Uhland et al v. Agrigenetics, Inc. et al

Plaintiff: Patrick Hume, Saffer Farms, Tricounty Farms, Wood Farms, LLC, Roger Saffer, Big Flat Farms, 3WC Farms, LLC, North Fork Farms, Douglas Uhland, Timothy Hume and Mark Marsh
Defendant: Kaitlyn Lowe, Agrigenetics, Inc., Mycogen Seeds and Dow Agrosciences LLC
Case Number: 1:2018cv02562
Filed: October 5, 2018
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Kathleen M Tafoya
Nature of Suit: Tort Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on January 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2018 Opinion or Order Filing 45 MINUTE ORDER: The #34 Motion for Substituted Service and Extension of Time to Complete Service is granted in part. The deadline to serve Defendant Lowe is extended to 30 days after the court rules on the Motion to Remand. The Motion for Substituted Service is held in abeyance. By Magistrate Judge Kathleen M. Tafoya on 11/28/2018. Text Only Entry (kmtlc2)
November 28, 2018 Opinion or Order Filing 44 ORDER granting Defendants Dow AgroSciences LLC and Agrigenetics, Inc.'s Second Amended Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss Without Prejudice or, in the Alternative, Stay Action Pending Arbitration #43 . Moving Defendants are granted leave, for good cause shown, to file said Reply on or before December 14, 2018. SO ORDERED by Judge William J. Martinez on 11/28/2018. Text Only Entry (wjmsec, )
November 28, 2018 Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Attachments: #1 Proposed Order (PDF Only))(Farooqui, Megan)
November 28, 2018 Opinion or Order Filing 42 ORDER denying Defendants Dow AgroSciences LLC and Agrigenetics, Inc.'s First Amended Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss without Prejudice or, in the Alternative, Stay Action Pending Arbitration #41 . Defendants' counsel clearly were unable to read and comprehend the Court's prior Order at 40 . As a result, Defendants' Motion is ONCE AGAIN DENIED without prejudice to refiling given Defendants' counsel's failure to serve a copy of the Motion on their clients, as required by D.C.COLO.LCivR 6.1(c). Stating it for the second time: The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. If Defendants' counsel gets it wrong again, there will be no extension of time granted for this filing. SO ORDERED by Judge William J. Martinez on 11/28/2018. Text Only Entry (wjmsec, )
November 27, 2018 Filing 41 First MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Farooqui, Megan)
November 27, 2018 Opinion or Order Filing 40 ORDER denying Defendants Dow AgroSciences LLC and Agrigenetics, Inc.'s Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss without Prejudice or, in the Alternative, Stay Action Pending Arbitration #39 . Defendants' Motion is DENIED without prejudice to refiling given Defendants' counsel's failure to serve a copy of the Motion on their clients, as required by D.C.COLO.LCivR 6.1(c). The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 11/27/2018. Text Only Entry (wjmsec, )
November 26, 2018 Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Attachments: #1 Proposed Order (PDF Only) Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss without Prejudice or, in the alternative, stay action pending arbitration)(Farooqui, Megan)
November 26, 2018 Opinion or Order Filing 38 MINUTE ORDER: The Scheduling Conference set for 12/17/2018 is to be reset after a ruling on the motion to remand and/or the motion to substitute service. By Magistrate Judge Kathleen M. Tafoya on 11/26/2018. Text Only Entry (kmtlc2)
November 21, 2018 Filing 37 RESPONSE to #33 MOTION to Remand filed by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Farooqui, Megan)
