Estate of Kenzie Elizabeth Murdock et al v. Monsanto Company
Plaintiff: Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Administrator, Kyle A. Murdock and Mandi L. Murdock
Defendant: Monsanto Company
Case Number: 5:2023cv00128
Filed: September 11, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2023 Filing 47 ATTORNEY NOTICE of Deficiency to Eric G. Lasker re #43 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/25/2023. (KJA)
September 11, 2023 Filing 46 ATTORNEY NOTICE of Deficiency to Joe G. Hollingsworth re #43 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/25/2023. (KJA)
September 11, 2023 Filing 45 ATTORNEY NOTICE of Deficiency to Jed P. White re #43 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/25/2023. (KJA)
September 11, 2023 Filing 44 Case Assignment (Random Selection): Case Assigned to District Judge Benjamin Beaton. (KJA)
September 11, 2023 Filing 43 Case transferred in from District of California Northern; Case Number 3:20-cv-01363. Original file certified copy of transfer order and docket sheet received. (KJA)
September 11, 2023 Filing 42 CONDITIONAL REMAND ORDER by MDL Panel on 9/11/2023. ( 17237 3:21-cv-06173-VC Salas v. Monsanto Company et al, 17235 3:20-cv-01016-VC Glavanovits v. Monsanto Company, 17236 3:20-cv-01363-VC Estate of Kenzie Elizabeth Murdock et al v. Monsanto Company) (wsn, COURT STAFF) (Filed on 9/11/2023) [Transferred from cand on 9/11/2023.]
September 11, 2023 MDL 2741 MEMBER CASE REMAND: Pursuant to the Conditional Remand Order of 9/11/2023 in the MDL 2741 master file (dkt. #17266), civil case no. 3:20-cv-01363-VC Estate of Kenzie Elizabeth Murdock et al v. Monsanto Company is remanded to the Western District of Kentucky. cc: JPMDL (wsn, COURT STAFF) (Filed on 9/11/2023) [Transferred from cand on 9/11/2023.]
August 31, 2023 Copy of #41 Suggestion of Remand emailed to JPML. (wsn, COURT STAFF) (Filed on 8/31/2023) [Transferred from cand on 9/11/2023.]
August 30, 2023 Filing 41 Suggestion of Remand (Murdock v. Monsanto, Case No. 20-cv-1363-VC). Signed by Judge Vince Chhabria on 8/30/2023. (crblc4, COURT STAFF) (Filed on 8/30/2023) [Transferred from cand on 9/11/2023.]
August 21, 2023 Opinion or Order Filing 40 PRETRIAL ORDER NO. 285: ORDER ON MOTIONS TO EXCLUDE CERTAIN WAVE 5 EXPERTS AND FOR SUMMARY JUDGMENT. Signed by Judge Vince Chhabria on 8/21/2023. (crblc4, COURT STAFF) (Filed on 8/21/2023) [Transferred from cand on 9/11/2023.]
August 17, 2023 Filing 39 CLERK'S NOTICE: The hearing on the #34 motion to exclude testimony of Dr. Schiff is vacated. See Dkt. #36 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 8/17/2023) [Transferred from cand on 9/11/2023.]
August 8, 2023 Filing 38 REPLY (re #34 MOTION to Exclude Testimony of Dr. Ron Schiff ) -- Defendant Monsanto Company's Reply in Support of its Motion to Exclude Testimony of Dr. Ron Schiff filed byMonsanto Company. (White, Jed) (Filed on 8/8/2023) [Transferred from cand on 9/11/2023.]
July 24, 2023 Filing 37 OPPOSITION/RESPONSE (re #34 MOTION to Exclude Testimony of Dr. Ron Schiff ) Plaintiffs Response to Defendants Motion to Exclude Testimony of Dr. Ron Schiff filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Attachments: #1 Exhibit Ex A Dr. Schiff Report, #2 Exhibit Ex B Dr. Schiff Depo Trans)(Prather, Jerome) (Filed on 7/24/2023) [Transferred from cand on 9/11/2023.]
