Dufour et al. v. Syngenta Crop Protections, LLC, et al.
| Tim Dufour, Theresa Dufour and Darrell J. Saltamachia |
| Syngenta Crop Protection LLC, Chevron U.S.A. Inc, Board of Supervisors of Louisiana State University and A&M College and Louisiana State University Agricultural Center |
| Randi Ellis |
| 3:2023pq01208 |
| April 12, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 54 Case transferred in from District of Louisiana Middle; Case Number 3:22-cv-00911. Original file certified copy of transfer order and docket sheet received. |
Filing 53
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 52
Order Transferring Case to JPML Court. (Attachments: #1 Certified CTO)(JEG) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 51 Initial Conditional Transfer Order from the JPML Panel (Attachments: #1 Minute Order) (NLT) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 50 MEMORANDUM in Opposition to #49 MOTION to Remand filed by Syngenta Crop Protection, LLC. (Surprenant, Diana) Modified on 12/23/2022 to edit title of document (JEG). [Transferred from Louisiana Middle on 4/12/2023.] |
| MOTION(S) REFERRED: #49 MOTION to Remand . This motion is now pending before the USMJ. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 49 MOTION to Remand by Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center (Attachments: #1 Attachment Memo in Support, #2 Proposed Pleading; Proposed Order)(Mire, Dawn) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 48 NOTICE OF Eleventh Amendment Immunity and Lack of Diversity by Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center re #1 Notice of Removal,, #6 Emergency MOTION to Remand and Fees (Mire, Dawn) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 47 MEMORANDUM in Opposition to #6 Emergency MOTION to Remand and Fees filed by Syngenta Crop Protection, LLC. (Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 46
ORDER denying as moot #43 Motion to Amend (6) Emergency MOTION to Remand. Signed by Chief Judge Shelly D. Dick on 12/13/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 45 MEMORANDUM in Opposition to #43 MOTION to Amend #6 Emergency MOTION to Remand and Fees filed by Syngenta Crop Protection, LLC. (Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 44
ORDER denying #41 Emergency MOTION to Vacate Referral of Plaintiffs' Emergency Motion to Remand. Signed by Chief Judge Shelly D. Dick on 12/13/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 43 MOTION to Amend #6 Emergency MOTION to Remand and Fees by Theresa Dufour, Tim Dufour (Attachments: #1 Amended Memorandum in Support, #2 Proposed Order)(Clavier, Madeleine) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 42
ORDER granting #38 Motion to Enroll Counsel of Record. Added attorney Charles Jacob Gower for Theresa Dufour and Tim Dufour. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 41 Emergency MOTION to Vacate Referral of Plaintiffs' Emergency Motion to Remand by Theresa Dufour, Tim Dufour (Attachments: #1 Memorandum in Support)(Clavier, Madeleine) [Transferred from Louisiana Middle on 4/12/2023.] |
| MOTION(S) REFERRED: #38 MOTION to Enroll Jacob Gower as Additional Attorney . This motion is now pending before the USMJ. (LLH) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 38 MOTION to Enroll Jacob Gower as Additional Attorney by All Plaintiffs (Attachments: #1 Proposed Pleading; Proposed Order)(Rockforte, Nicholas) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 40
ORAL ORDER granting #30 Unopposed Motion to Stay Responsive Pleading Deadline. Syngenta shall file responsive pleadings no later than fourteen (14) days following a final decision on Plaintiffs' Emergency Motion to Remand, unless otherwise ordered. Signed by Magistrate Judge Erin Wilder-Doomes on 12/7/2022. (LLH) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 39 Minute Entry/ TELEPHONE CONFERENCE REPORT AND ORDER for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 12/7/2022. The conference was scheduled by the Court to discuss the issues raised in the pending motions, as listed. The #30 Unopposed Motion to Stay Responsive Pleading Deadline, filed by Defendant Syngenta Crop Protection, LLC, is GRANTED for good cause shown.Syngenta shall file responsive pleadings no later than fourteen (14) days following a final decisionon Plaintiffs' Emergency Motion to Remand, unless otherwise ordered. (LLH) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 37 Letter to JPML Panel notifying panel of possible JPML case sent via separate email to PANELMDL@jpml.uscourts.gov with designated attachments. (NLT) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 36
ORDER granting #35 Motion for Debra R. Belott to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 12/6/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 35 MOTION for Debra R. Belott to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2512117) by Chevron U.S.A., Inc. (Attachments: #1 Exhibit 1 Affidavit, #2 Exhibit 2 Certificates of Good Standing, #3 Proposed Pleading; Proposed Order)(Abbott, Charles) [Transferred from Louisiana Middle on 4/12/2023.] |
| MOTION(S) REFERRED: #35 MOTION for Debra R. Belott to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2512117). This motion is now pending before the USMJ. (BLR) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 34 Certificate of Interested Persons by Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center identifying Affiliate/Interested Person State of Louisiana, Affiliate/Interested Person Office of Risk Management, Division of Administration for Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center. (Mire, Dawn) (Main Document 34 replaced on 12/6/2022) (EDC). Modified on 12/6/2022 to flatten document. (EDC). [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 33 NOTICE OF DEFICIENCY with LR 7.1 as to #23 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 32
ORDER granting #31 Motion to Withdraw #5 MOTION to Stay Proceedings Pending Anticipated Transfer to Multidistrict Litigation by Syngenta and Chevron . Signed by Chief Judge Shelly D. Dick on 12/5/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 4/12/2023.]
