Koen, et al. v. Monsanto Company
| SALLY KOEN and WILLIAM KOEN |
| MONSANTO COMPANY |
| R. BRENT WISNER, ATTORNEY, MICHAEL BAUM, MANAGING SENIOR COUNSEL, MICHAEL J. MILLER, ATTORNEY, CURTIS HOKE, ROBIN LYNN GREENWALD, YVONNE M. FLAHERTY, KYLE POZAN, JENNIFER A. MOORE, AIMEE WAGSTAFF and LORI ERIN ANDRUS, ATTORNEY |
| MICHAEL MILLER, ATTORNEY |
| 25-2764 |
| April 29, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 31 TEXT ORDER FILED. The motion (Docket Entry No. 31) for an extension of time to file the consolidated answering brief is granted. The consolidated answering brief is due November 17, 2025. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-2762, 25-2764, 25-2766] [Entered: 10/24/2025 04:48 PM] |
| Filing 30 MOTION to Extend Time to File Brief filed by Appellee Robin Lynn Greenwald. [25-2762, 25-2764, 25-2766] [Entered: 10/23/2025 01:09 PM] |
| Filing 29 Streamlined Request for Extension of Time to File Brief filed by Appellee Robin Lynn Greenwald. [25-2762, 25-2764, 25-2766] [Entered: 09/17/2025 02:19 PM] |
| Filing 28 Paper copies (6) of Opening Brief submitted at DE 24 by Appellants Sally Koen and William Koen received. [25-2762, 25-2764, 25-2766] [Entered: 09/08/2025 01:01 PM] |
| Filing 27 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 25 by Appellants Sally Koen and William Koen received. [25-2762, 25-2764, 25-2766] [Entered: 09/08/2025 12:59 PM] |
Filing 26
ORDER FILED. Opening Brief submitted at DE 24 by Appellants Sally Koen and William Koen is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 25 by Appellants Sally Koen and William Koen are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-2762, 25-2764, 25-2766] [Entered: 09/03/2025 03:22 PM]
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| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellant Sally Koen, Appellant William Koen. [25-2762, 25-2764, 25-2766] [Entered: 09/02/2025 01:55 PM] |
| Filing 24 OPENING BRIEF submitted for filing by Appellant Sally Koen, Appellant William Koen. [25-2762, 25-2764, 25-2766] [Entered: 09/02/2025 01:53 PM] |
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Filing 23
ORDER FILED. The motion (Docket Entry No. 20) for an extension of time to file the opening brief is granted. The consolidated opening brief is due September 2, 2025. The consolidated answering brief is due October 2, 2025. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-2762, 25-2764, 25-2766] [Entered: 08/18/2025 11:45 AM]
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| Filing 22 ADDED Counsel for Appellant Scott Martin Hendler [25-2762, 25-2764, 25-2766] [Entered: 08/13/2025 09:27 AM] |
| Filing 21 NOTICE OF APPEARANCE by Scott Martin Hendler for Appellant Sally Koen, Appellant William Koen. [25-2762, 25-2764, 25-2766] [Entered: 08/12/2025 06:37 PM] |
| Filing 20 MOTION to Extend Time to File Brief filed by Appellant Sally Koen, Appellant William Koen. [25-2762, 25-2764, 25-2766] [Entered: 08/12/2025 07:31 AM] |
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Filing 19
ORDER FILED. The motion (Docket Entry No. 16 in No. 25-2762) to consolidate is granted. Appeal Nos. 25-2762, 25-2764, and 25-2766 are consolidated. The parties must include all case numbers on all future filings. The consolidated opening brief is due August 18, 2025. The consolidated answering brief is due September 17, 2025. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-2762, 25-2764, 25-2766] [Entered: 07/18/2025 04:11 PM]
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Filing 18
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 17) granted. Amended briefing schedule: Opening Brief Due (Appellant) 8/18/2025, Answering Brief Due (Appellee) 9/17/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/09/2025 01:59 PM]
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| Filing 17 Streamlined Request for Extension of Time to File Brief filed by Appellant Sally Koen, Appellant William Koen. [Entered: 07/09/2025 08:16 AM] |
| Filing 16 MOTION to Consolidate filed by Appellant Sally Koen, Appellant William Koen. [Entered: 07/05/2025 11:02 AM] |
