IN RE: CROP PROTECTION PRODUCTS LOYALTY PROGRAM AGREEMENTS ANTITRUST LITIGATION
| JUSTIN W. JENKINS |
| CORTEVA, INC., SYNGENTA CROP PROTECTION AG, SYNGENTA CORPORATION, Syngenta Crop Protection LLC, CHS, INC., NUTRIEN AG SOLUTIONS, INC., JOHN DOE DEFENDANT WHOLESALER 1, JOHN DOE DEFENDANT WHOLESALER 2, JOHN DOE DEFENDANT WHOLESALER 3, JOHN DOE DEFENDANT WHOLESALER 4, JOHN DOE DEFENDANT WHOLESALER 5, JOHN DOE DEFENDANT RETAILER 6, JOHN DOE DEFENDANT RETAILER 7, JOHN DOE DEFENDANT RETAILER 8, JOHN DOE DEFENDANT RETAILER 9 and JOHN DOE DEFENDANT RETAILER 10 |
| CROP PROTECTION PRODUCTS LOYALTY PROGRAM AGREEMENTS ANTITRUST LITIGATION and CROP PROTECTION PRODUCTS LOYALTY PROGRAM ANTITRUST LITIGATION |
| BRADLEY DAY FARMS, DANNY DAY, JR. FARMS, DANNY DAY, JR. & SON FARM PARTNERSHIP, SHELBY FARMS, LLC, HANNA FARMS, LLC, CHOCTAW FARMS, LLC, G&P FARMS PARTNERSHIP, M and M FARMS PARTNERSHIP, BRICK FARMS, INC., SCOTT DAY FARMS, HYS FARMS, LLC and CHUCK DAY FARMS PARTNERSHIP |
| HELENA AGRI-ENTERPRISES LLC, BASF SE, BASF CORPORATION and BASF AGRICULTURAL PRODUCTS GROUP |
| 1:2023cv00117 |
| February 7, 2023 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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Filing 116
CASE MANAGEMENT ORDER NO. 1. The court enters the following order for coordinated management of these cases: (1) Consolidation for pre-trial purposes. (2) Captioning of filings. (3) Application of MDL orders to newly-filed and transferred cases. (4) Filing and docketing procedures. (5) Admission of attorneys in transferred and newly-filed cases. (6) Organization of Plaintiffs' counsel and responsibilities. (7) Coordination of service and filing of pleadings, motions, and other papers. (8) Communications among counsel. (9) Filing of consolidated complaint. Within 90 days following the appointment of Interim Class Counsel, Plaintiffs shall file a Consolidated Class Action Complaint. The deadlines and word limits for briefing on any motions to dismiss shall be determined by simultaneous submissions within 14 days after the filing of the Consolidated Complaint. (10) Discovery stayed pending parties briefing by April 19, 2023. (11) Schedule for class certification proceedings. (12) The Clerk of Court shall file a copy of this order and any subsequent case management order(s) in all related cases, including any case filed or transferred into this MDL thereafter. Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 4/7/2023. Associated Cases: 1:23-md-03062-TDS-JEP et al. (Powell, Gloria)
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| Minute Entry for proceedings held before CHIEF JUDGE THOMAS D. SCHROEDER in WS-1: Status Conference held on 4/6/2023. Attorneys Daniel L. Brockett, Lyn K. Broom, Christopher M. Burke, Gregory S. Asciolla present for the Plaintiffs. Attorneys Patrick M. Kane and Paul Mishkin present for Syngenta Defendants. Attorneys David Marriott and Mark E. Anderson present for Corteva Defendants. Attorneys Fitz Barringer, Adam C. Hemlock, David Lender and Taylor Dougherty present for BASF Defendants. Attorneys William Michael, Jon Sasser and Joseph Bial present for Helena Agri-Enterprises Defendants. Attorney George Watson present for Nutrien Solutions Defendants and Attorney Kathy Osborn present for CHS Defendants. Attorney James J. Weingarten present for interested party Federal Trade Commission. Briefs regarding discovery due in 10 days. Written Order forthcoming. (Court Reporter Briana Bell.) Associated Cases: 1:23-md-03062-TDS-JEP et al.(Engle, Anita) |
| Filing 115 **FILED IN ERROR** NOTICE of Special Appearance by attorney ELLEN MERIWETHER on behalf of Plaintiffs DONALD F. DELINE (Filing fee $ 25 receipt number NCMDC-3531218) Associated Cases: 1:23-md-03062-TDS-JEP et al. (MERIWETHER, ELLEN) Modified on 4/4/2023 to mark filed in error. Only file in 1:23-md-3062. (Sheets, Jamie) |
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Filing 114
MDL ORDER. This matter, including all related cases, is currently set for a status conference on April 6, 2023, at 10:00 a.m. in Courtroom 1 in Winston-Salem. At that hearing, counsel should be prepared to address the following topics as set out. Counsel wishing to address these and any other topics should file any proposals, jointly if possible, by March 23, 2023.. Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 2/22/2023. Associated Cases: 1:23-md-03062-TDS-JEP et al.(Powell, Gloria)
