Flaten v. Bayer Cropscience LP et al
| Dan Flaten |
| Corteva, Inc., Federated Co-Operatives Ltd., Cargill Incorporated, BASF Corporation, CHS Inc., Growmark Inc., Tenkoz Inc., Nutrien Ag Solutions, Inc., Simplot AB Retail Sub, Inc., Univar Solutions, Inc., Winfield Solutions, LLC, Bayer CropScience L.P., Bayer CropScience Inc, Syngenta Corporation, Growmark FS, LLC and Pioneer Hi-Bred International, Inc. |
| 4:2021cv00663 |
| June 10, 2021 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Sarah E Pitlyk |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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| Filing 80 IN RE: CROP INPUTS ANTITRUST LITIGATION MDL No. 2993 - ORDER REASSIGNING LITIGATION - The Panel has been notified of the need to reassign the above litigation to another judge in the Eastern District of Missouri. IT IS THEREFORE ORDERED that, with the consent of that court, this litigation is reassigned to the Honorable Sarah E. Pitlyk, for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. Judge, Karen K. CaldwellChair of the Panel. Associated Cases: 4:21-md-02993-SRC et al.(DLB) |
| Case Opening Notification: Judge Assigned: Honorable Stephen R. Clark. Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (DJO) |
| Judge Clark enters a Standing Order in all of his cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/stephen-r-clark (CLO) |
| Filing 79 Case transferred in from District of Minnesota; Case Number 0:21-cv-00404. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. (DJO) |
| Filing 78 FILED IN ERROR: (Text-Only) CLERK'S NOTICE: This case has been transferred/extracted to the Southern District of Illinois. (kt) Modified text on 6/9/2021 (kt). |
| Filing 77 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER transferring case to the Eastern District of Missouri per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Stephen R. Clark, Sr. (kt) Modified text on 6/9/2021 (kt). |
Filing 76
TEXT-ONLY ORDER in Response to #75 Letter to Magistrate Judge. With the permission of presiding District Judge Michael J. Davis, and in response to #75 the parties' letter reflecting their agreement and intention that Defendant Pioneer Hi-Bred International, Inc. was to be added as a defendant in this matter with the filing of the Consolidated Amended Class Action Complaint, the Clerk of Court is directed to add Defendant Pioneer Hi-Bred International, Inc. as a defendant in this matter. This matter remains stayed pursuant to #69 the May 5, 2021 Order of Judge Davis staying all proceedings and deadlines, including but not limited to the filing of additional motions. Ordered by Magistrate Judge Tony N. Leung on 5/26/2021. (EB)
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| Filing 75 LETTER TO MAGISTRATE JUDGE by Dan Flaten . (Nordin, Daniel) |
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Filing 74
TEXT ONLY ENTRY: ORDER granting #70 Motion for Admission Pro Hac Vice of Attorney Adam C. Hemlock for BASF Corporation.; granting #71 Motion for Admission Pro Hac Vice of Attorney David J. Lender for BASF Corporation.; granting #72 Motion for Admission Pro Hac Vice of Attorney Lara Bach for BASF Corporation. Approved by Magistrate Judge Tony N. Leung on 5/6/2021. (JGK)
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Filing 73
TEXT ONLY ENTRY: ORDER granting #60 Motion for Admission Pro Hac Vice of Attorney Kathy Osborn for CHS Inc.. Approved by Magistrate Judge Tony N. Leung on 5/6/2021. (JGK)
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| Filing 72 MOTION for Admission Pro Hac Vice for Attorney Lara Bach. Filing fee $ 100, receipt number AMNDC-8729808 filed by BASF Corporation. (Fee, Mary) |
| Filing 71 MOTION for Admission Pro Hac Vice for Attorney David Lender. Filing fee $ 100, receipt number AMNDC-8729799 filed by BASF Corporation. (Fee, Mary) |
| Filing 70 MOTION for Admission Pro Hac Vice for Attorney Adam Hemlock. Filing fee $ 100, receipt number AMNDC-8729794 filed by BASF Corporation. (Fee, Mary) |
