Boyette et al v. Monsanto Company et al
| Donald Boyette, Richard Smith, Ted Devening, Tom Johnston, Barbara Yates, Jeff Staats, Eric Andrews, Todd Skinner, Donna Calcaterra, Robert Tucker and Kelli Angel |
| Monsanto Company, Growmark, Inc., Farm and Home Supply, Inc., Ace Hardware Corporation, Home Depot U.S.A., Inc., Lowes Home Centers, LLC, Walmart, Inc. and RK Holdings, LP doing business as Rural King |
| 3:2025cv00864 |
| May 5, 2025 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
This docket was last retrieved on June 26, 2025. A more recent docket listing may be available from PACER.
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Filing 24
ORDER DENYING #23 Motion to Remand: On May 22, 2025, the Judicial Panel on Multidistrict Litigation issued a conditional transfer order, transferring this action under 28 U.S.C. Sec. 1407 to the Northern District of California for consolidation with MDL No. 2741 In Re: Roundup Products Liability Litigation. The conditional transfer order became effective On May 27, 2025, upon filing with the Clerk of the Northern District of California, depriving this Court of jurisdiction. (Docs. #20 22 ); See JPML Rule 7.1(h). Accordingly, the Court lacks jurisdiction to rule on the Motion to Remand which was filed after the conditional transfer order became effective. The Motion to Remand is therefore DENIED for lack of jurisdiction. Signed by Judge David W. Dugan on 6/26/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION to Remand to State Court by All Plaintiffs. (Edelson, Joshua) |
| Filing 22 Docket Annotation - Case transferred from Illinois Southern has been opened in California Northern District as case 3:25-cv-04401, filed 05/22/2025. (clw) |
| Filing 21 Docket Annotation - Case electronically transferred to the Northern District of California. (clw) |
| Filing 20 CONDITIONAL TRANSFER ORDER (CTO-518) TRANSFERRING CASE TO OTHER DISTRICT. Case transferred to Northern District of California in regard to MDL2741. Signed by Judicial Panel on Multidistrict Litigation on 5/22/2025. (clw) |
Filing 19
ORDER re: #15 Amended Complaint: In light of the filing of Plaintiffs' Amended Complaint, the pending Motion to Dismiss for Failure to Sate a Claim and Motion to Sever (Doc. #12 ) is TERMINATED as MOOT. Signed by Judge David W. Dugan on 5/19/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 NOTICE of Appearance by Benjamin Josef Galloway on behalf of Home Depot U.S.A., Inc. (Galloway, Benjamin) |
| Filing 17 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Walmart, Inc.. (Boggs, Beth) |
| Filing 16 NOTICE of Appearance by Beth C. Boggs on behalf of Walmart, Inc. (Boggs, Beth) |
| Filing 15 AMENDED COMPLAINT (as a matter of course) against Ace Hardware Corporation, Farm and Home Supply, Inc., Growmark, Inc., Home Depot U.S.A., Inc., Lowes Home Centers, LLC, Monsanto Company, RK Holdings, LP, Walmart, Inc., filed by All Plaintiffs.(Edelson, Joshua) |
Filing 14
ORDER re: #13 Notice of Voluntary Dismissal. Plaintiffs have filed a Notice of Voluntary Dismissal stating that defendant True Value Company, LLC is dismissed from the case out prejudice and without costs. The Seventh Circuit has indicated that individual parties should be dropped from a lawsuit through an amended complaint. See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Consequently, the Court directs Plaintiffs as follows: Plaintiffs may file an amended complaint in accord with Rule 15(a)(1) (if filing is completed within the time constraints set forth therein). Alternatively, Plaintiffs may file a motion for leave to amend under Rule 15(a)(2). To be clear, the Notice of Voluntary Dismissal has no effect, and True Value Company, LLC will remain a defendant unless and until Plaintiffs file an amended complaint in accord with Rule 15(a)(1), or seek leave to amend in accord with Rule 15(a)(2). Signed by Judge David W. Dugan on 5/14/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 NOTICE of Voluntary Dismissal by All Plaintiffs (Edelson, Joshua) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim and Motion to Sever Certain Defendants by Farm and Home Supply, Inc., Lowes Home Centers, LLC, RK Holdings, LP, Walmart, Inc.. (Northrip, William) |
| Filing 11 STIPULATION Joint stipulation for Extension of Time to Respond to Complaint by Home Depot U.S.A., Inc.. (Sichtermann, Jonathan) |
| Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Home Depot U.S.A., Inc. identifying Corporate Parent Home Depot U.S.A., Inc. for Home Depot U.S.A., Inc.. (Sichtermann, Jonathan) |
| Filing 9 NOTICE of Appearance by Jonathan R. Sichtermann on behalf of Home Depot U.S.A., Inc. (Sichtermann, Jonathan) |
| Filing 8 Federal Rule of Civil Procedure 7.1 Disclosure Statement by RK Holdings, LP identifying Corporate Parent Rural King C. Inc., Corporate Parent RK Family, Inc. for RK Holdings, LP. (Northrip, William) |
| Filing 7 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Lowes Home Centers, LLC. (Northrip, William) |
| Filing 6 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Farm and Home Supply, Inc. identifying Corporate Parent Quincy Farm Supply Co. for Farm and Home Supply, Inc.. (Northrip, William) |
| Filing 5 NOTICE of Appearance by William Francis Northrip on behalf of Farm and Home Supply, Inc., Lowes Home Centers, LLC, RK Holdings, LP (Northrip, William) |
| Filing 4 ANSWER to Complaint by Monsanto Company.(Northrip, William) |
| Filing 3 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 25-CV-864-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (clw) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Monsanto Company identifying Corporate Parent Bayer AG for Monsanto Company. (Northrip, William) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Clair County, IL, case number 2025LA000165, filed by Monsanto Company. Receipt AILSDC5647908 in amount of $405.00. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Northrip, William) |
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