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| Filing 113 NOTICE of Hearing: Status Conference set for 4/6/2023 10:00 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:23-md-03062-TDS-JEP et al.(Powell, Gloria) |
| Filing 112 NOTICE of Special Appearance by attorney PAUL J. LOPACH on behalf of Defendant NUTRIEN AG SOLUTIONS, INC. ( Filing fee $ 25 receipt number BNCMDC-3498443.) (LOPACH, PAUL) |
| Filing 111 NOTICE of Special Appearance by attorney GEORGE PATRICK WATSON on behalf of Defendant NUTRIEN AG SOLUTIONS, INC. ( Filing fee $ 25 receipt number ANCMDC-3498085.) (WATSON, GEORGE) |
| Filing 110 NOTICE of Special Appearance by attorney LINDSAY SKLAR JOHNSON on behalf of Defendant NUTRIEN AG SOLUTIONS, INC. ( Filing fee $ 25 receipt number ANCMDC-3498071.) (JOHNSON, LINDSAY) |
| ***TEXT ORDER*** All deadlines for Defendants to answer, move or otherwise respond are extended and will be set as part of the management of the MDL 1:23md3062. Per MAG/JUDGE JOI ELIZABETH PEAKE on 2/17/2023. (Powell, Gloria) Associated Cases: 1:23-md-03062-TDS-JEP et al. |
| ELECTRONIC NOTICE TO ALL COUNSEL: NCMD MDL No. 1:23-md-3062 has been opened and assigned to the Honorable Thomas D. Schroeder. See Docket for further entries. (Powell, Gloria) |
| Filing 109 NOTICE of Attorney Appearance by attorney COLIN DAILEY on behalf of Defendant NUTRIEN AG SOLUTIONS, INC. (DAILEY, COLIN) |
| Filing 108 NOTICE of Special Appearance by attorney COLBY ANNE KINGSBURY on behalf of Defendant CHS, INC. ( Filing fee $ 25 receipt number BNCMDC-3495092.) (KINGSBURY, COLBY) |
| Filing 107 NOTICE of Special Appearance by attorney KATHY LYNN OSBORN on behalf of Defendant CHS, INC. ( Filing fee $ 25 receipt number ANCMDC-3495087.) (OSBORN, KATHY) |
| Filing 106 JOINT STATUS REPORT filed by all parties. by CORTEVA, INC.. (Attachments: #1 Exhibit A)(MARRIOTT, DAVID) |
| Filing 105 NOTICE of Special Appearance by attorney MARGARET THORNER SEGALL on behalf of Defendant CORTEVA, INC. ( Filing fee $ 25 receipt number ANCMDC-3494296.) (SEGALL, MARGARET) |
| Filing 104 NOTICE of Special Appearance by attorney DAVID MARRIOTT on behalf of Defendant CORTEVA, INC. ( Filing fee $ 25 receipt number ANCMDC-3494293.) (MARRIOTT, DAVID) |
| Filing 103 NOTICE of Special Appearance by attorney PAUL MISHKIN on behalf of Defendants SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION LLC ( Filing fee $ 25 receipt number ANCMDC-3494275.) (MISHKIN, PAUL) |
| Filing 102 NOTICE of Attorney Appearance by attorney PATRICK MICHAEL KANE on behalf of Defendants SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION LLC (KANE, PATRICK) |
| Filing 101 NOTICE of Attorney Appearance by attorney JONATHAN TODT on behalf of Defendant CHS, INC. (TODT, JONATHAN) |
| Filing 100 NOTICE of Attorney Appearance by attorney MARK E. ANDERSON on behalf of Defendant CORTEVA, INC. (ANDERSON, MARK) |
| Case Assigned to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (Powell, Gloria) |
| Filing 99 Case transferred in from District of Indiana Southern; Case Number 1:22-cv-01976. Original file certified copy of transfer order and docket sheet received. |
| Filing 98 Transfer Letter to Clerk of the Middle District of North Carolina. Case transferred electronically to Middle District of North Carolina, on 2/6/2023. (CKM) (Main Document 98 replaced on 2/7/2023) (CKM). [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 97 CLOSED TRANSFER to the United States District Court for the Middle District of North Carolina IN RE: Crop Protection Products Loyalty Program Antitrust Litigation MDL 3062. (Attachments: #1 Exhibit Schedule A) (CKM) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 96
ORDER - granting #95 Motion to Withdraw Attorney Appearance. Ms. Forrest shall no longer serve as counsel for Corteva. Christine A. Varney, David R. Marriott and Margaret T. Segall of Cravath, Swaine & Moore LLP will remain as counsel for Corteva in this action. Signed by Magistrate Judge Mario Garcia on 1/18/2023. (CKM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 95 MOTION to Withdraw Attorney Appearance of Katherine Forrest, filed by Defendant CORTEVA, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 94