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Filing 69
ORDER STAYING CASE. IT IS HEREBY ORDERED: All proceedings and deadlines in the above-captioned cases are STAYED until ten days after the Judicial Panel on Multidistrict Litigation determines whether to transfer these actions to an MDL proceeding and completes any transfer of the action pursuant to 28 U.S.C. 1407. See In re Crop Inputs Antitrust Litig., MDL No. 2993. Signed by Judge Michael J. Davis on 5/5/2021.Associated Cases: 0:21-cv-00351-MJD-TNL et al.(GRR)
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| Filing 68 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Simplot AB Retail Sub, Inc.. (Dufresne, Andrew) |
| Filing 67 NOTICE of Appearance by Andrew Thomas Dufresne on behalf of Simplot AB Retail Sub, Inc.. (Dufresne, Andrew) |
| Filing 66 PROPOSED ORDER TO JUDGE re #61 MOTION to Dismiss for Lack of Jurisdiction filed by Federated Co-Operatives Ltd..(Hulse, Benjamin) |
| Filing 65 MEET and CONFER STATEMENT re #61 Motion to Dismiss/Lack of Jurisdiction filed by Federated Co-Operatives Ltd..(Hulse, Benjamin) |
| Filing 64 Declaration of Anthony Van Burgsteden in Support of #61 MOTION to Dismiss for Lack of Jurisdiction filed by Federated Co-Operatives Ltd.. (Attachments: #1 Exhibit(s) A)(Hulse, Benjamin) |
| Filing 63 MEMORANDUM in Support re #61 MOTION to Dismiss for Lack of Jurisdiction filed by Federated Co-Operatives Ltd.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulse, Benjamin) |
| Filing 62 NOTICE OF HEARING ON MOTION #61 MOTION to Dismiss for Lack of Jurisdiction : Date and time to be determined. (Hulse, Benjamin) |
| Filing 61 MOTION to Dismiss for Lack of Jurisdiction filed by Federated Co-Operatives Ltd.. (Hulse, Benjamin) |
| Filing 60 MOTION for Admission Pro Hac Vice for Attorney Kathy L. Osborn. Filing fee $ 100, receipt number AMNDC-8728730 filed by CHS Inc.. (Chow, Emily) |
| Filing 59 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Nutrien AG Solutions Inc.. (Westerman, Luke) |
| Filing 58 NOTICE of Appearance by Luke Westerman on behalf of Nutrien AG Solutions Inc.. (Westerman, Luke) |
| Filing 57 NOTICE of Appearance by Peter J Schwingler on behalf of Univar Solutions, Inc.. (Schwingler, Peter) |
| Filing 56 NOTICE of Appearance by Jon M. Woodruff on behalf of Univar Solutions, Inc.. (Woodruff, Jon) |
| Filing 55 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Syngenta Corporation. (Long, James) |
| Filing 54 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant BASF Corporation. (Wind, Todd) |
| Filing 53 NOTICE of Appearance by Todd A Wind on behalf of BASF Corporation. (Wind, Todd) |
| Filing 52 NOTICE of Appearance by Mary Fee on behalf of BASF Corporation. (Fee, Mary) |
| Filing 51 NOTICE of Appearance by Jevon Bindman on behalf of Syngenta Corporation. (Bindman, Jevon) |
| Filing 50 LETTER TO DISTRICT JUDGE by Dan Flaten Plaintiff's Response to Defendants' Letter #45 . (Looby, Michelle) |
| Filing 49 PROPOSED ORDER TO JUDGE re #48 Stipulation. (Stilson, Jaime) |
| Filing 48 STIPULATION re Pretrial Order No. 1 by Growmark FS, LLC, Growmark Inc.. Jointly Signed by All parties. (Stilson, Jaime) |
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Filing 47
ORDER in Response to (47 in 0:21-cv-00543-MJD-TNL) Letter to District Judge, (25 in 0:21-cv-00970-MJD-TNL) Letter to District Judge, (24 in 0:21-cv-00996-MJD-TNL) Letter to District Judge, (40 in 0:21-cv-00681-MJD-TNL) Letter to District Judge, (40 in 0:21-cv-00719-MJD-TNL) Letter to District Judge, (63 in 0:21-cv-00433-MJD-TNL) Letter to District Judge, (92 in 0:21-cv-00351-MJD-TNL) Letter to District Judge, (45 in 0:21-cv-00404-MJD-TNL) Letter to District Judge, (41 in 0:21-cv-00685-MJD-TNL) Letter to District Judge, (58 in 0:21-cv-00475-MJD-TNL) Letter to District Judge, (48 in 0:21-cv-00462-MJD-TNL) Letter to District Judge, (44 in 0:21-cv-00639-MJD-TNL) Letter to District Judge. IT IS HEREBY ORDERED: 1. Plaintiffs may file a letter response to Defendants' letter by Monday, May 2, 2021. 2. If the parties are unable to agree on the scheduling or procedure governing the anticipated omnibus motion to transfer and the status of the pending individual motions to transfer venue, the parties shall direct those disagreements to Magistrate Judge Leung for a ruling. Signed by Judge Michael J. Davis on 4/30/2021.Associated Cases: 0:21-cv-00351-MJD-TNL et al.(GRR)
