CYPHERT et al v. THE SCOTTS MIRACLE-GRO COMPANY et al
| LAURA CYPHERT, MILTON CYPHERT, DAVID KIRBY and ELLEN LARSON |
| THE SCOTTS COMPANY LLC and THE SCOTTS MIRACLE-GRO COMPANY |
| Glenn Hegewald |
| MORNING SONG BIRD FOOD LITIGATION |
| 1:2018mc00016 |
| March 12, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Jane Magnus-Stinson |
| Other |
| No cause code entered |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
12
ORDER - In February 2012, Scotts Miracle-Gro Company ("Scotts") pleaded guilty to one count of pesticide misuse in the Southern District of Ohio. See In re Morning Song Bird Food Litig., 831 F.3d 765, 769 (6th Cir. 2016) (summarizing cri minal proceedings). As part of its guilty plea, Scotts admitted that it had used unapproved pesticides in producing its bird feed products, including a pesticide labeled "toxic to birds and other wildlife." Information at 4, United State s v. The Scotts Miracle-Gro Co., 2:12-cr-00024-JLG (S.D. Ohio Jan. 25, 2012). A class action lawsuit followed in June 2012 in the Southern District of California, alleging violations of federal racketeering laws and a variety of state consumer pro tection statutes for selling the tainted bird feed. See In re Morning Song, 320 F.R.D. 540, 543-44 (S.D. Cal. 2017) (summarizing claims and certifying class). The Court concludes that special circumstances exist warranting transfer of Plaintiffs&# 039; motions to compel to the Southern District of California where the underlying litigation remains pending. The Court therefore SUSTAINS Plaintiffs' objections to the Magistrate Judge's R&R in 1:17-mc-00078-JMS-TAB and GRANTS IN PART Plaintiffs' motions in 1:17-mc-00078-JMS-TAB and 1:18-mc-00016-JMS-TAB. The Court directs the Clerk to TRANSFER both matters to the United States District Court for the Southern District of California for further proceedings. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 4/25/2018.(APD)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
