Giglio v. Monsanto Company et al
| Emanuel Richard Giglio |
| Monsanto Company and John Does 1-50 |
| 3:2015cv02279 |
| October 9, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barry Ted Moskowitz |
| Nita L. Stormes |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
54
ORDER Granting Defendant's 51 Motion to Bifurcate Discovery. The parties shall lodge an amended discovery plan consistent with this order by 8/10/2016. A telephonic case management conference is set for 8:30 a.m. on 8/17/2016. Signed by Magistrate Judge William V. Gallo on 8/2/2016. (rlu)
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Filing
37
ORDER Granting in part and Denying in part 10 Motion to Dismiss. Defendant's motion to dismiss (Doc. 10 ) is Granted in part and Denied in part. The Court Denies Defendant's motion as to Plaintiff's claims for failure to warn the public and non-warnings design defect claims, but Grants the motion as to Plaintiff's claims for failure to warn the EPA, negligent misrepresentation claim, and express warranty claim. These claims are Dismissed for failure to state a claim. The Court grants Plaintiff leave to file an amended complaint which cures the deficiencies identified above. The amended complaint must be filed within 20 days of the entry of this Order. Signed by Judge Barry Ted Moskowitz on 4/29/2016. (rlu)
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