Gulf Pacific Rice Co., Inc. et al v. Bayer Cropscience, LP et al
Plaintiff: Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc. and Harvest Rice, Inc.
Defendant: Bayer Cropscience, LP, Bayer CropScience, Inc., Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG and Starlink Logistics, Inc.
Case Number: 4:2008cv01545
Filed: October 7, 2008
Court: US District Court for the Eastern District of Missouri
Office: Tort Product Liability Office
County: St. Louis - City
Presiding Judge: Catherine D Perry
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 23, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2014 Filing 61 ENTRY of Appearance by Katherine L.I. Hacker for Bayer CropScience LP, Bayer CropScience Inc., Bayer CropScience Holding Inc., Bayer CropScience LLC, and Bayer Corporation Associated Cases: 4:06-md-01811-CDP et al.(DLB)
April 9, 2012 Opinion or Order Filing 60 ORDER IT IS HEREBY ORDERED that Case No. 4:08CV1545 CDP is dismissed, with prejudice, with each side to bear its own costs. Signed by Honorable Catherine D. Perry on April 9, 2012. (MCB) (copy to D. Braun for statistical purposes.)
April 9, 2012 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 60. sent to non-electronic party this date Mon Apr 9 09:59:15 CDT 2012 (Berg, Melanie)
April 4, 2012 Filing 59 STIPULATION of Dismissal with Prejudice by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Chaney, William)
March 12, 2012 Filing 58 SECOND AMENDED COMPLAINT against defendant Bayer Cropscience, LP, Bayer CropScience, Inc., Bayer Cropscience Holding, Inc., Bayer CropScience, LLC., Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG and Starlink Logistics, Inc., Jury demand, filed by Gulf Pacific Rice Co., Inc. Gulf Rice Milling, Inc., Harvest Rice, Inc. Associated Cases: 4:06-md-01811-CDP, 4:08-cv-01545-CDP(BRP) Modified on 3/12/2012 (MCB).
March 9, 2012 Filing 57 Docket Text ORDER: Re: #56 MOTION for Leave to Amend by Plaintiffs Gulf Pacific Rice Co ; ORDERED GRANTED. Signed by Honorable Catherine D. Perry on 03/09/12. (CDP)
March 8, 2012 Filing 56 MOTION for Leave to Amend by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit A)(Chaney, William)
February 8, 2012 Opinion or Order Filing 55 ORDER. (This Order Relates to:Gulf Pacific Rice Co., Inc., et al.v. Bayer CropScience LP, et al. 4:08CV1545 CDP )The Court having been advised by counsel that this action has been settled, IT IS HEREBY ORDERED that the March 19, 2012 trial setting is vacated. IT IS FURTHER ORDERED that counsel shall file, within sixty (60) days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. IT IS FURTHER ORDERED that the final pretrial hearing scheduled for March 15, 2012 is CANCELED. Instead, there will be a telephone status conference for all cases held on the same date, March 15, 2012 at 12:30 p.m. All of the procedures for telephone status conferences set forth in Case Management Order No. 32 shall apply. ( Dismissal Paper(s) due by 4/9/2012. Status Conference set for 3/15/2012 12:30 PM via Telephone before Honorable Catherine D. Perry.) Signed by Honorable Catherine D. Perry on 02/08/2012. (CBL)
October 21, 2011 Filing 54 MEMORANDUM AND ORDER. (see order for details) This Order Relates to: Texana Rice Mill, Ltd., et al. v. Bayer CropScience LP, et al. 4:07CV416 CDP; Kennedy Rice Dryers, LLC v. Bayer CropScience LP, et al. 4:07CV1773 CDP; Planters Rice Mill, LLC v. Bayer CropScience LP, et al. 4:07CV1795 CDP; and Gulf Pacific Rice Co., Inc., et al. v. Bayer CropScience LP, et al. 4:08CV1545 CDP. IT IS HEREBY ORDERED that plaintiffs' motions for summary judgment on defendants' affirmative defenses nos. 4 and 14 [# 4189, 4191, 4193, 4204; #84 in Texana; #36 in Kennedy; # 44 in Planters; # 41 in Gulf Pacific] are granted. IT IS FURTHER ORDERED that defendants' motions for summary judgment [# 4172, 4176, 4188, 4199] are granted in part and denied in