McElrath v. Monsanto Company
Plaintiff: Luuana McElrath
Defendant: Bayer CropScience LP, Monsanto Company, Bayer Corporation and Bayer Corporation doing business as Bayer USA
Case Number: 3:2020cv03822
Filed: June 11, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2020 Filing 40 ANSWER to Amended Complaint byMonsanto Company. (Hollingsworth, Joe) (Filed on 7/16/2020)
July 16, 2020 Filing 39 Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 7/16/2020)
July 16, 2020 Filing 38 Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 7/16/2020)
July 2, 2020 Filing 37 FIRST AMENDED COMPLAINT against Monsanto Company. Filed by Luuana McElrath. (Ferraro, Jr., James) (Filed on 7/2/2020) Modified on 7/8/2020 (slhS, COURT STAFF).
June 11, 2020 Filing 36 Case transferred in from District of Florida Southern; Case Number 1:20-cv-20776. Original file certified copy of transfer order and docket sheet received.
June 11, 2020 MEMBER CASE OPENED: Southern District of Florida, 1:20-cv-20776, McElrath v. Bayer Corporation et al, Opened in California Northern District as 3:20-cv-3822-VC pursuant to Conditional Transfer Order #35 cc: JPMDL (slhS, COURT STAFF) (Filed on 6/11/2020)
June 8, 2020 Filing 35 CONDITIONAL TRANSFER ORDER (CTO-213) transferring case to the Northern District of California re: MDL 2741 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Vince Chhabria. (Signed by John W. Nichols, Clerk of the Panel). (mc)
June 5, 2020 Opinion or Order Filing 34 FINAL TRANSFER ORDER TO MULTIDISTRICT COURT. Signed by Judge Federico A. Moreno on 6/5/2020. See attached document for full details. (mmd)
June 4, 2020 Filing 33 Courtesy Copy of CONDITIONAL TRANSFER ORDER (CTO-213) transferring case to the Northern District of California re: MDL 2741 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Vince Chhabria. (Signed by John W. Nichols, Clerk of the Panel). (Awaiting certified copy from the transferee court). (mc)
May 29, 2020 Opinion or Order Filing 32 ORDER CLOSING CASE FOR STATISTICAL PURPOSES AND PLACING MATTER IN CIVIL SUSPENSE FILE. Closing Case. Signed by Judge Federico A. Moreno on 5/29/2020. See attached document for full details. (mmd)
May 26, 2020 Filing 31 Clerks Notice to Filer re #24 Summons Returned Executed, #25 Summons Returned Executed. Incorrect Parties Selected; ERROR - The Filer selected the incorrect parties as served. The correction was made by the Clerk and filings were re-docketed, see [de#29-30]. It is not necessary to refile these documents. (ls)
May 26, 2020 Filing 28 Clerks Notice to Filer re #23 Summons Returned Executed. Incorrect Party Selected; ERROR - The Filer selected the incorrect party as served. The correction was made by the Clerk and filing was re-docketed, see [de#27]. It is not necessary to refile this document. (ls)
May 26, 2020 Filing 26 Clerks Notice to Filer re #22 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
May 25, 2020 Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. Monsanto Company served on 5/14/2020, answer due 6/4/2020. (ls)(See Image at DE #25 )
May 25, 2020 Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. Bayer CropScience LP served on 5/14/2020, answer due 6/4/2020. (ls)(See Image at DE #24 )
May 25, 2020 Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. Bayer Corporation served on 5/14/2020, answer due 6/4/2020. (ls)(See Image at DE #23 )
May 25, 2020 Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. (Kuczenski, David)
May 25, 2020 Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. (Kuczenski, David)
May 25, 2020 Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. Luuana McElrath served on 5/13/2020, answer due 6/3/2020. (Kuczenski, David)
May 25, 2020 Filing 22 NOTICE of Striking #20 SUMMONS (Affidavit) Returned Executed by Luuana McElrath (Kuczenski, David) Modified Link on 5/26/2020 (ls).
