion to Stay. The case is stayed pending a determination by the JPML on the transfer of this matter. Signed by Judge John E. Steele on 12/31/2019. (FWH)
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| Filing 36 RESPONSE in Opposition re #34 MOTION for Reconsideration re #30 Order on Motion to Remand to State Court filed by Monsanto Company. (Alvarez, Melissa) |
| Filing 35 Joint MOTION to stay All Further Proceedings Except on Plaintiff's Motion for Reconsideration of Remand Order by Monsanto Company, SiteOne Landscape Supply, LLC. (Alvarez, Melissa) |
| Filing 34 MOTION for Reconsideration re #30 Order on Motion to Remand to State Court by Joseph Fazio. (Attachments: #1 Exhibit)(Swiderski, Stanley) |
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Filing 33
ENDORSED ORDER granting #24 Monsanto Company's Motion for Leave to File Reply in Support of the Motion to Stay All Proceedings Pending JPML Ruling on Transfer to Multidistrict Litigation. Defendant may file a reply, not to exceed five (5) pages on or before December 18, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 12/11/2019. (HAP)
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Filing 32
ENDORSED ORDER denying without prejudice #6 Plaintiff's Motion for Leave to File an Amended Complaint to Add a Claim for Punitive Damages Against Co-Defendant Monsanto, Co. The motion for leave was filed prior to removal and was therefore based on state law. Plaintiff may file a timely motion for leave consistent with the Federal Rules of Civil Procedure and this Court's Local Rules. Signed by Magistrate Judge Nicholas P. Mizell on 12/10/2019. (HAP)
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Filing 31
ENDORSED ORDER denying without prejudice #7 #8 #9 the Verified Motions for Admission to Appear Pro Hac Vice. Pursuant to Rule 2.02(a), Plaintiff's motions do not indicate whether attorneys Vance Andrus, David Wool and Kathyrn Forgie are "member[s] in good standing of the bar of any District Court of the United States." The motions are also DENIED without prejudice for failing to comply with Local Rule 3.01(g). Signed by Magistrate Judge Nicholas P. Mizell on 12/10/2019. (HAP)
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Filing 30
ORDER denying #11 Motion to Remand to State Court. Signed by Judge John E. Steele on 12/10/2019. (FWH)
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| Filing 29 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 12/23/2019. Signed by All Divisional Judges on 12/9/2019. (MLJ) |
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Filing 28
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/23/2019. Signed by Judge John E. Steele on 12/9/2019. (MLJ)
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| Filing 27 MEMORANDUM in opposition re #11 Motion to Remand to State Court, #14 Brief - Plaintiff and Request for Oral Argument - (corrected) filed by Monsanto Company. (Alvarez, Melissa) |
| Filing 26 MEMORANDUM in opposition re #11 Motion to Remand to State Court, #14 Brief - Plaintiff and Request for Oral Argument filed by Monsanto Company. (Alvarez, Melissa) |
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Filing 25
ENDORSED ORDER granting in part and denying in part #17 Defendant Monsanto Company's Motion for Extension of Time to Respond to Plaintiff's Motion for Leave to Amend Complaint. Defendant may respond within seven (7) days after the Court enters an Order on Plaintiff's Motion for Remand. Signed by Magistrate Judge Nicholas P. Mizell on 11/27/2019. (HAP)
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| Filing 24 MOTION for leave to file Reply in support of Motion to Stay by Monsanto Company. (Alvarez, Melissa) |
| Filing 23 ANSWER and affirmative defenses to #3 Complaint with Jury Demand (filed in State Court 5/3/19) by Island Garden Center of Marco Island, Inc..(MLS) |
| Filing 22 ANSWER and affirmative defenses to #3 Complaint with Jury Demand (filed in State Court 4/22/19) by SiteOne Landscape Supply, LLC.(MLS) |
| Filing 21 RESPONSE in Opposition re #17 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Amend/Correct #3 Complaint filed by Joseph Fazio. (Swiderski, Stanley) |
| Filing 20 NOTICE of filing in Support by Joseph Fazio re #19 Response in Opposition to Motion (Swiderski, Stanley) |
| Filing 19 RESPONSE in Opposition re #15 MOTION to stay All Proceedings Pending JPML Ruling on Transfer to Multidistrict Litigation filed by Joseph Fazio. (Swiderski, Stanley) |
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Filing 18
ENDORSED ORDER. Plaintiff is DIRECTED to respond to #17 Defendant Monsanto Company's Motion for Extension of Time to Respond to Plaintiff's Motion for Leave to Amend Complaint on or before November 27, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 11/25/2019. (HAP)
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Amend/Correct #3 Complaint by Monsanto Company. (Chatham, Asra) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 16 MEMORANDUM in support re #15 Motion to stay All Proceedings Pending JPML Ruling on Transfer to Multidistrict Litigation filed by Monsanto Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Alvarez, Melissa) |
| Filing 15 MOTION to stay All Proceedings Pending JPML Ruling on Transfer to Multidistrict Litigation by Monsanto Company. (Alvarez, Melissa) |
| Filing 14 Plaintiff's BRIEF re #11 First MOTION to remand to State Court filed by Joseph Fazio. (Attachments: #1 Exhibit Exhibits to Brief)(Quigley, Ryan) |
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Filing 13
ORDER taking under advisement #11 Motion to Remand to State Court; denying Request for Emergency Hearing. Plaintiffs shall file a supporting memorandum of legal authority within 7 days. Defendants shall file responses within 14 days of the filing of the memorandum of law. Signed by Judge John E. Steele on 11/15/2019. (RKR)
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| Filing 12 POSSIBLE MDL Tag Along case for MDL Case Number 2741, Information emailed to MDL Panel on 11/15/19, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Docket Sheet, #2 Complaint) (MLS) |
| Filing 11 First MOTION to remand to State Court by All Plaintiffs. (Quigley, Ryan) |
| Filing 10 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 11/15/2019. (MLS) |
| Filing 9 MOTION for Kathryn Forgie to appear pro hac vice by Joseph Fazio (filed in State Court 11/14/19). (MLS) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 8 MOTION for David Wool to appear pro hac vice by Joseph Fazio (filed in State Court 11/14/19). (MLS) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 7 MOTION for Vance Andrus to appear pro hac vice by Joseph Fazio (filed in State Court 10/29/19). (MLS) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 6 MOTION to Amend/Correct #3 Complaint by Joseph Fazio (filed in State Court 10/10/19). (Attachments: #1 Exhibit Proposed Amended Complaint)(MLS) |
| Filing 5 NOTICE to counsel Stanley G. Swiderski of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
| Filing 4 ANSWER and affirmative defenses to #3 Complaint with Jury Demand by Monsanto Company (filed in State Court 4/22/19).(MLS) |
| Filing 3 COMPLAINT against Island Garden Center of Marco Island, Inc., Monsanto Company, SiteOne Landscape Supply, LLC with Jury Demand (filed in State Court 3/29/19) filed by Joseph Fazio.(MLS) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:19-cv-826-FtM-29NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 2019-CA-1276 filed in State Court on 3/29/2019. Filing fee $ 400, receipt number 113A-16150279 filed by Monsanto Company. (Attachments: #1 State Court COMPLAINT Exhibit 1, #2 State Court ANSWER Exhibit 1, #3 State Court Pending Motions Exhibit 1, #4 State Court Docket Sheet Exhibit 1, #5 State Court Other Documents Exhibit 1, #6 Civil Cover Sheet State Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Federal Civil Cover Sheet, #11 Corporate Disclosure Statement)(Upshaw, Anthony) |
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