Kathleen Jackson v. Monsanto Company
| KATHLEEN JACKSON as Personal Representative of the Estate of EDDIE RAY JACKSON and Kathleen Jackson |
| Monsanto Company |
| 8:2023cv00515 |
| March 8, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Julie S Sneed |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Acknowledgment - Transferred case has been opened in the California Northern District as case 3:23-cv-01572, filed 04/03/2023. (JNB) |
| Filing 12 MULTIDISTRICT LITIGATION PANEL ORDER (CTO-388) transferring case to: Northern District of California. MDL case number: 2741. (AG) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re 10 Order by Kathleen Jackson. (Osborne, Joseph) |
Filing 10
ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the template on the undersigned's website under the "forms" tab. (Doc. #3.) Plaintiff must file the Disclosure Statement and Certification no later than March 28, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/23/2023. (MEV)
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| Filing 9 WAIVER of service returned executed on 03/14/2023 by Kathleen Jackson as to Monsanto Company. (Osborne, Joseph) |
| Filing 8 NOTICE of Lead Counsel Designation by Joseph A. Osborne on behalf of Kathleen Jackson. Lead Counsel: Joseph A. Osborne. (Osborne, Joseph) |
| Filing 7 AMENDED COMPLAINT against Monsanto Company with Jury Demand. Filed by Kathleen Jackson. Related document: #1 Complaint, filed by Kathleen Jackson.(Osborne, Joseph) |
| Filing 6 SUMMONS issued as to Monsanto Company. (LNR) |
| Filing 5 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LNR) |
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Filing 4
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly incorporates by reference the allegations of the prior counts leading to a situation where counts II through V contains irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the Court STRIKES Plaintiff's complaint. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by March 15, 2023, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 3/8/2023. (MEV)
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Filing 3
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the undersigned's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 3/8/2023. (MEV)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-0515-KKM-JSS. (SJB) |
| Filing 1 ***STRICKEN; pursuant to court's endorsed order 4.*** COMPLAINT against Monsanto Company with Jury Demand (Filing fee $402 receipt number BFLMDC-20589076) filed by Kathleen Jackson. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Osborne, Joseph) Modified text on 3/9/2023 (LNR). |
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