May 18, 2020 Filing 21 Clerks Notice to Filer re #20 Summons Returned Executed,. Document and Event Selected Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct document(s). (ls)
May 16, 2020 Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luuana McElrath. Bayer Corporation served on 5/14/2020, answer due 6/4/2020; Bayer CropScience LP served on 5/14/2020, answer due 6/4/2020; Monsanto Company served on 5/14/2020, answer due 6/4/2020. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(Kuczenski, David)
May 13, 2020 Filing 19 Summons Issued as to Monsanto Company. (ls)
May 13, 2020 Filing 18 Summons Issued as to Bayer CropScience LP. (ls)
May 13, 2020 Filing 17 Summons Issued as to Bayer Corporation. (ls)
May 12, 2020 Filing 16 NOTICE of Filing Proposed Summons(es) Monsanto Corporation by Luuana McElrath (Kuczenski, David)
May 12, 2020 Filing 15 NOTICE of Filing Proposed Summons(es) Bayer CropScience LP by Luuana McElrath (Kuczenski, David)
May 12, 2020 Filing 14 NOTICE of Filing Proposed Summons(es) Bayer Corporation by Luuana McElrath re #1 Complaint filed by Luuana McElrath (Kuczenski, David)
May 11, 2020 Opinion or Order Filing 13 ORDER TO SHOW CAUSE. Signed by Judge Federico A. Moreno on 5/11/2020. See attached document for full details. (mmd)
April 8, 2020 Filing 12 Clerks Notice of Docket Correction re #11 Order on Motion to Appear Pro Hac Vice. Copy of correct document attached for counsel and to #11 Order. (sk)
April 8, 2020 Opinion or Order Filing 11 ORDER denying as moot #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Paul K. Schrier. Signed by Judge Federico A. Moreno on 4/8/2020. See attached document for full details. (mmd) Modified text/status per Chambers on 4/8/2020 (sk). (Additional attachment(s) added on 4/8/2020: #1 Order Denying Motion Appear PHV) (sk).
March 3, 2020 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul K Schrier. Filing Fee $ 200.00 Receipt # AFLSDC-12547812 by Luuana McElrath. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kuczenski, David)
March 3, 2020 Filing 9 NOTICE of Compliance by Luuana McElrath re #7 Order to Show Cause (Kuczenski, David)
February 28, 2020 Filing 8 NOTICE of Attorney Appearance by David Scott Kuczenski on behalf of Luuana McElrath. Attorney David Scott Kuczenski added to party Luuana McElrath(pty:pla). (Kuczenski, David)
February 26, 2020 Opinion or Order Filing 7 ORDER TO SHOW CAUSE. Signed by Judge Federico A. Moreno on 2/26/2020. See attached document for full details. (mmd)
February 24, 2020 Filing 6 Clerks Notice of Receipt of Filing Fee received on 2/24/2020 in the amount of $ 400.00, receipt number FLS100203943. (vt)
February 24, 2020 Filing 5 Bar Letter re: Admissions sent to attorney Paul K. Schrier, mailing date February 24, 2020, (pt)
February 24, 2020 Filing 4 CLERK'S NOTICE that attorney David Scott Kuczenski has not been added to this case re #1 Complaint. For further information, please contact Attorney Admissions at 305-523-5265. (pt)
February 24, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and pay the correct fees of $400.00 within 24 hours of this notice. (jc)
February 21, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc)
February 21, 2020 Filing 1 COMPLAINT against Bayer Corporation, Bayer CropScience LP, Monsanto Company. Filing fees $ 400.00 (NOT PAID/NO IFP FILED), filed by Luuana McElrath. (Attachments: #1 Civil Cover Sheet)(jc)

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Plaintiff: Luuana McElrath
Represented By: Paul Kevin Schrier
Represented By: David Scott Kuczenski
Represented By: James L. Ferraro, Jr., Esq.
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Defendant: Bayer CropScience LP
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Defendant: Monsanto Company
Represented By: Joe G. Hollingsworth
Represented By: Eric G. Lasker
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Defendant: Bayer Corporation
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Defendant: Bayer Corporation doing business as Bayer USA
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