part. IT IS FURTHER ORDERED that the parties' joint motions incorporating previous arguments [# 4184, 4187, 4197, 4207] are granted in part and denied in part. IT IS FURTHER ORDERED that the Gulf Pacific plaintiffs' motion for summary judgment on defendants' affirmative defenses nos. 6 and 8 [#4198; # 44 in Gulf Pacific] is denied. IT IS FURTHER ORDERED that the motions to exceed page limits [#87 in Texana; # 47 in Gulf Pacific] are granted. Signed by Honorable Catherine D. Perry on 10/21/2011. Associated Cases: 4:06-md-01811-CDP, 4:07-cv-00416-CDP, 4:07-cv-01773-CDP, 4:07-cv-01795-CDP, 4:08-cv-01545-CDP(CBL)
August 2, 2011 Filing 53 SEALED DOCUMENT re #44 MOTION for Partial Summary Judgment on Defenses 6 and 8 Plaintiffs' Reply Brief in Support of Motion for Partial Summary Judgment on Defendants' Affirmative Defenses Nos. 6 and 8 by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
August 2, 2011 Filing 52 SEALED DOCUMENT re #41 MOTION for Partial Summary Judgment on Defenses 4 and 14 Plaintiffs' Reply Brief in Support of Motion for Partial Summary Judgment on Defendants' Affirmative Defenses Nos. 4 and 14 by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
August 2, 2011 Filing 51 SEALED DOCUMENT Plaintiffs' Response to the Bayer Defendants' Additional Statement of Facts that Preclude Summary Judgment on Gulf Pacific's Mitigation of Damages, and Second Statement of Additional Undisputed Facts by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(York, Andrew)
July 19, 2011 Filing 50 RESPONSE to Motion re #44 MOTION for Partial Summary Judgment on Defenses 6 and 8, #41 MOTION for Partial Summary Judgment on Defenses 4 and 14 and pending motions for summary judgment filed by Defendant Starlink Logistics, Inc.. (Mascari, Pamela)
July 19, 2011 Filing 49 SEALED DOCUMENT Response to the Bayer Defendants' Statement of Undisputed Facts in Support of Consolidated Motion for Summary Jugment on Gulf Pacific Rice's Claims and Statement of Additional Disputed Facts by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(York, Andrew)
July 19, 2011 Filing 48 SEALED DOCUMENT Memorandum in Opposition to the Bayer Defendants' Motion for Summary Judgment by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
July 19, 2011 Filing 47 MOTION for Leave to Exceed Page Limit Under E.D. Mo. L.R. 4.01(D) by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
June 14, 2011 Filing 46 STATEMENT of Material Facts re #44 MOTION for Partial Summary Judgment on Defenses 6 and 8 filed by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit 1 to Statement of Facts, #2 Exhibit 2 to Statement of Facts, #3 Exhibit 3 to Statement of Facts)(York, Andrew)
June 14, 2011 Filing 45 MEMORANDUM in Support of Motion re #44 MOTION for Partial Summary Judgment on Defenses 6 and 8 filed by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
June 14, 2011 Filing 44 MOTION for Partial Summary Judgment on Defenses 6 and 8 by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
June 14, 2011 Filing 43 STATEMENT of Material Facts re #41 MOTION for Partial Summary Judgment on Defenses 4 and 14 filed by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit 1 to Statement of Facts, #2 Exhibit 2 to Statement of Facts, #3 Exhibit 3 to Statement of Facts, #4 Exhibit 4 to Statement of Facts, #5 Exhibit 5 to Statement of Facts, #6 Exhibit 6 to Statement of Facts, #7 Exhibit 7 to Statement of Facts, #8 Exhibit 8 to Statement of Facts)(York, Andrew)
June 14, 2011 Filing 42 MEMORANDUM in Support of Motion re #41 MOTION for Partial Summary Judgment on Defenses 4 and 14 filed by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
June 14, 2011 Filing 41 MOTION for Partial Summary Judgment on Defenses 4 and 14 by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