ORDER - Being duly advised, the Court finds good cause exists to GRANT the Defendants' motion for extension and continuance, #71 . The Court further finds Defendants' motion to transfer, #27 , DENIED without prejudice. It is hereby ORDERED that: The parties must file a joint status report no later than seven (7) days following the disposition of the transfer motion before the JPML. All other case deadlines--including Defendants' deadlines to respond to the Complaints, the parties' deadlines for a Rule 26(f) conference and Proposed Case Management Plan, and this Court's Initial Pretrial Conference--are VACATED pending further Order from the Court following the submission of the joint status report. The parties are granted leave to refile a motion to transfer following the disposition of the transfer motion before the JPML (See Order.) Signed by Magistrate Judge Mario Garcia on 1/13/23.(NAD) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 93
ORDER - granting #88 Motion to Appear pro hac vice ; David Lender, counsel for BASF Corporation, BASF SE, and BASF Agricultural Products Group. Signed by Magistrate Judge Mario Garcia on 1/12/2023. (CKM) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 92
ORDER - granting #89 Motion to Appear pro hac vice. Adam Hemlock, counsel for BASF Corporation, BASF SE, and BASF Agricultural Products Group. Signed by Magistrate Judge Mario Garcia on 1/12/2023. (CKM) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 91
ORDER - granting #90 Motion to Appear pro hac vice. Attorney Taylor Dougherty, counsel for BASF Corporation, BASF SE, and BASF Agricultural Products Group. Signed by Magistrate Judge Mario Garcia on 1/12/2023. (CKM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 90 MOTION for Attorney(s) Taylor Dougherty to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7451642), filed by Consol Defendants BASF AGRICULTURAL PRODUCTS GROUP, BASF CORPORATION, BASF SE. (Attachments: #1 Text of Proposed Order)(Dougherty, Taylor) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 89 MOTION for Attorney(s) Adam Hemlock to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7451634), filed by Consol Defendants BASF AGRICULTURAL PRODUCTS GROUP, BASF CORPORATION, BASF SE. (Attachments: #1 Text of Proposed Order)(Hemlock, Adam) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 88 MOTION for Attorney(s) David Lender to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7451618), filed by Consol Defendants BASF AGRICULTURAL PRODUCTS GROUP, BASF CORPORATION, BASF SE. (Attachments: #1 Text of Proposed Order)(Lender, David) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 87 REPLY in Support of Motion re #71 MOTION for Extension of Time to to be determined in which to #39 Order on Motion for Extension of Time to FileScheduling, #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and Continuance of Initial Pr , filed by Consol Defendants BASF AGRICULTURAL PRODUCTS GROUP, BASF CORPORATION, BASF SE, HELENA AGRI-ENTERPRISES LLC, Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Wood, Meredith) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 86 NOTICE of Appearance by Justin K. Curtis on behalf of Consol Defendants BASF AGRICULTURAL PRODUCTS GROUP, BASF CORPORATION, BASF SE. (Curtis, Justin) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 85
ORDER - granting #84 Motion to Appear pro hac vice. Attorney Natasha Fernandez-Silber for JUSTIN W. JENKINS added. Signed by Magistrate Judge Mario Garcia on 1/6/2023. (CKM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 84 MOTION for Attorney(s) Natasha J. Fernandez-Silber to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7438215), filed by Plaintiff JUSTIN W. JENKINS. (Attachments: #1 Text of Proposed Order Proposed Order)(Fernandez-Silber, Natasha) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 83 RESPONSE in Opposition re #71 MOTION for Extension of Time to to be determined in which to #39 Order on Motion for Extension of Time to FileScheduling, #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and Continuance of Initial Pr , filed by Plaintiff JUSTIN W. JENKINS. (Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 82
ORDER granting #77 Motion to Appear pro hac vice. Attorney William Michael for HELENA AGRI-ENTERPRISES LLC added. Signed by Magistrate Judge Mario Garcia on 12/27/2022. (CBU) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 81
