Ezcurra v. Bayer AG et al
| Julio Ezcurra |
| Bayer AG and Monsanto Company |
| 9:2020cv80524 |
| March 27, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 30 Second AMENDED COMPLAINT against Bayer AG, Monsanto Company, filed by Julio Ezcurra. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zbrzeznj, Lydia) |
| Filing 29 Joint SCHEDULING REPORT - Rule 26(f) by Monsanto Company (Upshaw, Anthony) |
| Filing 28 Notice of Entry of Parties Listed on #27 Notice of Mediator Selection and/or Hearing into CM/ECF. (Upshaw, Anthony) |
| Filing 27 NOTICE of Mediator Selection. Selected/Added Monsanto Company, Diane M. Welsh as Mediator. (Upshaw, Anthony) |
| Filing 26 Clerks Notice to Filer re #25 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. AND Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Mediator Selection and/or Hearing. (ls) |
| Filing 25 NOTICE by Monsanto Company of Mediator Selection (Upshaw, Anthony) |
| Filing 24 NOTICE OF WITHDRAWAL OF MOTION by Monsanto Company of Motion for Judicial Notice of Public Records in Support of its Motion to Dismiss (Upshaw, Anthony) |
Filing 23
ORDER denying #22 Joint Motion to Modify Trial Dtae. Signed by Judge Donald M. Middlebrooks on 5/5/2020. See attached document for full details. (drz)
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| Filing 22 Joint MOTION for New Trial Date by Monsanto Company. (Upshaw, Anthony) |
| Filing 21 RESPONSE to Motion re #11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Julio Ezcurra. Replies due by 5/8/2020. (Zbrzeznj, Lydia) |
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Filing 20
PAPERLESS ORDER denying as moot #11 Defendant's Motion to Dismiss. The Motion is moot in light of Plaintiff's Amended Complaint. Signed by Judge Donald M. Middlebrooks on 4/30/2020. (jdr)
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| Filing 19 AMENDED COMPLAINT against Bayer AG, Monsanto Company, filed by Julio Ezcurra. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zbrzeznj, Lydia) |
| Filing 18 STATUS REPORT Regarding Transfer to Multidistrict Litigation by Monsanto Company (Upshaw, Anthony) |
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Filing 17
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 6/1/2020., Discovery due by 9/21/2020., Joinder of Parties due by 6/1/2020., In Limine Motions due by 10/5/2020., Dispositive Motions due by 10/5/2020., Motions due by 10/5/2020., Pretrial Stipulation due by 11/9/2020.) AND ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 4/24/2020. See attached document for full details. (drz)
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Filing 16
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 12/7/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 12/2/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 4/22/2020. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 15
PAPERLESS ORDER. Upon a sua sponte review of the record, it appears that this case may raise claims that are being litigated in a pending multidistrict litigation case. See MDL No. 2741, In re: Roundup Products Litigation. Therefore, on or before April 27, 2020, the Parties shall file a status report indicating whether they believe this case should be transferred to the pending MDL. And, if so, what action must be taken to effectuate such a transfer. Signed by Judge Donald M. Middlebrooks on 4/22/2020. (jdr)
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Filing 14
PAPERLESS ORDER granting in part #13 Plaintiff's Motion for Extension of Time. Plaintiff's responses to Defendants' Motion to Dismiss (DE #11 ) and Defendants' Motion for Judicial Notice (DE #12 ) are currently due by April 17, 2020. In the present Motion, Plaintiff requests a thirty-day extension of these deadlines due to counsel's present caseload and deadlines on other cases as well as the amount of time needed to adequately respond to the issues raised in Defendants' Motions. (DE #13 at 1). I find good cause to grant a limited extension; Plaintiff's deadlines to respond to the Motions are extended to May 1, 2020. Responses due by 5/1/2020 Signed by Judge Donald M. Middlebrooks on 4/16/2020. (jdr)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), , #12 Notice (Other), by Julio Ezcurra. (Zbrzeznj, Lydia) |
| Filing 12 WITHDRAWN NOTICE by Monsanto Company re #11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), Motion for Judicial Notice of Public Records in Support of its Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Upshaw, Anthony) Modified on 5/7/2020 withdrawn per de#24 (dj). |
| Filing 11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Monsanto Company. Responses due by 4/17/2020 (Attachments: #1 Affidavit Declaration of Anthony N. Upshaw in Support of Motion of Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Upshaw, Anthony) |
| Filing 10 NOTICE by Julio Ezcurra of Withdrawal of Affidavit of Service (Attachments: #1 Exhibit) (Zbrzeznj, Lydia) |
| Filing 9 NOTICE of Attorney Appearance by Lydia Sturgis Zbrzeznj on behalf of Julio Ezcurra. Attorney Lydia Sturgis Zbrzeznj added to party Julio Ezcurra(pty:pla). (Zbrzeznj, Lydia) |
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Filing 8
PAPERLESS ORDER granting #4 , #5 , #6 , and #7 Defendant's Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald M. Middlebrooks on 4/1/2020. (jdr)
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| Filing 7 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeff Wilkerson. Filing Fee $ 200.00 Receipt # AFLSDC-12683169 by Monsanto Company. Responses due by 4/15/2020 (Upshaw, Anthony) |
| Filing 6 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Rosenthal. Filing Fee $ 200.00 Receipt # AFLSDC-12683146 by Monsanto Company. Responses due by 4/15/2020 (Upshaw, Anthony) |
| Filing 5 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick Hogan. Filing Fee $ 200.00 Receipt # AFLSDC-12683129 by Monsanto Company. Responses due by 4/15/2020 (Upshaw, Anthony) |
| Filing 4 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christine Tillema. Filing Fee $ 200.00 Receipt # AFLSDC-12683099 by Monsanto Company. Responses due by 4/15/2020 (Upshaw, Anthony) |
| Filing 3 CLERK'S NOTICE that attorney Howard Weil Rubinstein has not been added to this case re #1 Notice of Removal (State Court Complaint),. For further information, please contact Attorney Admissions at 305-523-5265. (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number AFLSDC-12664925, filed by Monsanto Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Declaration, #4 Monsanto Co.'s Corporate Disclosure Statement)(Upshaw, Anthony) |
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