June 14, 2011 Filing 40 STIPULATION Joint Stipulation Concerning Various Motions for Summary Judgment and Motions to Exclude or Limit Expert Witness Testimony by Defendants Bayer AG, Bayer BioScience NV, Bayer Corporation, Bayer CropScience AG, Bayer CropScience Holding SA, Bayer CropScience, Inc., Bayer CropScience, LLC, Bayer Cropscience Holding, Inc., Bayer Cropscience, LP, Starlink Logistics, Inc., Stoneville Pedigreed Seed Company, Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit A to Joint Stipulation)(York, Andrew)
May 31, 2011 Filing 39 Interim MOTION for Extension of: Certain Deadlines for Certain Non-Producer Cases Under the First Amendment to Case Management Order No. 30 by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Chaney, William)
February 17, 2011 Filing 38 STATUS REPORT to Establish Trial Settings and Motion to Extend Deadlines by Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Chaney, William)
December 30, 2010 Filing 37 NOTICE Videotaped Deposition of Dr. Merrill Bateman: by Defendant Bayer CropScience LP Associated Cases: 4:06-md-01811-CDP et al.(Hughes, John)
November 30, 2010 Filing 36 NOTICE Videotaped Deposition of Dr. Merrill Bateman: by Defendant Bayer CropScience LP Associated Cases: 4:06-md-01811-CDP et al.(Hughes, John)
November 1, 2010 Filing 35 MEMORANDUM AND ORDER re:(3171 in 4:06-md-01811-CDP). IT IS HEREBY ORDERED that Bayer's motion to strike Dr. Bateman's addendum reports and his July 2, 2010 report [#3171] is DENIED. Signed by Honorable Catherine D. Perry on November 1, 2010. Associated Cases: 4:06-md-01811-CDP et al.(MGK)
October 20, 2010 Filing 34 ENTRY of Appearance by James W. Ribman for Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Ribman, James)
August 20, 2010 Filing 33 REPLY to Response to Motion re (3171 in 4:06-md-01811-CDP) SEALED MOTION and Memorandum in Support of Motion to Strike the July 2, 2010 Report of Dr. Bateman and Dr. Bateman's Addendum Reports, Filed Under Seal filed by Defendants Bayer AG, Bayer BioScience NV, Bayer Corporation, Bayer CropScience AG, Bayer CropScience Holding Inc., Bayer CropScience Inc., Bayer Cropscience LLC, Bayer Cropscience, LP. (Attachments: #1 Affidavit of John M. Hughes, #2 Exhibit A - May 14, 2010 emails between Hughes and Chaney, #3 Exhibit B - Jun 3, 2010 emails between Hughes and Chaney, #4 Exhibit C - Jul 02, 2010 emails between Hughes and Chaney, #5 Exhibit D - Jun 29, 2010 email from York to Hughes, #6 Exhibit E - Jul 2, 2010 email from York to Hughes)Associated Cases: 4:06-md-01811-CDP et al.(Houtz, Lester)
July 16, 2010 Filing 32 SEALED MOTION and Memorandum in Support of Motion to Strike the July 2, 2010 Report of Dr. Bateman and Dr. Bateman's Addendum Reports, Filed Under Seal by Defendants Bayer AG, Bayer BioScience NV, Bayer Corporation, Bayer CropScience AG, Bayer CropScience Holding Inc., Bayer CropScience Inc., Bayer Cropscience LLC, Bayer Cropscience, LP. (Attachments: #1 Exhibit A Oct Decl for Texana, #2 Exhibit B Nov Decl for Beaumont, #3 Exhibit C Sept Decl for Kennedy, #4 Exhibit D Sept Decl for Farmers, #5 Exhibit E Sept Decl for Planters, #6 Exhibit F Oct Decl for Gulf Pacific, #7 Exhibit G Part 1 Oct Decl for Phoenix, #8 Exhibit G Part 2 Oct Decl for Phoenix, #9 Exhibit H March Suppl to Beaumont, #10 Exhibit I March Suppl to Farmers, #11 Exhibit J March Suppl to Planters, #12 Exhibit K March Suppl to Gulf Pacific, #13 Exhibit L Bateman Econ Model Report, #14 Exhibit M Bateman Addendum, #15 Exhibit N Beaumont, #16 Exhibit O Bateman Addendum Other Reports, #17 Exhibit P Part 1 Planters Report, #18 Exhibit P Part 2 Planters Report, #19 Exhibit Q Part 1 Bateman Addendum, #20 Exhibit Q Part 2 Bateman Addendum, #21 Exhibit R Bateman 040809, #22 Exhibit S Bateman 040910, #23 Exhibit T DepEx 5198, #24 Exhibit U Expert Report Chase, #25 Exhibit V D Hall Report Texana)Associated Cases: 4:06-md-01811-CDP, 4:07-cv-01780-CDP, 4:08-cv-01545-CDP, 4:08-cv-01794-CDP(Hughes, John) Modified on 7/21/2010 (MCB).