November 16, 2018 Filing 36 RESPONSE to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion filed by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Attachments: #1 Exhibit Ex A to Opposition to Motion to Dismiss, #2 Exhibit Ex B to Opposition to Motion to Dismiss, #3 Exhibit Ex C to Opposition to Motion to Dismiss, #4 Exhibit Ex 1 to Decl. of Vandana Koelsch, #5 Exhibit Ex 2 to Decl. of Vandana Koelsch, #6 Exhibit Ex 3 to Decl. of Vandana Koelsch, #7 Exhibit Ex 4 to Decl. of Vandana Koelsch, #8 Exhibit Ex 5 to Decl. of Vandana Koelsch, #9 Exhibit Ex 6 to Decl. of Vandana Koelsch, #10 Exhibit Ex 7 to Decl. of Vandana Koelsch, #11 Exhibit Ex 8 to Decl. of Vandana Koelsch, #12 Exhibit Ex 9 to Decl. of Vandana Koelsch, #13 Exhibit Ex 10 to Decl. of Vandana Koelsch, #14 Exhibit Ex 11 to Decl. of Vandana Koelsch, #15 Exhibit Ex 12 to Decl. of Vandana Koelsch, #16 Exhibit Ex 13 to Decl. of Vandana Koelsch)(Koelsch, Vandana)
November 8, 2018 Filing 35 MEMORANDUM regarding #34 Unopposed MOTION for Extension of Time to Substitute Service and Complete Service filed by 3WC Farms, LLC, Mark Marsh, Douglas Uhland, Roger Saffer, Wood Farms, LLC, Patrick Hume, Timothy Hume. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 11/8/2018. Text Only Entry (wjmsec, )
November 8, 2018 Filing 34 Unopposed MOTION for Extension of Time to Substitute Service and Complete Service by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Koelsch, Vandana)
November 2, 2018 Filing 33 MOTION to Remand by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Koelsch, Vandana)
November 1, 2018 Opinion or Order Filing 32 ORDER granting Plaintiffs' Amended Unopposed Motion for Extension of Time #30 . Plaintiffs are granted leave, for good cause shown, to file their Response to Defendants' Motion to Dismiss on or before November 16, 2018. SO ORDERED by Judge William J. Martinez on 11/1/2018. Text Only Entry (wjmsec, )
November 1, 2018 Opinion or Order Filing 31 ORDER Setting Scheduling Conference for 12/17/2018 at 11:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 11/01/2018. (ksena)
October 31, 2018 Filing 30 Amended MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Koelsch, Vandana)
October 31, 2018 Opinion or Order Filing 29 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /31/2018. Text Only Entry (wjmsec, )
October 31, 2018 Opinion or Order Filing 28 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/31/2018. Text Only Entry (wjmsec, )
October 31, 2018 Opinion or Order Filing 27 ORDER denying Plaintiffs' Unopposed Motion for Extension of Time #25 . Plaintiffs' Motion is DENIED without prejudice to refiling given Plaintiffs' counsel's failure to serve a copy of the Motion on their clients, as required by D.C.COLO.LCivR 6.1(c). The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 10/31/2018. Text Only Entry (wjmsec, )
October 31, 2018 Opinion or Order Filing 26 ORDER: This matter is before the Court on Defendants' Supplement to Notice of Removal and Response to Order to Show Cause #24 : Based on its review of Defendants' Supplement and Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 10/31/2018. Text Only Entry (wjmsec, )
October 30, 2018 Filing 25 Unopposed MOTION for Extension of Time to , MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Koelsch, Vandana)
October 30, 2018 Filing 24 SUPPLEMENT/AMENDMENT to #1 Notice of Removal, 21 Order,,,,,,, Response to Order to Show Cause by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Attachments: #1 Exhibit A - Email dated 10-25-2018, #2 Exhibit B - Email dated 10-27-2018, #3 Exhibit C - Declaration of Robin Erlenbaugh)(Farooqui, Megan)
October 30, 2018 Opinion or Order Filing 23 ORDER striking Plaintiffs' Motion for Extension of Time #22 . Plaintiffs' Motion is STRICKEN without prejudice to refiling given Plaintiffs' counsel's failure to serve a copy of the Motion on their clients, as required by D.C.COLO.LCivR 6.1(c). The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. Furthermore, the Court notes that Plaintiffs' Motion fails to meaningfully comply with the conferral requirements of D.C.Colo.LCivR 7.1A. See Hoelzel v. First Select Corp., 214 F.R.D. 634 (D. Colo. 2003). SO ORDERED by Judge William J. Martinez on 10/30/2018. Text Only Entry (wjmsec, )
October 29, 2018 Filing 22 STRICKEN MOTION for Extension of Time to by Plaintiffs 3WC Farms, LLC, Patrick Hume, Timothy Hume, Mark Marsh, Roger Saffer, Douglas Uhland, Wood Farms, LLC. (Vellone, Patrick) Modified on 10/30/2018 Motion stricken pursuant to 23 Order. (sphil, ).