ORDER granting #76 Motion to Appear pro hac vice. Attorney Joseph Bial for HELENA AGRI-ENTERPRISES LLC added. Signed by Magistrate Judge Mario Garcia on 12/26/2022. (CBU) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 80
ORDER granting #75 Motion to Appear pro hac vice. Attorney Allan J. Arffa for HELENA AGRI-ENTERPRISES LLC added. Signed by Magistrate Judge Mario Garcia on 12/26/2022. (CBU) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 79 NOTICE of Joint Opposition to Plaintiff's Motion to File a Sur-Reply, filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC, re #68 Surreply. (Watson, George) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 78 RESPONSE to Motion re #71 MOTION for Extension of Time to to be determined in which to #39 Order on Motion for Extension of Time to FileScheduling, #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and Continuance of Initial Pr , filed by Consol Defendant HELENA AGRI-ENTERPRISES LLC. (Arffa, Allan) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 77 MOTION for Attorney(s) William B. Michael to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7424766), filed by Consol Defendant HELENA AGRI-ENTERPRISES LLC. (Attachments: #1 Text of Proposed Order)(Michael, William) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 76 MOTION for Attorney(s) Joseph J. Bial to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7424744), filed by Consol Defendant HELENA AGRI-ENTERPRISES LLC. (Attachments: #1 Text of Proposed Order)(Bial, Joseph) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 75 MOTION for Attorney(s) Allan J. Arffa to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7424717), filed by Consol Defendant HELENA AGRI-ENTERPRISES LLC. (Attachments: #1 Text of Proposed Order)(Arffa, Allan) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 74 NOTICE of Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number, 1:22-cv-1976-RLY-MG, on all future filings in this matter. (JRB) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 73
ORDER REASSIGNING CASE - Pursuant to Local Rule 40-1(f), the Clerk of the Court is DIRECTED to reassign the above matter from the Honorable Mark J. Dinsmore to the Honorable Mario Garcia. Please note that cause number 1:22cv01976RLYMG must be used on all future filings. Signed by Judge Richard L. Young on 12/21/2022.(JRB) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 72
ORDER GRANTING RELATED PLAINTIFFS' MOTION TO CONSOLIDATE CASES - The Court orders that the Related Actions are hereby consolidated pursuant to F.R.C.P. 42(a)(2). The Court directs that the filings in each matter carry the case number of the first-filed case, Justin W. Jenkins v. Syngenta Crop Protection AG, et al., Case No. 1:22-cv-01976-RLY-DLP. Consistent with the Court's November 29, 2022 Order (ECF No. 39), Defendants in the Related Actions shall have to and including January 30, 2023 to answer or otherwise respond the complaints filed in the Related Actions. SEE ORDER. Signed by Judge Richard L. Young on 12/21/2022. (JRB) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 71 MOTION for Extension of Time to to be determined in which to #39 Order on Motion for Extension of Time to FileScheduling, #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and Continuance of Initial Pre-trial Conference), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 70 RESPONSE to Motion re #58 MOTION to Consolidate Cases , filed by Plaintiff JUSTIN W. JENKINS. (Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 69 REPLY in Support of Motion re #58 MOTION to Consolidate Cases , filed by Interested Parties BRADLEY DAY FARMS, BRICK FARMS, INC., CHOCTAW FARMS, LLC, CHUCK DAY FARMS PARTNERSHIP, DANNY DAY, JR. & SON FARM PARTNERSHIP, DANNY DAY, JR. FARMS, G&P FARMS PARTNERSHIP, HANNA FARMS, LLC, HYS FARMS, LLC, M and M FARMS PARTNERSHIP, SCOTT DAY FARMS, SHELBY FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 68 Surreply re #27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)) Plaintiff's Motion to File a Sur-Reply in Opposition to Defendants' Joint Motion to Transfer, filed by Plaintiff JUSTIN W. JENKINS. (Attachments: #1 Proposed Sur-Reply in Opposition to Defendants' Reply in