May 27, 2010 Filing 31 Docket Text ORDER: Re: (2917 in 4:06-md-01811-CDP) Joint MOTION to Amend/Correct Certain Non-Producer Deadlines filed by Bayer CropScience, LLC, Bayer CropScience, Inc., Bayer CropScience AG, Bayer BioScience NV, Bayer AG, Bayer Cropscience Holding, Inc., Bayer CropScience LP ; ORDERED GRANTED: The discovery deadline in the Veetee case will continue to be governed by CMO 21. In all other cases listed above, the parties shall complete fact and expert discovery no later than July 23, 2010. Any motions to dismiss, for summary judgment, motions for judgment on the pleadings, or motions to exclude or limit expert testimony under Daubert or for any other reason shall be filed no later than August 6, 2010. Opposition briefs shall be filed no later than September 3, 2010 and any reply brief shall be filed no later than September 17, 2010.Signed by Honorable Catherine D. Perry on May 27, 2010. Associated Cases: 4:06-md-01811, 4:07cv457, 4:07cv416, 4:07cv524, 4:07cv1211, 4:07cv1773, 4:07cv1780, 4:07cv1795, 4:08cv499, 4:08cv500 and 4:08cv1545.(MCB)
May 6, 2010 Filing 30 NOTICE OF VIDEOTAPED 30(b)(6) DEPOSITION OF GULF PACIFIC RICE CO., INC.: by Defendants Bayer CropScience LP, Bayer Cropscience, LP Associated Cases: 4:06-md-01811-CDP, 4:08-cv-01545-CDP(Hughes, John)
May 6, 2010 Filing 29 NOTICE OF VIDEOTAPED DEPOSITIONS: by Defendants Bayer CropScience LP, Bayer Cropscience, LP Associated Cases: 4:06-md-01811-CDP, 4:08-cv-01545-CDP(Hughes, John)
April 15, 2010 Filing 28 SECOND AMENDMENT TO CASE MANAGEMENT ORDER No. 20 (2762 in 4:06-md-01811-CDP) IT IS HEREBY ORDERED that the joint motion to amend 2762 certain deadlines in CMO 20 is granted, and the deadlines regarding the non-producer cases listed above are modified as follows: a. The parties shall complete fact discovery no later than June 18, 2010. b. Any motions to dismiss, for summary judgment, motions for judgment on the pleadings, or Daubert motions or other motions to exclude or limit expert testimony must be filed no later than July 16, 2010. Opposition briefs shall be filed no later than 30 days thereafter or August 16, 2010 and any reply brief shall be filed no later than 14 days thereafter or August 30, 2010. Signed by Honorable Catherine D. Perry on April 15, 2010. Associated Cases: 4:06-md-01811-CDP, 4:07CV416, 4:07CV524, 4:07CV1293, 4:07CV1773, 4:07cv1780, 4:07cv1795, 4:08CV1545 and 4:08CV1794.(MCB)
October 12, 2009 Filing 27 NOTICE Disclosure of Expert Testimony: by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc. (York, Andrew)
March 12, 2009 Filing 26 CASE MANAGEMENT ORDER No. 16 IT IS HEREBY ORDERED that the following supplemental schedule will apply and will be modified only upon a showing of exceptional circumstances: I. MODIFICATION OF PREVIOUS CMOs REGARDING DISCOVERY IN AND MOTIONS IN PRODUCER TRIAL POOL CASES This Order contains modifications of certain deadlines previously set. Lead counsel are reminded, however, that the discovery deadlines set out here and in CMOs 11 and 14 govern all thirty-four initial trial pool cases. This means that all discovery, both fact and expert, in the twenty Missouri and Arkansas initial trial pool cases will be completed by August 14, 2009 (the last deadline in CMO #110. All discovery, both fact and expert, in all fourteen initial trial pool cases from Louisiana, Texas and Mississippi will be completed by September 25, 2009 (the last deadline in CMO #14). Dispositive and Daubert motions in the four Missouri and Arkansas initial trial pool cases selected by the parties for the first two trial will be filed by Aug. 10, 2009 and will be fully briefed by Oct. 2, 2009. I will notify the parties by Sept. 2, 2009 of the order of the first two bellwether trials. Under this order, I will notify the parties of my selection of the cases for the third bellwether trial before the Daubert and summary judgment motions have been filed, and the motion deadlines for the third, fourth and fifth producer bellwether trials will be phased. 