Fleischhauer, et al. v. Monsanto Company
| DIETER FLEISCHHAUER and ROBIN HAYES |
| MONSANTO COMPANY |
| 25-7192 |
| November 14, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
Docket Report
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This docket was last retrieved on February 20, 2026. A more recent docket listing may be available from PACER.
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| Filing 9 MANDATE ISSUED Barry G. SILVERMAN, Richard A. PAEZ, Holly A. THOMAS. The judgment of this Court, entered 1/29/2026, takes effect this date. [Entered: 02/20/2026 09:36 AM] |
Filing 8
ORDER FILED. (Barry G. SILVERMAN, Richard A. PAEZ, Holly A. THOMAS) The court has received the response to the November 24, 2025 order. The court lacks jurisdiction over this appeal, because a district court order is not appealable unless it disposes of all claims as to all parties. Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008); see also 28 U.S.C. 1291; Van Dusen v. Swift Transportation Co. Inc., 830 F.3d 893, 896 (9th Cir. 2016) (A ruling is final for purposes of 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 Natl Distrib. Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir. 1997))). DISMISSED. [Entered: 01/29/2026 03:19 PM]
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| Filing 7 RESPONSE to Order - Order to Show Cause (OSC) (DE 3) filed by Appellant Dieter Fleischhauer, Appellant Robin Hayes. [Entered: 12/16/2025 06:21 PM] |
| Filing 6 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. [Entered: 12/12/2025 09:04 AM] |
| Filing 5 MEDIATION ORDER: By 12/9/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 12/02/2025 04:13 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Dieter Fleischhauer, Appellant Robin Hayes. 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: 11/25/2025 11:02 AM] |
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Filing 3
ORDER FILED. A district courts order is not appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellants must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellants do not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellants file a statement, appellee may file a response within 10 days. Briefing is stayed. [Entered: 11/24/2025 01:50 PM]
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| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/19/2025, Appeal Transcript Order Due (Appellant) 11/24/2025, Appeal Transcript Due (Appellant) 12/24/2025, Appeal Opening Brief Due (Appellant) 2/4/2026, Appeal Answering Brief Due (Appellee) 3/4/2026. For appeal no. 25-7192, 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. [Entered: 11/14/2025 01:54 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 25-7192 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: 11/14/2025 01:51 PM] |
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