Support of Joint Motion to Transfer, #2 Affidavit Declaration of John D. Radice, #3 Affidavit Declaration of Daniel Rubenstein, #4 Exhibit Exhibit 1 - Relevant Email Chain, #5 Exhibit Exhibit 2 - Rule 26(f) Conference Invitation)(Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 67 RESPONSE to Motion re #58 MOTION to Consolidate Cases (Defendants' Response to Related Plaintiffs' Motion to Consolidate), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 66 REPLY in Support of Motion re #27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)) , filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 65 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-01976-RLY-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 64 Rule 7.1 Disclosure Statement by NUTRIEN AG SOLUTIONS, INC. identifying Corporate Parent UNITED AGRI PRODUCTS, INC., Corporate Parent AGU US HOLDINGS INC., Corporate Parent Nutrien Ltd., Corporate Parent AGRIUM US, INC., Corporate Parent NUTRIEN (CANADA) HOLDINGS ULC for NUTRIEN AG SOLUTIONS, INC... (Petersen, Matthew) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 63 RESPONSE in Opposition re #27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)) , filed by Plaintiff JUSTIN W. JENKINS. (Attachments: #1 Affidavit Declaration of John D. Radice)(Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 62 DECLARATION of Spencer Harris in Support re #27 Motion to Transfer Case by NUTRIEN AG SOLUTIONS, INC.. (Johnson, Lindsay) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 59 Corporate Disclosure Statement by SYNGENTA CROP PROTECTION AG identifying Other Affiliate Syngenta AG, Other Affiliate Syngenta Group (NL) B.V. for SYNGENTA CROP PROTECTION AG.. (Wood, Meredith) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 58 MOTION to Consolidate Cases , filed by Interested Parties BRADLEY DAY FARMS, BRICK FARMS, INC., CHOCTAW FARMS, LLC, CHUCK DAY FARMS PARTNERSHIP, DANNY DAY, JR. & SON FARM PARTNERSHIP, DANNY DAY, JR. FARMS, G&P FARMS PARTNERSHIP, HANNA FARMS, LLC, HYS FARMS, LLC, M and M FARMS PARTNERSHIP, SCOTT DAY FARMS, SHELBY FARMS, LLC. (Attachments: #1 Exhibit 1-Chuck Day Farms Complaint, #2 Exhibit 2-Bradley Day Farms Complaint, #3 Exhibit 3-Danny Day Farms Complaint, #4 Exhibit 4-Shelby Farms Complaint, #5 Exhibit 5-M&M Farms Complaint, #6 Exhibit 6-HYS Farms Complaint, #7 Exhibit 7-Scott Day Farms Complaint, #8 Exhibit 8-Example Notice of Related Actions, #9 Text of Proposed Order)(Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 57 Corporate Disclosure Statement by HYS FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 56 Corporate Disclosure Statement by BRICK FARMS, INC.. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 55 Corporate Disclosure Statement by M and M FARMS PARTNERSHIP. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 54 Corporate Disclosure Statement by G&P FARMS PARTNERSHIP. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 53 Corporate Disclosure Statement by CHOCTAW FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 52 Corporate Disclosure Statement by HANNA FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 51 Corporate Disclosure Statement by SHELBY FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 50 Corporate Disclosure Statement by CHUCK DAY FARMS PARTNERSHIP. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 49 Corporate Disclosure Statement by DANNY DAY, JR. & SON FARM PARTNERSHIP. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 48 DECLARATION of Nanci Lilja In Support re #27 Motion to Transfer Case by CHS, INC.. (Osborn, Kathy) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 47
ORDER granting #37 Motion to Appear pro hac vice. Attorney Paul J. Lopach for NUTRIEN AG SOLUTIONS, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Signed by Magistrate Judge Doris L. Pryor on 11/30/2022. (TPS) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 46
ORDER granting #35 Motion to Appear pro hac vice. Attorney G. Patrick Watson for NUTRIEN AG SOLUTIONS, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy sent to G. Patrick Watson via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/30/2022. (TPS) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 45