1. Fact discovery in all initial trial pool cases shall be completed by May 15, 2009. 2. Expert discovery regarding issues of individual damages in the Missouri and Arkasas initial trial pool cases is extended as set out here. All other expert discovery in these cases remains as set forth in CMO #11. As to individual damages issues only, Missouri and Arkasas Initial Trial Pool plaintiffs must disclose expert witnesses and provide the reports required by 26(a)(2), no later than May 22, 2009 and shall make expert witnesses available for depositions, and have depositions completed, no later than June 12, 2009. Defts must disclose expert witnesses and provide the reports no later than June 26, 2009 and shall make expert witnesses available for depositions, and have depositions completed, no later then July 17, 2009. The deadlines for any rebuttal expert witnesses remains the same as set out in CMO #11. 3. Expert discovery in the Louisiana, Texas and Mississippi initial trial pool cases remains as set by CMO #14. 4. Selection of Cases for Third Bellwether Trial: the third bellwether trial will begin on January 11, 2010, except that CMO #14 is modified to provide that lead counsel shall file their selections of the six cases no later than July 24, 2009. I will notify the parties of my selection of the third bellwether trial no later than Aug. 5, 2009. 5. Dispositive and Daubert Motions for Third Bellwether Trial: The parties must file any motions for summary judgment or motions to exclude or limit expert testimony under Dauber or for any other reason by Oct. 15, 2009. Briefs in oppositon must be filed by Nov. 13, 2009, and reply briefs must be filed by Nov. 30, 2009. 6. Fourth and Fifth Producer Bellwether Trials: The fourth and fifth producer bellwether triall will be scheduled for May and June of 2010. II OTHER PRODUCER CASES TO BE TRIAL IN THIS DISTRICT 1. Other Initial Trial Pool Cases: The schedule set out above and in the previous CMOs means that there will be twenty-four Initial Trial Pool cases remaining for trial All discovery will be completed in all these cases. I expect the trial of these cases to begin in July 2010. 2. Other Cases filed here or with Lexecon Waivers: Following the completion of the third bellwether trial in Jan. of 2010, I will discuss with counsel the schedule for the remaining cases to be tried in this district. III. PRODUCER CASES TO REMANDED TO TRANSFEROR DISTRICTS. Producer cases in which no Lexecon waivers have been filed will be remanded to their transferor districts once pretrial proceedings have been completed. 1. First Group of Cases to be Remanded: No later than April 10, 2009, lead counsel from each side will select ten cases from each of the following originating districts: Eastern District of Arkansas, Western District of Louisiana, and Southern District of Texas. Each side will thus select 30 cases for a total of 60 in this first group. a. for cases in this group, amendments of pleadings shall be due no later than May 1, 2009. b. case speciific written discovery and notices of depositions my be served on or after May 2, 2009. All case-specific fact discovery shall be completed no later than Jan. 15, 2010. c. pltfs shall disclose witnesses and reports no later than Feb. 5, 2010 and shall make expert witnesses available no later than Feb. 19, 2020. d. defts shall disclose witnesses and reports no later than March 5, 2010 and shall have expert witnesses available no later than March 19, 2010. e. all discovery shall be completed no later than March 19, 2010. f. any motions for summary judgment or motions to exclude or limit expert testimony under Daubert or for any other reason must be filed no later than April 12, 2010. Brief in opposition file by April 30, 2010 and reply brief no later than May 14, 2010. 