| Filing 15 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [25-2762, 25-2764, 25-2766] [Entered: 06/04/2025 11:41 AM] |
| Filing 14 ADDED Counsel for Appellee R. Brent Wisner (court correction). [Entered: 05/21/2025 09:31 AM] |
| Filing 13 MEDIATION STATUS REPORT DUE. Mediation Appellee Status Report due (Appellee Robin Greenwald only) 5/20/2025. See order for instructions and details. MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 05/30/2025, 10:00 a.m. PACIFIC Time. Each participant will receive an email with dial-in information. [25-2762, 25-2764, 25-2766] [Entered: 05/16/2025 03:58 PM] |
| Filing 12 ADDED Counsel for Appellee Benjamin Gillig [Entered: 05/13/2025 02:37 PM] |
| Filing 11 ADDED Counsel for Appellee Robert Quigley [Entered: 05/13/2025 02:36 PM] |
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Filing 10
ORDER FILED. In addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over this appeal. See Weston Fam. Pship LLLP v. Twitter, Inc., 29 F.4th 611, 618 (9th Cir. 2022) (A decision is final under 1291 if it (1) is a full adjudication of the issues, and (2) clearly evidences the judges intention that it be the courts final act in the matter. (quoting Disabled Rts. Action Comm. v. Las Vegas Events, Inc., 375 F.3d 861, 870 (9th Cir. 2004)); In re Bard IVC Filters Prod. Liab. Litig., 81 F.4th 897, 905-06 (9th Cir. 2023) (addressing finality of orders assessing holdback on recoveries to establish common benefit fund and denying request for exemptions from holdback assessments). The existing briefing schedule remains in effect. [Entered: 05/13/2025 01:18 PM]
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| Filing 9 NOTICE OF APPEARANCE by Benjamin Gillig for Appellee Aimee H. Wagstaff. [Entered: 05/13/2025 11:19 AM] |
| Filing 8 NOTICE OF APPEARANCE by Robert Quigley for Appellee Robin Lynn Greenwald. [Entered: 05/12/2025 05:58 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/16/2025, 11:00 a.m. PACIFIC Time. The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone assessment conference with counsel on the date and time indicated above. Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at [email protected]. Also, please notify Circuit Mediator Jonathan Westen immediately by email ([email protected]) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the conference are confidential. See Cir. R. 33-1. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. The briefing schedules previously set by the court remain in effect. (SEE ORDER FOR FULL TEXT) [25-2762, 25-2764, 25-2766] [Entered: 05/08/2025 03:10 PM] |
| Filing 6 TERMINATED participation of Appellee Michael J. Miller. [COURT UPDATE: at case opening, court added incorrect Michael Miller to docket; updating docket] [Entered: 05/07/2025 03:34 PM] |
| Filing 5 TERMINATED participation of Counsel for Appellee Michael J. Miller, representing Appellee Curtis G. Hoke, Appellee Michael J. Miller. [COURT UPDATE: at case opening, incorrect Michael Miller added to docket; updating docket] [Entered: 05/07/2025 03:29 PM] |
| Filing 4 ADDED Appellant Michael Miller [COURT UPDATE: at case opening, incorrect Michael Miller added to docket; updating docket to add correct Michael Miller] [Entered: 05/07/2025 03:28 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Sally Koen, Appellant William Koen. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 05/05/2025 01:55 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/5/2025, Appeal Transcript Order Due (Appellant) 5/8/2025, Appeal Transcript Due (Appellant) 6/9/2025, Appeal Opening Brief Due (Appellant) 7/17/2025, Appeal Answering Brief Due (Appellee) 8/18/2025. For appeal no. 25-2764, 3:16-md-02741-VC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [COURT UPDATE; resending case openign information to correct Michael Miller and Curtis Hoke] [Entered: 04/29/2025 04:21 PM] [Edited: 05/07/2025 03:30 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:16-md-02741-VC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-2764 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/29/2025 04:19 PM] |
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