ORDER granting #36 Motion to Appear pro hac vice. Attorney Lindsay Sklar Johnson for NUTRIEN AG SOLUTIONS, INC. added. Copy to Ms. Johnson via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/30/2022. (KAA) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 61 Remark - in Receipt of Amended Motion to Transfer, Schedule of Actions and Certificate of Service IN RE: Crop Protection Loyalty Program Antitrust Litigation (Attachments: #1 Envelope) (CKM) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 44
ORDER granting #24 Motion to Appear pro hac vice. Attorney Christine A. Varney for CORTEVA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Ms. Varney via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 43
ORDER granting #23 Motion to Appear pro hac vice. Attorney Margaret T. Segall for CORTEVA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Ms. Segall via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 42
ORDER granting #22 Motion to Appear pro hac vice. Attorney David R. Marriott for CORTEVA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Mr. Marriott via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA) [Transferred from Indiana Southern on 2/7/2023.]
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Filing 41
ORDER granting #21 Motion to Appear pro hac vice. Attorney Katherine B. Forrest for CORTEVA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Ms. Forrest via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 40 NOTICE of Appearance by Meredith Wood on behalf of Defendants SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Wood, Meredith) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 39
ORDER - GRANTS IN PART #25 Defendants' Joint Motion for Extension of Time to File to Respond to Complaint and Continuance of Initial Pre-Trial Conference. Defendants shall have to and including January 20, 2023 to answer or otherwise respond to the Plaintiff's complaint. Additionally, the December 6, 2022 initial pre-trial conference is CONTINUED to 1/25/2023 02:30 PM (Eastern Time). Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. All other requirements of the Court's order dated November 16, 2022 Dkt. #20 shall remain in effect. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022.(KAA) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 38 NOTICE to File Corporate Disclosure Statement to BRADLEY DAY FARMS, BRICK FARMS, INC., CHOCTAW FARMS, LLC, CHS, INC., CHUCK DAY FARMS PARTNERSHIP, G&P FARMS PARTNERSHIP, HANNA FARMS, LLC, M and M FARMS PARTNERSHIP, SCOTT DAY FARMS, SHELBY FARMS, LLC. (RAGS) (JRB) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 60 Remark in Receipt of (1) One Box IN RE: Crop Protection Loyalty Program Antitrust Litigation : motion to transfer, brief in support, schedule of actions, cert of service, complaints and dockets sheets for exhibits 1-10 for cases listed in schedule of actions document) (Attachments: #1 Envelope) (CKM) Modified on 12/5/2022 (CKM). [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 37 MOTION for Attorney(s) Paul J. Lopach to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7385882), filed by Defendant NUTRIEN AG SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Lopach, Paul) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 36 MOTION for Attorney(s) Lindsay Sklar Johnson to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7385866), filed by Defendant NUTRIEN AG SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Johnson, Lindsay) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 35 MOTION for Attorney(s) George Patrick Watson to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7385832), filed by Defendant NUTRIEN AG SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Watson, George) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 34 NOTICE (Related Plaintiffs' Notice of Filing of Motion Before Judicial Panel on Multidistrict Litigation to Transfer Related Cases for Coordination or Consolidated Pretrial Proceedings), filed by Interested Parties BRADLEY DAY FARMS, BRICK FARMS, INC., CHOCTAW FARMS, LLC, CHUCK DAY FARMS PARTNERSHIP, DANNY DAY, JR. & SON FARM PARTNERSHIP, DANNY DAY, JR. FARMS, G&P FARMS PARTNERSHIP, HANNA FARMS, LLC, HYS FARMS, LLC, M and M FARMS PARTNERSHIP, SCOTT DAY FARMS, SHELBY FARMS, LLC (Attachments: #1 Exhibit A-MDL Motion for Transfer and Consolidation, #2 Exhibit B-Brief in Support of Motion