2. Second Group of Cases to be remended: No later than November 2, 2009, lead counsel from each side will select an additional ten cases from each of the following originating districts: Eastern District of Arkansas, Western District of Louisiana, and Southern District of Texas. Each side will thus select 30 cases for a total of 60 in this second group. a. For cases in this group, amendments of pleadings shall be dueno later than Nov. 23, 2009. b. Case-specific written discovery and notices of deposition related to these plaintiffs' claims may be served on or after Dec. 18, 2009. All case-specific fact discovery shall be completed no later than Aug. 20, 2010. c. Plaintiffs shall disclose expert witnesses related to issues of individual damages and provide the reports required by 26(a)(2), no later than Sept. 10, 2010, and shall make these expert witnesses available for depositions, and have depositions completed, no later than Sept. 24, 2010. d. Defendants shall disclose expert witnesses related to issues of individual damages and provide the reports required by 26(a)(2), no later than Oct. 8, 2010, and shall make these expert witnesses available for depositions, and have depositions completed, no later than Oct. 22, 2010. e. All discovery shall be completed no later than Oct. 22, 2010. f. Any motions for summary judgment or motions to exclude or limit expert testimony under Dauber or for any other reason must be filed no later than Nov. 5, 2010. Briefs in opposition must be filed by Dec. 3, 2010 and reply briefs no later than Dec.17, 2010. 3. Remaining cases will be handled in a similar manner using a schedule to be determined at a later date. IV. DISPUTE REGARDING SCHEDULE IN NON-PRODUCER CASES Certain parties have requested modifications of the deadlines for non-Producer cases. The parties to Riviana Foods Inc. v. Bayer AG et al., Case No. 4:06MD1811CDP, which has been selected and set for a bellwether trial in this district on April 19, 2010, have agreed on changes to the schedule for that case. In the other non-producer cases, modifications have been requested by some parties, but objected to by other parties. I have reviewed the parties submissions, and believe that the requested extensions are in the interests of justice and will not prejudice the objecting parties. Therefore, the deadlines in Riviana are modified, and the deadlines in CMO # 9, which apply to all other non-producer cases, are also modified, as follows: 1. Riviana, Case No. 4:08CV375: a. Expert Discovery: Riviana's expert disclosures under 26(a) shall be made no later than Aug. 3, 2009, and the depositions of these witnesses shall be completed no later than Sept. 1, 2009. Defendants' expert disclosures under 26(a) shall be made no later than Sept. 29, 2009, and the depositions of these witnesses shall be completed no later than Oct. 26, 2009. b. Fact Discovery: All fact discovery directed to any party other than the Bayer defendants shall be completed by Oct. 26, 2009. Fact discovery directed to the Bayer defendants (other than requests for admissions as discussed in the following paragraph) shall be completed by May 15, 2009. c. Requests for Admissions: Any party desiring to serve requests for admissions upon any other party to this case shall do so no later thanSept. 28, 2010. d. Dispositive and Daubert Motions: Any motions to dismiss, for summary judgment, motions for judgment on the pleadings, or Daubert motions or other motions to exclude or limit expert testimony must be filed no later than Dec. 10, 2009. Opposition briefs shall be filed no later than Jan. 11, 2010 and any reply brief shall be filed no later than Feb. 2, 2010. e. Trial: This case is set for trial on April 19, 2010. Pretrial submissions will be due on April 1, 2010, and the court will, by later order, provide a specific list of pretrial submissions required. 