July 14, 2023 Opinion or Order Filing 36 Scheduling Order on Wave 5 Daubert Motions by Judge Vince Chhabria. (Dkt. Nos. 16850-51, 16856, 16863-64, 16868, 16940, 16942, 16944-47, 16985-86). Associated Cases: 3:16-md-02741-VC, 3:18-cv-01427-VC, 3:20-cv-01016-VC, 3:20-cv-01363-VC, 3:21-cv-06173-VC (crblc4, COURT STAFF) (Filed on 7/14/2023) [Transferred from cand on 9/11/2023.]
July 12, 2023 Opinion or Order Filing 35 Order by Judge Vince Chhabria granting (16977) Stipulation for Extension of Time. Associated Cases: 3:16-md-02741-VC, 3:20-cv-01363-VC (crblc4, COURT STAFF) (Filed on 7/12/2023) [Transferred from cand on 9/11/2023.]
July 10, 2023 Filing 34 MOTION to Exclude Testimony of Dr. Ron Schiff filed by Monsanto Company. Motion Hearing set for 8/24/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/24/2023. Replies due by 7/31/2023. (Attachments: #1 Declaration, #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, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(White, Jed) (Filed on 7/10/2023) [Transferred from cand on 9/11/2023.]
July 10, 2023 Filing 33 STIPULATION WITH PROPOSED ORDER -- Joint Stipulation for Extension of time for Monsanto to file a Daubert Motion regarding Dr. Ron Schiff filed by Monsanto Company. (Attachments: #1 Proposed Order)(White, Jed) (Filed on 7/10/2023) [Transferred from cand on 9/11/2023.]
July 7, 2023 Opinion or Order Filing 32 Order by Judge Vince Chhabria denying (16934) Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge. Associated Cases: 3:16-md-02741-VC, 3:20-cv-01363-VC (crblc4, COURT STAFF) (Filed on 7/7/2023) [Transferred from cand on 9/11/2023.]
July 7, 2023 Filing 31 REPLY (re #23 MOTION Exclude Testimony of Dr. Butts under Daubert and FRE 702 ) Plaintiffs Reply in Support of Motion to Exclude Testimony and Opinions of Dr. Thomas Butts filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Prather, Jerome) (Filed on 7/7/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 30 MOTION for Relief From Nondispositive Pretrial Order of Magistrate Judge Plaintiffs Motion for Relief From Nondispositive Pretrial Order of Magistrate Judge filed by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. Responses due by 7/13/2023. Replies due by 7/20/2023. (Prather, Jerome) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 29 OPPOSITION/RESPONSE (re #21 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion for Summary Judgment; Memorandum of Law in support ) Plaintiffs Response to Defendants Motion for Summary Judgement filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Prather, Jerome) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 28 OPPOSITION/RESPONSE (re #19 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Testimony of Wave 5 Plaintiffs' Expert Under Rule 702 and for Summary Judgment on Causation Grounds ) Plaintiffs Response to Defendants Mtn to Exclude Testimony of Wave 5 Pltfs General Causation Experts Under Rule 702 and for Summary Judgment on Causation Grounds filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Prather, Jerome) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 27 OPPOSITION/RESPONSE (re #22 MOTION to Exclude Testimony of Dr. Ron Schiff ) Plaintiffs Response to Defendants Motion to Exclude Testimony of Dr. Kevin Knopf filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Attachments: #1 Exhibit Ex A Depo transcript of Ron Schiff)(Prather, Jerome) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 26 OPPOSITION/RESPONSE (re #20 MOTION Exclude Testimony of Dr. William Sawyer ) Response to Defendants Motion to Exclude Testimony of Dr. William Sawyer filed byEstate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Attachments: #1 Exhibit Ex A William Sawyer CV, #2 Exhibit Ex B William Sawyer Report, #3 Exhibit Ex C Depo Transcript of William Sawyer)(Prather, Jerome) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 29, 2023 Filing 25 OPPOSITION/RESPONSE (re #23 MOTION Exclude Testimony of Dr. Butts under Daubert and FRE 702 ) filed byMonsanto Company. (Attachments: #1 Declaration of Jed P. White)(White, Jed) (Filed on 6/29/2023) [Transferred from cand on 9/11/2023.]