for Transfer and Consolidation, #3 Exhibit C-Schedule of Actions) (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 33 NOTICE of Appearance by Scott D. Gilchrist on behalf of Interested Parties BRADLEY DAY FARMS, CHUCK DAY FARMS PARTNERSHIP, DANNY DAY, JR. FARMS, DANNY DAY, JR. & SON FARM PARTNERSHIP, SHELBY FARMS, LLC, HANNA FARMS, LLC, CHOCTAW FARMS, LLC, G&P FARMS PARTNERSHIP, M and M FARMS PARTNERSHIP, BRICK FARMS, INC., SCOTT DAY FARMS, HYS FARMS, LLC. (Gilchrist, Scott) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 32 REPLY in Support of Motion re #25 Joint MOTION for Extension of Time to for after disposition of transfer motion in which to #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and for Continuance of Initial Pre-trial Conference) (Defendants' Reply Brief in Further Support of Their Joint Motion for Extension of Time and Continuance), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 31 NOTICE of Appearance by Colby Anne Kingsbury on behalf of Defendant CHS, INC.. (Kingsbury, Colby) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 30 RESPONSE in Opposition re #25 Joint MOTION for Extension of Time to for after disposition of transfer motion in which to #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and for Continuance of Initial Pre-trial Conference) , filed by Plaintiff JUSTIN W. JENKINS. (Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 29 EXHIBIT in Support of Motion re #27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)) (Continuation of Exhibits in Support - Part 2 of 2), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Attachments: #1 Exhibit I - Class Action Complaint 22-cv-02226, #2 Exhibit J - Class Action Complaint 22-cv-02227, #3 Exhibit K - Class Action Complaint 22-cv-02229, #4 Exhibit L - Class Action Complaint 22-cv-02230, #5 Exhibit M - Notice of Related Actions, #6 Affidavit - Declaration of Vern Hawkins in Support of Syngenta's Motion to Transfer the Cases to the USDC Middle District of North Carolina)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)) (Part 1 of 2), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Attachments: #1 Affidavit - Declaration of Margaret T. Segall in Support of Defendants' Joint Motion to Transfer, #2 Exhibit A - 2022-9-29 Complaint [Public Redacted Version], #3 Exhibit B - 2022-10-7 Complaint, #4 Exhibit C - 2022-10-20 Class Action Consolidated Complaint, #5 Exhibit D - 2022-11-7 Unopposed Motion to Consolidate, #6 Exhibit E - 2022-11-21 Order Granting Motion to Consolidate, #7 Exhibit F - Class Action Complaint 22-cv-02222, #8 Exhibit G - Class Action Complaint 22-cv-02223, #9 Exhibit H - Class Action Complaint 22-cv-02225)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 27 MOTION to Transfer Case (Defendants' Joint Motion to Transfer Middle District of North Carolina Pursuant to 28 U.S.C. 1404(a)), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 26 Submission of Proposed Order , re #25 Joint MOTION for Extension of Time to for after disposition of transfer motion in which to #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and for Continuance of Initial Pre-trial Conference), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 25 Joint MOTION for Extension of Time to for after disposition of transfer motion in which to #1 Complaint (Defendants' Joint Motion for Extension of Time to Respond to Complaint and for Continuance of Initial Pre-trial Conference), filed by Defendants CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 24 MOTION for Attorney(s) Christine Varney to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7380307), filed by Defendant CORTEVA, INC.. (Attachments: #1 Exhibit A - Christine Varney Certification, #2 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 23 MOTION for Attorney(s) Margaret Segall to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7380305), filed by Defendant CORTEVA, INC.. (Attachments: #1 Exhibit A - Margaret Segall Certification, #2 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 22 MOTION for Attorney(s) David Marriott to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7380296), filed by Defendant CORTEVA, INC.. (Attachments: #1 Exhibit A - David Marriott Certification, #2 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 21 MOTION for Attorney(s) Katherine Forrest to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7380251), filed by Defendant CORTEVA, INC.. (Attachments: #1 Exhibit A - Certification of Katherine Forrest, #2 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 20