October 24, 2018 Opinion or Order Filing 21 ORDER TO SHOW CAUSE returnable October 31, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendants' Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Plaintiffs Wood Farms, LLC and 3WC Farms, LLC, and Defendant Dow Agrosciences, LLC are identified as a limited liability companies. Defendants fail, however, to establish the citizenship of each and every member of Wood Farms, LLC, 3WC Farms, LLC, and Dow Agrosciences, LLC. The Court must consider the citizenship of all members of the LLC's in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Defendants are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Defendants' Notice of Removal is deficient in that it fails to establish the citizenship of every member of Wood Farms, LLC, 3WC Farms, LLC, and Dow Agrosciences, LLC. Accordingly, Defendants are ORDERED TO SHOW CAUSE, by October 31, 2018, as to why the Court should not on its own motion remand this action to state court based on Defendants' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 10/24/2018. Text Only Entry (wjmsec, )
October 23, 2018 Filing 20 CASE REASSIGNED pursuant to #19 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02562-WJM. (Text Only Entry) (jgonz, )
October 16, 2018 Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Defendants Agrigenetics, Inc., Dow Agrosciences LLC All parties do not consent.. (Farooqui, Megan)
October 12, 2018 Filing 18 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate DowDuPont, Inc. for Agrigenetics, Inc., Dow Agrosciences LLC. (Farooqui, Megan)
October 12, 2018 Filing 17 SUPPLEMENT/AMENDMENT Civil Cover Sheet for Notices of Removal by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Farooqui, Megan)
October 12, 2018 Filing 16 NOTICE of Register of Action in State Court no. 18CV30041 by Defendants Agrigenetics, Inc., Dow Agrosciences LLC (Farooqui, Megan)
October 12, 2018 Filing 15 MOTION to Dismiss without Prejudice or, in the Alternative, Stay Action pending Arbitraion by Defendants Agrigenetics, Inc., Dow Agrosciences LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Farooqui, Megan)
October 11, 2018 Opinion or Order Filing 14 MINUTE ORDER: The parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction indicating either unanimous consent of the parties or that consent has been declined on or before 10/19/2018. by Magistrate Judge Kathleen M. Tafoya on 10/11/18. Text Only Entry (kmtlc1 )
October 9, 2018 Filing 13 NOTICE of Entry of Appearance and Request for Notice by Vandana Koelsch on behalf of All Plaintiffs Attorney Vandana Koelsch added to party 3WC Farms, LLC(pty:pla), Attorney Vandana Koelsch added to party Patrick Hume(pty:pla), Attorney Vandana Koelsch added to party Timothy Hume(pty:pla), Attorney Vandana Koelsch added to party Mark Marsh(pty:pla), Attorney Vandana Koelsch added to party Roger Saffer(pty:pla), Attorney Vandana Koelsch added to party Douglas Uhland(pty:pla), Attorney Vandana Koelsch added to party Wood Farms, LLC(pty:pla) (Koelsch, Vandana)
October 9, 2018 Filing 12 NOTICE of Entry of Appearance and Request for Notice by Jordan D. Factor on behalf of All Plaintiffs Attorney Jordan D. Factor added to party 3WC Farms, LLC(pty:pla), Attorney Jordan D. Factor added to party Patrick Hume(pty:pla), Attorney Jordan D. Factor added to party Timothy Hume(pty:pla), Attorney Jordan D. Factor added to party Mark Marsh(pty:pla), Attorney Jordan D. Factor added to party Roger Saffer(pty:pla), Attorney Jordan D. Factor added to party Douglas Uhland(pty:pla), Attorney Jordan D. Factor added to party Wood Farms, LLC(pty:pla) (Factor, Jordan)