2. Non-Producer Cases Governed by CMO # 9 a. Expert Discovery: Plaintiffs' expert disclosures under 26(a) shall be made no later than Sept. 28, 2009, and the depositions of these witnesses shall be completed no later than Oct. 26, 2009. Defendants' expert disclosures under 26(a) shall be made no later than Nov. 23, 2009, and the depositions of these witnesses shall be completed no later than Dec. 21, 2009. Plaintiffs' rebuttal expert disclosures shall be made no later than Jan.11, 2010, and the depositions of these witnesses shall be completed no later than Jan. 25, 2010. b. Fact Discovery: The parties shall complete fact discovery directed to the Bayer Defendants (other than requests for admissions as discussed in the following paragraph) no later than May 15, 2009, and they shall complete all other discovery no later than Jan. 25, 2009. c. Requests for Admissions: All requests for admissions must be served no later than Dec. 23, 2009. d. Any motions to dismiss, for summary judgment, motions forjudgment on the pleadings, or Daubert motions or other motions to exclude orlimit expert testimony must be fil
March 3, 2009 Filing 25 REDACTION to #23 Sealed Document Answer and Defenses to First Amended Complaint by Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG. (Brown, Lindy)
March 3, 2009 Filing 24 REDACTION to #22 Sealed Document, Answer and Defenses to First Amended Complaint by Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Brown, Lindy)
March 2, 2009 Filing 23 SEALED DOCUMENT re #18 Sealed Document Answer and Defenses to First Amended Complaint by Defendants Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG. (Brown, Lindy)
March 2, 2009 Filing 22 SEALED DOCUMENT re #18 Sealed Document Answer and Defenses to First Amended Complaint by Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Brown, Lindy)
February 17, 2009 Filing 21 FIRST AMENDED COMPLAINT against defendant Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG, Starlink Logistics, Inc., Bayer Cropscience, LP, Bayer CropScience, Inc. Amendment to #1 Complaint, #18 Sealed Document, #20 Redacted Document, filed by Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. Related document: #1 Complaint, filed by Harvest Rice, Inc., Gulf Rice Milling, Inc., Gulf Pacific Rice Co., Inc., #18 Sealed Document filed by Harvest Rice, Inc., Gulf Rice Milling, Inc., Gulf Pacific Rice Co., Inc., #20 Redacted Document filed by Harvest Rice, Inc., Gulf Rice Milling, Inc., Gulf Pacific Rice Co., Inc..(SEE DOCUMENT #20 FOR REDACTED FIRST AMENDED COMPLAINT.(MCB)
February 17, 2009 Filing 20 REDACTION to #18 Sealed Document Plaintiffs' First Amended Complaint by Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
February 16, 2009 Filing 19 NOTICE Lexecon Waiver: by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc. (Attachments: #1 Exhibit)(York, Andrew)
February 16, 2009 Filing 18 SEALED DOCUMENT Plaintiff's First Amended Complaint by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
February 10, 2009 Filing 17 REPLY to Response to Motion re (1047 in 4:06-md-01811-CDP) MOTION to Compel Riceland Foods, Inc. to produce hedging information filed by Defendant Riceland Foods, Inc.. Associated Cases: 4:06-md-01811-CDP et al.(Hohn, Christopher)
February 6, 2009 Filing 16 ANSWER to #1 Complaint, by Bayer BioScience NV, Bayer CropScience Holding SA, Bayer CropScience AG, Bayer AG.(Brown, Lindy)
January 30, 2009 Filing 15 NOTICE of Plaintiffs' Efforts to Effectuate Service on Foreign Defendants: by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc. (York, Andrew)
January 6, 2009 Filing 14 ENTRY of Appearance by Lindy D. Brown for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Brown, Lindy)
January 6, 2009 Filing 13 ENTRY of Appearance by Douglas J. Gunn for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc. (Gunn, Douglas) Entry of Appearance for Lindy Brown mistakenly filed with Douglas Gunn's login/password, please refer to #14 Entry of Appearance correctly filed by Lindy Brown, text modified on 1/7/2009 (KLH).