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| Filing 46 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Tenkoz, Inc.. (Hashmall, David) |
| Filing 45 LETTER TO DISTRICT JUDGE by Bayer Cropscience LP, Bayer Cropscience, Inc. Regarding Venue Motions. (Jensen, Richard) |
| Filing 44 NOTICE of Appearance by David L Hashmall on behalf of Tenkoz, Inc.. (Hashmall, David) |
| Filing 43 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Winfield Solutions, LLC. (Miesen, Jonathan) |
| Filing 42 NOTICE of Appearance by Jonathan C Miesen on behalf of Winfield Solutions, LLC. (Miesen, Jonathan) |
| Filing 41 NOTICE of Appearance by Davida Sheri McGhee on behalf of Cargill Incorporated. (McGhee, Davida) |
| Filing 40 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Cargill Incorporated. (Zhao, X.) |
| Filing 39 NOTICE of Appearance by X. Kevin Zhao on behalf of Cargill Incorporated. (Zhao, X.) |
| Filing 38 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Corteva, Inc.. (Vehrs, Karla) |
| Filing 37 NOTICE of Appearance by Karla M Vehrs on behalf of Corteva, Inc.. (Vehrs, Karla) |
| Filing 36 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant CHS Inc.. (Chow, Emily) |
| Filing 35 NOTICE of Appearance by Emily Elizabeth Chow on behalf of CHS Inc.. (Chow, Emily) |
| Filing 34 AMENDED COMPLAINT Consolidated Amended Class Action Complaint against BASF Corporation, Bayer Cropscience LP, Bayer Cropscience, Inc., CHS Inc., Cargill Incorporated, Corteva, Inc., Federated Co-Operatives Ltd., Growmark FS, LLC, Growmark Inc., Nutrien AG Solutions Inc., Simplot AB Retail Sub, Inc., Syngenta Corporation, Tenkoz, Inc., Univar Solutions, Inc., Winfield Solutions, LLC. filed by Dan Flaten. No summons requested. (Gustafson, Daniel) |
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Filing 33
ORDER granting #31 Motion. See Order for additional details and deadlines. Signed by Magistrate Judge Tony N. Leung on 4/20/2021. (EB)
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| Filing 32 PROPOSED ORDER TO JUDGE re TO SET RESPONSE DEADLINES AND BRIEFING SCHEDULE. (Stilson, Jaime) |
| Filing 31 Joint MOTION TO SET RESPONSE DEADLINES AND BRIEFING SCHEDULE filed by Growmark FS, LLC, Growmark Inc.. (Stilson, Jaime) |
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Filing 30
ORDER granting #28 Motion for Extension of Time. Signed by Magistrate Judge Tony N. Leung on 4/6/2021. (EB)
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| Filing 29 PROPOSED ORDER TO JUDGE re #28 Motion for Extension of Time (General). (Stilson, Jaime) |
| Filing 28 Joint MOTION for Extension of Time filed by Growmark FS, LLC, Growmark Inc.. (Stilson, Jaime) |
| Filing 27 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Federated Co-Operatives Ltd.. (Hulse, Benjamin) |
| Filing 26 NOTICE of Appearance by Benjamin W Hulse on behalf of Federated Co-Operatives Ltd.. (Hulse, Benjamin) |
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Filing 25
ORDER granting #23 Motion for Extension of Time. Signed by Magistrate Judge Tony N. Leung on 3/15/2021. (HAM)
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| Filing 24 PROPOSED ORDER TO JUDGE re Joint Motion to Extend Response Deadlines #23 Motion for Extension of Time (General). (Lindsay, Michael) |
| Filing 23 Joint MOTION for Extension of Time filed by Growmark FS, LLC, Growmark Inc.. (Lindsay, Michael) |
| Filing 22 PROPOSED ORDER TO JUDGE re #17 MOTION to Transfer/Change Venue filed by Bayer Cropscience LP, Bayer Cropscience, Inc..(Jensen, Richard) |
| Filing 21 MEET and CONFER STATEMENT re #17 Motion to Transfer/Change Venue filed by Bayer Cropscience LP, Bayer Cropscience, Inc..(Jensen, Richard) |