June 22, 2023 Opinion or Order Filing 24 DISCOVERY ORDER NO. 5: GRANTING 16682 MONSANTO'S MOTION TO COMPEL PRODUCTION OF DR. SAWYER'S JUNE 3, 2022 REPORT. Signed by Magistrate Judge Alex G. Tse on 6/22/2023. (agtlc2, COURT STAFF) (Filed on 6/22/2023) [Transferred from cand on 9/11/2023.]
June 16, 2023 Filing 23 MOTION Exclude Testimony of Dr. Butts under Daubert and FRE 702 filed by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/30/2023. Replies due by 7/7/2023. (Attachments: #1 Exhibit Ex A Murdock Depo, #2 Exhibit Ex B Butts Depo, #3 Exhibit Ex C Butts Expert Report, #4 Exhibit Ex D Sawyer Depo)(Prather, Jerome) (Filed on 6/16/2023) [Transferred from cand on 9/11/2023.]
June 16, 2023 Filing 22 MOTION to Exclude Testimony of Dr. Ron Schiff filed by Monsanto Company. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/30/2023. Replies due by 7/7/2023. (Attachments: #1 Declaration, #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, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(White, Jed) (Filed on 6/16/2023) [Transferred from cand on 9/11/2023.]
June 15, 2023 Filing 21 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion for Summary Judgment; Memorandum of Law in support filed by Monsanto Company. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/29/2023. Replies due by 7/6/2023. (White, Jed) (Filed on 6/15/2023) [Transferred from cand on 9/11/2023.]
June 15, 2023 Filing 20 MOTION Exclude Testimony of Dr. William Sawyer filed by Monsanto Company. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/29/2023. Replies due by 7/6/2023. (White, Jed) (Filed on 6/15/2023) [Transferred from cand on 9/11/2023.]
June 15, 2023 Filing 19 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Testimony of Wave 5 Plaintiffs' Expert Under Rule 702 and for Summary Judgment on Causation Grounds filed by Monsanto Company. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/29/2023. Replies due by 7/6/2023. (White, Jed) (Filed on 6/15/2023) [Transferred from cand on 9/11/2023.]
May 3, 2023 #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #18 MOTION to Substitute Proper Party filed by Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator, Estate of Kenzie Elizabeth Murdock (dhm, COURT STAFF) (Filed on 5/3/2023) [Transferred from cand on 9/11/2023.]
May 2, 2023 Filing 18 SUGGESTION OF DEATH Upon the Record as to Mandi L Murdock and MOTION to Substitute Proper Party by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Attachments: #1 Proposed Order granting motion to substitute, #2 Exhibit Ex A Death Certificate)(Prather, Jerome) (Filed on 5/2/2023) Modified on 5/3/2023 to include motion event (dhm, COURT STAFF). [Transferred from cand on 9/11/2023.]
January 3, 2023 Filing 17 STIPULATION Regarding choice of law filed by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Prather, Jerome) (Filed on 1/3/2023) [Transferred from cand on 9/11/2023.]
December 27, 2022 Filing 16 NOTICE by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator (Prather, Jerome) (Filed on 12/27/2022) [Transferred from cand on 9/11/2023.]
September 23, 2021 Filing 15 AMENDED COMPLAINT Second Amended Complaint Adding Loss of Service against All Defendants. Filed byEstate of Kenzie Elizabeth Murdock, Mandi L. Murdock, Kyle A. Murdock, Kyle A. Murdock, Administrator. (Prather, Jerome) (Filed on 9/23/2021) [Transferred from cand on 9/11/2023.]
September 22, 2021 Opinion or Order Filing 14 ORDER by Judge Vince Chhabria granting Motion for Leave to File Second Amended Complaint AS MODIFIED: 13610 in case 3:16-md-02741-VC; (13) in case 3:20-cv-01363-VC. (vclc3S, COURT STAFF) (Filed on 9/22/2021) [Transferred from cand on 9/11/2023.]
August 26, 2021 Filing 13 MOTION for Leave to File Second Amended Complaint filed by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator. (Attachments: #1 Proposed Order Proposed Order granting leave to file 2nd amended complaint, #2 Exhibit Second Amended Complaint)(Prather, Jerome) (Filed on 8/26/2021) [Transferred from cand on 9/11/2023.]