January 6, 2009 Filing 12 ENTRY of Appearance by Douglas J. Gunn for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Gunn, Douglas)
January 5, 2009 Filing 11 ENTRY of Appearance by John M. Hughes for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Hughes, John)
January 5, 2009 Filing 10 ENTRY of Appearance by Eric R. Olson for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Olson, Eric)
December 24, 2008 Filing 9 ENTRY of Appearance by Terry R. Lueckenhoff for Defendants Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc.. (Lueckenhoff, Terry)
December 18, 2008 Opinion or Order ORDER RECEIPT: (see receipt) Thu Dec 18 08:49:51 CST 2008 (Hisaw, Kari)
December 17, 2008 Docket Text ORDER: Re: #8 Unopposed Motion for Extension of Time to Amend Pleadings and File Lexecon Waiver ; ORDERED GRANTED. Signed by Honorable Catherine D. Perry on 12/17/08. (CDP)
December 16, 2008 Filing 8 MOTION for Extension of Time to Amend Unopposed Motion and Memorandum in Support of Motion for Extension of Time to Amend Pleadings and File Lexecon Waiver by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(York, Andrew)
November 14, 2008 Filing 7 NOTICE dOral Deposition of David Hodges, Jr.: by Plaintiffs Rickmers Reismuehle GmbH, Rickmers Reismuehle GmbH Associated Cases: 4:06-md-01811-CDP et al.(Baker, John)
October 17, 2008 Filing 6 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
October 17, 2008 Filing 5 ENTRY of Appearance by Andrew K. York for Plaintiffs Gulf Pacific Rice Co., Inc., Gulf Rice Milling, Inc., Harvest Rice, Inc.. (York, Andrew)
October 7, 2008 Filing 4 CONDITIONAL TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from the Southern District of Texas(Victoria), 4:08cv02505. (Attachments: #1 Document 2, #2 Document 5, #3 Document 6, #4 Document 7, #5 Docket Sheet)(SAJ)
October 7, 2008 Filing 3 ANSWER to #1 Complaint, filed in the Southern District of Texas(Victoria), 4:08cv02505 by Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer Cropscience, LP, Bayer CropScience, Inc..(SAJ)
October 7, 2008 Filing 2 ANSWER to #1 Complaint, filed in the Southern District of Texas(Victoria), 4:08cv02505 by Starlink Logistics, Inc..(SAJ)
October 7, 2008 Filing 1 COMPLAINT against defendant Bayer Cropscience Holding, Inc., Bayer CropScience, LLC, Bayer Corporation, Stoneville Pedigreed Seed Company, Bayer BioScience NV, Bayer Cropscience, LP, Bayer CropScience, Inc. Jury Demand, filed in the Southern District of Texas(Houston), 4:08cv02505 by Gulf Pacific Rice Co., Inc., Gulf Milling Rice, Inc., Harvest Rice, Inc..(SAJ)

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Plaintiff: Gulf Pacific Rice Co., Inc.
Represented By: Andrew K. York
Represented By: James W. Ribman
Represented By: William B. Chaney
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Plaintiff: Gulf Rice Milling, Inc.
Represented By: Andrew K. York
Represented By: James W. Ribman
Represented By: William B. Chaney
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Plaintiff: Harvest Rice, Inc.
Represented By: Andrew K. York
Represented By: James W. Ribman
Represented By: William B. Chaney
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Defendant: Bayer Cropscience, LP
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Katherine L.I. Hacker
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Bayer CropScience, Inc.
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Katherine L.I. Hacker
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Bayer Cropscience Holding, Inc.
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Katherine L.I. Hacker
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Bayer CropScience, LLC
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Katherine L.I. Hacker
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Bayer Corporation
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Katherine L.I. Hacker
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Stoneville Pedigreed Seed Company
Represented By: Charles J. Rother
Represented By: Douglas J. Gunn
Represented By: Eric R. Olson
Represented By: John M. Hughes
Represented By: Lindy D. Brown
Represented By: Terry R. Lueckenhoff
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Defendant: Bayer BioScience NV
Represented By: Lindy D. Brown
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Defendant: Bayer CropScience Holding SA
Represented By: Lindy D. Brown
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Defendant: Bayer CropScience AG
Represented By: Lindy D. Brown
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Defendant: Bayer AG
Represented By: Lindy D. Brown
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Defendant: Starlink Logistics, Inc.
Represented By: Charles W. Schwartz
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