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| MOTION(S) REFERRED: #30 Unopposed MOTION to Stay Responsive Pleading Deadline. This motion is now pending before the USMJ. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 31 MOTION to Withdraw #5 MOTION to Stay Proceedings Pending Anticipated Transfer to Multidistrict Litigation by Syngenta and Chevron by Syngenta Crop Protection, LLC (Attachments: #1 Proposed Order on Motion to Withdraw Motion for Temporary Stay)(Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 30 Unopposed MOTION to Stay Responsive Pleading Deadline by Syngenta Crop Protection, LLC (Attachments: #1 Proposed Order on Unopposed Motion to Stay Responsive Pleading Deadline)(Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 29
ORDER granting #24 Motion to Enroll as Counsel of Record. Added attorney Dawn Trabeau Mire for Board of Supervisors of Louisiana State University and A&M College and Louisiana State University Agricultural Center. Signed by Magistrate Judge Erin Wilder-Doomes on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 28
ORDER granting #22 Motion for Ronald K. Anguas, Jr. to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 27
ORDER granting #21 Motion for Patrick L. Butler to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 26
ORDER denying #20 Motion to Enroll Additional Counsel of Record pursuant to Local Civil Rule 83(b)(5). Signed by Magistrate Judge Erin Wilder-Doomes on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 25
ORDER granting #19 Motion for Aimee H. Wagstaff to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 24 MOTION to Enroll Dawn T. Mire as Attorney by Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center (Attachments: #1 Proposed Pleading; Proposed Order)(Mire, Dawn) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 23 Certificate of Interested Persons by Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center identifying Corporate Parent LSU Board of Supervisors for Board of Supervisors of Louisiana State University and A&M College, Louisiana State University Agricultural Center. (Mire, Dawn) (Main Document 23 replaced on 12/5/2022) (EDC). Modified on 12/5/2022 to remove header at top and flatten document. (EDC). [Transferred from Louisiana Middle on 4/12/2023.] |
| MOTION(S) REFERRED: #22 MOTION for Ronald K. Anguas, Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2510340), #20 MOTION to Enroll Jacob Gower as Additional Attorney , #19 MOTION for Aimee Wagstaff to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2509585), #21 MOTION for Patrick L. Butler to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2510190). This motion is now pending before the USMJ. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 22 MOTION for Ronald K. Anguas, Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2510340) by Syngenta Crop Protection, LLC (Attachments: #1 Affidavit R. Anguas, #2 Attachment Certificate of Good Standing - N.Y., #3 Attachment Certificate of Good Standing - D.C., #4 Proposed Pleading; Proposed Order)(Lamb, Alexandra) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 21 MOTION for Patrick L. Butler to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2510190) by Syngenta Crop Protection, LLC (Attachments: #1 Affidavit P. Butler Affidavit, #2 Attachment Certificate of Good Standing - D.C., #3 Attachment Certificate of Good Standing - N.Y., #4 Proposed Pleading; Proposed Order)(Lamb, Alexandra) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 20 MOTION to Enroll Jacob Gower as Additional Attorney by All Plaintiffs (Attachments: #1 Order)(Rockforte, Nicholas) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 19 MOTION for Aimee Wagstaff to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2509585) by All Plaintiffs (Attachments: #1 Exhibit Certificate of Good Standing, #2 Order)(Rockforte, Nicholas) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 18 NOTICE OF TELEPHONE CONFERENCE: A telephone conference is set for Wednesday, December 7, 2022 at 10:00 AM before Magistrate Judge Erin Wilder-Doomes. Counsel shall be prepared to discuss the issues raised in the following pending motions and related documents: (a) Defendants Syngenta Crop Protection, LLC ("Syngenta") and Chevron U.S.A., Inc.'s ("Chevron") #5 Motion to Stay Proceedings Pending Anticipated Transfer to Multidistrict Litigation; (b) Plaintiffs' #6 Emergency Motion to Remand and for Fees and #7 Motion for Expedited Hearing on Emergency Motion to Remand; and (c) Defendants Syngenta and Chevron's #9 Memorandum in Opposition to the Motion for Expedited Hearing on the Emergency Motion to Remand. Counsel participating in the telephone conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. It is not necessary for the parties to submit any additional briefing in anticipation of the telephone conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 17