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 12/6/2022 11:30 AM (Eastern Time) before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 11/16/2022.(SWM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 19 NOTICE of Appearance by George A. Gasper on behalf of Defendant SYNGENTA CROP PROTECTION AG. (Gasper, George) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 18 WAIVER OF SERVICE Returned Executed, filed by JUSTIN W. JENKINS. SYNGENTA CROP PROTECTION AG waiver sent on 11/2/2022. (Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 17 Corporate Disclosure Statement by CHS, INC.. (Osborn, Kathy) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 16 Corporate Disclosure Statement by NUTRIEN AG SOLUTIONS, INC. identifying Corporate Parent NUTRIEN AG SOLUTIONS, INC. for NUTRIEN AG SOLUTIONS, INC... (Petersen, Matthew) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 15 Corporate Disclosure Statement by SYNGENTA CROP PROTECTION, LLC identifying Other Affiliate SYNGENTA AG, Other Affiliate SYNGENTA CROP PROTECTION AG, Other Affiliate SYNGENTA GROUP (NL) B.V., Other Affiliate SYNGENTA SEEDS, LLC for SYNGENTA CROP PROTECTION, LLC.. (Gasper, George) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 14 Corporate Disclosure Statement by SYNGENTA CORPORATION identifying Other Affiliate SYNGENTA AG, Other Affiliate SYNGENTA CROP PROTECTION AG, Other Affiliate SYNGENTA GROUP (NL) B.V. for SYNGENTA CORPORATION.. (Gasper, George) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 13
ORDER granting Defendants' Corteva, Inc., SyngentaCorporation, Syngenta Crop Protection, LLC, CHS, Inc. and Nutrien Ag Solutions,Inc.'s #10 Motion for Extension of Time to File respond to complaint to 12/16/2022. Signed by Magistrate Judge Doris L. Pryor on 11/1/2022. (SWM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 12 Corporate Disclosure Statement by CORTEVA, INC. identifying Corporate Parent Corteva, Inc. for CORTEVA, INC... (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 11 NOTICE to File Corporate Disclosure Statement to CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION, LLC. (RAGS) (JRB) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 10 Unopposed MOTION for Extension of Time to 12/16/2022 in which to #1 Complaint (Defendants' Unopposed Joint Motion for Extension of Time to Respond to Complaint), filed by Defendant CORTEVA, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 9 NOTICE of Appearance by Matthew M. Petersen on behalf of Defendant NUTRIEN AG SOLUTIONS, INC.. (Petersen, Matthew) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 8 NOTICE of Appearance by Kathy Lynn Osborn on behalf of Defendant CHS, INC.. (Osborn, Kathy) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 7 NOTICE of Appearance by John R. Maley on behalf of Defendant CORTEVA, INC.. (Maley, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 6 NOTICE of Appearance by George A. Gasper on behalf of Defendants SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION, LLC. (Gasper, George) [Transferred from Indiana Southern on 2/7/2023.] |
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Filing 5
ORDER granting #2 Motion to Appear pro hac vice. Attorney John Radice for JUSTIN W. JENKINS added. Signed by Magistrate Judge Doris L. Pryor on 10/12/2022. (SWM) [Transferred from Indiana Southern on 2/7/2023.]
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 3 Summons Issued as to CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (JRB) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 2 MOTION for Attorney(s) John Radice to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7315663), filed by Plaintiff JUSTIN W. JENKINS. (Attachments: #1 Text of Proposed Order)(Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
| Filing 1 COMPLAINT against All Defendants, filed by JUSTIN W. JENKINS. (Filing fee $402, receipt number AINSDC-7315319) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Radice, John) [Transferred from Indiana Southern on 2/7/2023.] |
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