DeMarmels v. Monsanto Company et al
| Michael DeMarmels |
| Monsanto Company, Bayer Corporation and Bayer A.G. |
| 3:2022cv04406 |
| July 29, 2022 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Document Text |
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| Filing 20 Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. [ (Walker-Stubbs, Jennise) (Filed on 8/17/2022) |
| Filing 19 Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. [RE: Plaintiff Michael DeMarmels] (Walker-Stubbs, Jennise) (Filed on 8/17/2022) |
| Filing 18 ANSWER TO PLAINTIFFS COMPLAINT Defendant Monsanto Company's 284605[RE: Plaintiff Michael DeMarmels] by Monsanto Company. (Walker-Stubbs, Jennise) (Filed on 8/17/2022) Modified on 8/17/2022 (kmg, COURT STAFF). |
| Filing 17 Case transferred in from District of New York Southern; Case Number 7:22-cv-00221. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: re 16-cv-2741, New York Southern, 7:22cv00221, DeMarmels v. Monsanto Company et al, Opened in California Northern District as 22-cv-4406 pursuant to Conditional Transfer Order 343 cc: JPMDL (lsk, COURT STAFF) (Filed on 7/29/2022) |
| Filing 16 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of South Carolina. (Signed by MDL Panel on 7/15/2022) (vba) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of South Carolina (vba) |
Filing 15
NOTICE OF DISMISSAL AS TO CLAIMS AGAINST BAYER CORPORATION AND BAYER AG: Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), Plaintiff Michael DeMarmels hereby dismisses all of his claims against Bayer Corporation and Bayer AG without prejudice. Neither Bayer Corporation nor Bayer AG have answered or filed a motion for summary judgment, and this notice of dismissal is, therefore, "effective on filing." Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999); see also Steiner v. Atochem, S.A., No. 89 CIV.7990 (JFK), 2002 WL 1870322, at *4 (S.D.N.Y. Aug. 13 2002). APPLIVATION GRANTED SO ORDERED. The case is dismissed as to defendants Bayer Corporation and Bayer AG only. Bayer AG and Bayer Corporation terminated. (Signed by Judge Vincent L. Briccetti on 7/18/2022) (ate)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #14 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 14 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, without prejudice and without costs against the defendant(s) Bayer AG, Bayer Corporation. Document filed by Michael DeMarmels. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Blankowitz, Vilma) |
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Filing 13
ORDER granting in part and denying in part #12 Letter Motion for Extension of Time: It will not take 6-12 months to serve one of the world's largest pharmaceutical companies located in Germany. Plaintiff is granted an extension of time to serve Bayer AG until 7/15/2022. If for some reason plaintiff requires additional time to serve this defendant, he must make an application for a further extension of time prior to 7/15/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 12 FIRST LETTER MOTION for Extension of Time to serve complaint on Defendant Bayer AG addressed to Judge Vincent L. Briccetti from Vilma Blankowitz, Esq. dated April 15, 2022. Document filed by Michael DeMarmels. (Attachments: #1 Affidavit affidavit in support of motion for extension of time).(Blankowitz, Vilma) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Bayer Corporation served on 4/7/2022, answer due 4/28/2022. Service was accepted by Secretary of State: Sue Zouky, Legal Clerk. Document filed by Michael DeMarmels..(Blankowitz, Vilma) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Monsanto Company served on 4/7/2022, answer due 4/28/2022. Service was accepted by Secretary of State: Sue Zouky. Document filed by Michael DeMarmels..(Blankowitz, Vilma) |
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Filing 9
ORDER: Accordingly, pursuant to Rule 4(m), this action will be dismissed without prejudice unless, on or before April 19, 2022, plaintiff either: (i) files on the ECF docket proof of service, indicating all defendants were served on or before April 11, 2022; or (ii) shows good cause in writing for his failure to comply with Rule 4(m). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/12/2022) (mml)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vilma Blankowitz to RE-FILE Document No. #8 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on Summons PDF does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re: #1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/8/2022 (lal). |
| Filing 7 ELECTRONIC AMENDED SUMMONS ISSUED as to Bayer AG, Bayer Corporation, Monsanto Company..(pc) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re: #1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/7/2022 (pc). |
| Filing 5 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re: #1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/5/2022 (lal). Modified on 4/7/2022 (pc). |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Bayer AG, Bayer Corporation, Monsanto Company. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re: #1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Paul E. Davison 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Blankowitz, Vilma) |
| Filing 1 COMPLAINT against Bayer AG, Bayer Corporation, Monsanto Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-25565070)Document filed by Michael DeMarmels..(Blankowitz, Vilma) |
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