ORDER granting #15 MOTION to Substitute Notice of Removal filed by Syngenta Crop Protection, LLC. The clerk is directed to replace R. Doc. 1 with 15-1. Signed by Magistrate Judge Erin Wilder-Doomes on 11/30/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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| MOTION(S) REFERRED: #15 MOTION to Substitute Notice of Removal . This motion is now pending before the USMJ. (BLR) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 16 Certificate of Interested Persons by Chevron U.S.A., Inc. identifying Affiliate/Interested Person Chevron Corporation for Chevron U.S.A., Inc... (Abbott, Charles) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 15 MOTION to Substitute Notice of Removal by Syngenta Crop Protection, LLC (Attachments: #1 Proposed Pleading; Notice of Removal - Corrected, #2 Proposed Pleading; Order to Motion to Substitute Notice of Removal)(Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 14 Letter to Attorney Darrell J. Saltamachia who is lead counsel for party Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Louisiana State University Agricultural Center. Attorney is not admitted to practice in LAMD. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 13 Letter to Attorney Madeleine B. Clavier regarding Aimee Wagstaff who is Co-Counsel for party Tim and Theresa Dufour. Attorney is not admitted to practice in LAMD. (EDC) [Transferred from Louisiana Middle on 4/12/2023.] |
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Filing 12
ORDER granting #4 Motion for Extension of Time to File Responsive Pleadings pursuant to Local Rule 7(a). Defendants Syngenta and Chevron shall fileresponsive pleadings on or before December 21, 2022. Signed by Magistrate Judge Erin Wilder-Doomes on 11/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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Filing 11
ORDER granting #2 Motion to Enroll Counsel of Record. Added attorneys Timothy Douglas Gray and Charles H. Abbott for Chevron, Inc. Signed by Magistrate Judge Erin Wilder-Doomes on 11/28/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/12/2023.]
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| Filing 10 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (BLR) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 9 MEMORANDUM in Opposition to #7 MOTION for Expedited Hearing on #6 Emergency MOTION to Remand on behalf of Defendants, Syngenta Crop Protection, LLC and Chevron U.S.A. Inc., filed by Syngenta Crop Protection, LLC. (Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| MOTION(S) REFERRED: #4 MOTION for Extension of Time to file responsive pleadings by Syngenta and Chevron, #6 Emergency MOTION to Remand , #7 MOTION for Expedited Hearing on #6 Emergency MOTION to Remand , #2 MOTION to Enroll Tim D. Gray and Charles H. Abbott as Attorney . This motion is now pending before the USMJ. (BLR) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 8 RESPONSE in Opposition to #5 MOTION to Stay Proceedings Pending Anticipated Transfer to Multidistrict Litigation by Syngenta and Chevron filed by Theresa Dufour, Tim Dufour. (Clavier, Madeleine) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 7 MOTION for Expedited Hearing on #6 Emergency MOTION to Remand by Theresa Dufour, Tim Dufour (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Clavier, Madeleine) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 6 Emergency MOTION to Remand and Fees by Theresa Dufour, Tim Dufour (Attachments: #1 Memorandum in Support)(Clavier, Madeleine) Modified on 11/29/2022 to edit text. (EDC). [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 5 MOTION to Stay Proceedings Pending Anticipated Transfer to Multidistrict Litigation by Syngenta and Chevron by Syngenta Crop Protection, LLC (Attachments: #1 Attachment Memo in Support of Motion to Stay, #2 Exhibit Ex. 1 - Syngenta's Notice of Potential Tag-Along)(Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 4 MOTION for Extension of Time to file responsive pleadings by Syngenta and Chevron by Syngenta Crop Protection, LLC (Attachments: #1 Proposed Pleading; Order to Motion for Extension of Time)(Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 3 Certificate of Interested Persons by Syngenta Crop Protection, LLC identifying Corporate Parent Syngenta Corporation, Affiliate/Interested Person Syngenta Seeds, LLC for Syngenta Crop Protection, LLC.. (Surprenant, Diana) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 2 MOTION to Enroll Tim D. Gray and Charles H. Abbott as Attorney by Chevron, Inc. (Attachments: #1 Proposed Pleading; order)(Abbott, Charles) [Transferred from Louisiana Middle on 4/12/2023.] |
| Filing 1 NOTICE OF REMOVAL from 18th Judicial District Court, Parish of Iberville, Case Number 81844. (Filing fee $ 402 receipt number ALAMDC-2507546), filed by Syngenta Crop Protection, LLC. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit Ex. A - State Court Petition, #3 Exhibit Ex. B - Certified Copy of State Court Record, #4 Exhibit Ex. C - Chevron's Consent to Removal, #5 Exhibit Ex. D - Notice of Filing of Notice of Removal)(Surprenant, Diana) (Attachment 3 replaced on 11/29/2022) (EDC). Modified on 11/29/2022 to rotate pages. (EDC). (Main Document 1 replaced on 12/1/2022 in accordance with record document 17 ) (NLT). [Transferred from Louisiana Middle on 4/12/2023.] |
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