March 23, 2020 Filing 12 Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 3/23/2020) [Transferred from cand on 9/11/2023.]
March 23, 2020 Filing 11 Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 3/23/2020) [Transferred from cand on 9/11/2023.]
March 23, 2020 Filing 10 ANSWER to Amended Complaint filed by Monsanto Company. (Hollingsworth, Joe) (Filed on 3/23/2020) [Transferred from cand on 9/11/2023.]
February 28, 2020 Filing 9 Certificate of Interested Entities by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator (Garmer, William) (Filed on 2/28/2020) [Transferred from cand on 9/11/2023.]
February 24, 2020 Filing 8 Case transferred in from District of Kentucky Western; Case Number 5:20-cv-00023. Original file certified copy of transfer order and docket sheet received. [Transferred from cand on 9/11/2023.]
February 24, 2020 MEMBER CASE OPENED: re 3:16-md-02741-VC; Western District of Kentucky, 5:20-cv-00023-TBR Estate of Kenzie Elizabeth Murdock, opened in California Northern District as 3:20-cv-01363-VC pursuant to Conditional Transfer Order 188 cc: JPMDL (wsnS-adi, COURT STAFF) (Filed on 2/24/2020) [Transferred from cand on 9/11/2023.]
February 21, 2020 Filing 7 CONDITIONAL TRANSFER ORDER No. CTO-188 from ND/CA re MDL 2741. (KJA) [Transferred from cand on 9/11/2023.]
February 10, 2020 Filing 6 AMENDED COMPLAINT against Monsanto Company, filed by Estate of Kenzie Elizabeth Murdock, Mandi L. Murdock, Kyle A. Murdock, Kyle A. Murdock, Administrator. (Garmer, William) [Transferred from cand on 9/11/2023.]
February 7, 2020 Filing 5 SUMMONS Returned Executed by Estate of Kenzie Elizabeth Murdock, Mandi L. Murdock, Kyle A. Murdock, Kyle A. Murdock, Administrator. Monsanto Company served on 2/5/2020, answer due 2/26/2020. (Garmer, William) [Transferred from cand on 9/11/2023.]
February 3, 2020 Filing 4 NOTICE of filing of Civil Cover Sheet by Estate of Kenzie Elizabeth Murdock, Kyle A. Murdock, Mandi L. Murdock, Kyle A. Murdock, Administrator re #1 Complaint, (Attachments: #1 Cover Sheet Civil Cover Sheet) (Garmer, William) [Transferred from cand on 9/11/2023.]
February 3, 2020 Filing 3 Summons Issued as to Monsanto Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MNM) [Transferred from cand on 9/11/2023.]
February 3, 2020 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM) [Transferred from cand on 9/11/2023.]
January 31, 2020 Filing 1 COMPLAINT against Monsanto Company, filing fee $400, receipt number 0644-3033537, filed by Estate of Kenzie Elizabeth Murdock, Mandi L. Murdock, Kyle A. Murdock, Individually, and Kyle A. Murdock, Administrator. (Attachments: #1 Exhibit A - Order Appointing Administrator, #2 Summons Tendered) (MNM) [Transferred from cand on 9/11/2023.]

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Plaintiff: Estate of Kenzie Elizabeth Murdock
Represented By: Dennis L. Null, Sr.
Represented By: Jerome P. Prather
Represented By: William R. Garmer
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Plaintiff: Kyle A. Murdock, Administrator
Represented By: Dennis L. Null, Sr.
Represented By: Jerome P. Prather
Represented By: William R. Garmer
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Plaintiff: Kyle A. Murdock
Represented By: Dennis L. Null, Sr.
Represented By: Jerome P. Prather
Represented By: William R. Garmer
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Plaintiff: Mandi L. Murdock
Represented By: Dennis L. Null, Sr.
Represented By: Jerome P. Prather
Represented By: William R. Garmer
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Defendant: Monsanto Company
Represented By: Jed P. White
Represented By: Joe G. Hollingsworth
Represented By: Eric G. Lasker
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