October 9, 2018 Filing 11 NOTICE of Entry of Appearance and Request for Notice by Patrick D. Vellone on behalf of All Plaintiffs Attorney Patrick D. Vellone added to party 3WC Farms, LLC(pty:pla), Attorney Patrick D. Vellone added to party Patrick Hume(pty:pla), Attorney Patrick D. Vellone added to party Timothy Hume(pty:pla), Attorney Patrick D. Vellone added to party Mark Marsh(pty:pla), Attorney Patrick D. Vellone added to party Roger Saffer(pty:pla), Attorney Patrick D. Vellone added to party Douglas Uhland(pty:pla), Attorney Patrick D. Vellone added to party Wood Farms, LLC(pty:pla) (Vellone, Patrick)
October 9, 2018 Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, )
October 9, 2018 Filing 4 NOTICE of Entry of Appearance by Llonyddwch R. Watkins on behalf of Agrigenetics, Inc., Dow Agrosciences LLCAttorney Llonyddwch R. Watkins added to party Agrigenetics, Inc.(pty:dft), Attorney Llonyddwch R. Watkins added to party Dow Agrosciences LLC(pty:dft) (Watkins, Llonyddwch)
October 5, 2018 Filing 9 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only entry. (rvill, )
October 5, 2018 Filing 8 STATE COURT ORDER Granting Defendant Dow Agrosciences, LLCs Unopposed Motion for Extension Of Time To Answer Or Otherwise Respond. Signed by Prowers County District Court Judge Stanley A. Brinkley on 10/26/2018. (rvill, ) Modified to correct text entry on 10/10/2018 (rvill, ).
October 5, 2018 Filing 7 AFFIDAVIT of Service of Summons and Complaint upon Dow Agrosciences LLC on 09/07/2018. (rvill, )
October 5, 2018 Filing 6 AFFIDAVIT of Service of Summons and Complaint upon Agrigenetics, Inc. on 09/07/2018. (rvill, )
October 5, 2018 Filing 5 COMPLAINT WITH JURY DEMAND against Agrigenetics, Inc., Dow Agrosciences LLC, and Kaitlyn Lowe, filed by Roger Saffer, Timothy Hume, Wood Farms, LLC, Mark Marsh, 3WC Farms, LLC, Patrick Hume, and Douglas Uhland.(rvill, )
October 5, 2018 Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rvill, )
October 5, 2018 Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Notice of Removal filed by attorney Megan Maureen Farooqui. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rvill, )
October 5, 2018 Filing 1 NOTICE OF REMOVAL by Dow Agrosciences LLC, Mycogen Seeds, Agrigenetics, Inc. from Prowers County District Court, Case Number 2018CV30041. (Filing fee $ 400, Receipt Number 1082-6331751), filed by Dow Agrosciences LLC, Mycogen Seeds, Agrigenetics, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Farooqui, Megan)

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Search for this case: Uhland et al v. Agrigenetics, Inc. et al
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Plaintiff: Patrick Hume
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: Saffer Farms
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Plaintiff: Tricounty Farms
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Plaintiff: Wood Farms, LLC
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: Roger Saffer
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: Big Flat Farms
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Plaintiff: 3WC Farms, LLC
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: North Fork Farms
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Plaintiff: Douglas Uhland
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: Timothy Hume
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Plaintiff: Mark Marsh
Represented By: Jordan D. Factor
Represented By: Vandana Koelsch
Represented By: Patrick D. Vellone
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Defendant: Kaitlyn Lowe
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Defendant: Agrigenetics, Inc.
Represented By: Megan Maureen Farooqui
Represented By: Llonyddwch R. Watkins
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Defendant: Mycogen Seeds
Represented By: Megan Maureen Farooqui
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Defendant: Dow Agrosciences LLC
Represented By: Megan Maureen Farooqui
Represented By: Llonyddwch R. Watkins
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