| Filing 20 Declaration of Keith Abrams in Support of #17 MOTION to Transfer/Change Venue filed by Bayer Cropscience LP, Bayer Cropscience, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)(Jensen, Richard) |
| Filing 19 MEMORANDUM in Support re #17 MOTION to Transfer/Change Venue filed by Bayer Cropscience LP, Bayer Cropscience, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Jensen, Richard) |
| Filing 18 NOTICE OF HEARING ON MOTION #17 MOTION to Transfer/Change Venue : Date and time to be determined. (Jensen, Richard) |
| Filing 17 MOTION to Transfer/Change Venue filed by Bayer Cropscience LP, Bayer Cropscience, Inc.. (Jensen, Richard) |
| Filing 16 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendants Bayer Cropscience LP, Bayer Cropscience, Inc.. (Jensen, Richard) |
| Filing 15 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendants Bayer Cropscience LP, Bayer Cropscience, Inc.. (Jensen, Richard) |
| Filing 14 NOTICE of Appearance by Richard G Jensen on behalf of Bayer Cropscience LP, Bayer Cropscience, Inc.. (Jensen, Richard) |
| Filing 13 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Growmark FS, LLC. (Ralph, F) |
| Filing 12 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Growmark Inc.. (Ralph, F) |
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Filing 11
ORDER granting #9 Motion for Extension of Time to Answer. Signed by Magistrate Judge Tony N. Leung on 3/2/2021. (HAM)
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| Filing 10 PROPOSED ORDER TO JUDGE re [9 ] Joint Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint. (Stilson, Jaime) |
| Filing 9 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Growmark FS, LLC, Growmark Inc.. (Stilson, Jaime) |
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Filing 8
TEXT ONLY ENTRY: ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Richard M Paul, III for Dan Flaten. Approved by Magistrate Judge Tony N. Leung on 2/17/2021. (NAH)
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Filing 7
ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASES. This case is reassigned to Judge Michael J. Davis and Magistrate Judge Tony N. Leung for all further proceedings. Judge Nancy E. Brasel, Magistrate Judge Hildy Bowbeer no longer assigned to case. NOTE: the new case number is 21-cv-404 (MJD/TNL). Please use this case number for all subsequent pleadings. Signed by Judge Michael J. Davis and Judge Nancy E. Brasel on 2/16/2021. (lmb)
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| Filing 6 MOTION for Admission Pro Hac Vice for Attorney Richard M. Paul III. Filing fee $ 100, receipt number AMNDC-8494147 filed by Dan Flaten. (Looby, Michelle) |
| Filing 5 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Richard M. Paul III, Ashlea G. Schwarz as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MKB) |
| Filing 4 Summons Issued as to Simplot AB Retail Sub, Inc., Syngenta Corporation, Tenkoz, Inc., Univar Solutions, Inc., Winfield Solutions, LLC. (lmb) |
| Filing 3 Summons Issued as to BASF Corporation, Bayer Cropscience LP, Bayer Cropscience, Inc., CHS Inc., Cargill Incorporated, Corteva, Inc., Federated Co-Operatives Ltd., Growmark FS, LLC, Growmark Inc., Nutrien AG Solutions Inc. (lmb) |
| Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Antitrust, Securities) list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 21-cv-404 (NEB/HB). (lmb) |
| Filing 1 COMPLAINT Class Action against BASF Corporation, Bayer Cropscience LP, Bayer Cropscience, Inc., CHS Inc., Cargill Incorporated, Corteva, Inc., Federated Co-Operatives Ltd., Growmark FS, LLC, Growmark Inc., Nutrien AG Solutions Inc., Simplot AB Retail Sub, Inc., Syngenta Corporation, Tenkoz, Inc., Univar Solutions, Inc., Winfield Solutions, LLC (filing fee $402, receipt number AMNDC-8485048) filed by Dan Flaten. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Gustafson, Daniel) Modified text on 2/11/2021 (lmb). |
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