PSENCIK et al v. CORTEVA, INC. et al
| WALTER PSENCIK and TRAVIS PSENCIK |
| CORTEVA, INC., SYNGENTA CROP PROTECTION AG, SYNGENTA CORP., SYNGENTA CROP PROTECTION LLC, CHS, INC., NUTRIEN AG SOLUTIONS, INC., DOE DEFENDANT WHOLESALER 1, DOE DEFENDANT WHOLESALER 2, DOE DEFENDANT WHOLESALER 3, DOE DEFENDANT WHOLESALER 4, DOE DEFENDANT WHOLESALER 5, DOE DEFENDANT RETAILER 6, DOE DEFENDANT RETAILER 7, DOE DEFENDANT RETAILER 8, DOE DEFENDANT RETAILER 9 and DOE DEFENDANT RETAILER 10 |
| 1:2023cv00165 |
| February 22, 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 25 Transcript of Proceedings held on 04/06/2023, before Judge Thomas D. Schroeder. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 5/4/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/13/2023. Associated Cases: 1:23-md-03062-TDS-JEP et al.(Bell, Briana) |
Filing 24
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 23 **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 22
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.(Engle, Anita)
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| Filing 21 NOTICE of Hearing dated 2/17/2023: Status Conference set for 4/6/2023 10:00 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita) Associated Cases: 1:23-md-03062-TDS-JEP et al. Modified on 2/24/2023 to include date of notice. (Engle, Anita) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (Garland, Leah) |
| ***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. (Engle, Anita) Associated Cases: 1:23-md-03062-TDS-JEP et al. |
| Filing 20 Case transferred in from District of Indiana Southern; Case Number 1:22-cv-02423. Original file certified copy of transfer order and docket sheet received. |
| Filing 19 Transfer Letter to Clerk of the Middle District of North Carolina. Case transferred electronically to Middle District of North Carolina. IN RE: MDL No. 3062 PER CTO-1 on 2/17/2023. (JSR) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 18 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 No. 3062 PER CTO - 1. (JSR) [Transferred from Indiana Southern on 2/22/2023.] |
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Filing 17
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 3/13/2023 at 11:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. 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. Signed by Magistrate Judge Matthew P. Brookman on 2/1/23.(JRB) Modified on 2/2/2023 - Updated hearing date (JSR). [Transferred from Indiana Southern on 2/22/2023.]
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| Filing 16 WAIVER OF SERVICE Returned Executed, filed by TRAVIS PSENCIK, WALTER PSENCIK. SYNGENTA CROP PROTECTION, LLC waiver sent on 12/22/2022. (Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 15 NOTICE of Appearance by Colby Anne Kingsbury on behalf of Defendant CHS, INC.. (Kingsbury, Colby) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 14 Rule 7.1 Disclosure Statement by CHS, INC.. (Osborn, Kathy) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 13 NOTICE of Appearance by Kathy Lynn Osborn on behalf of Defendant CHS, INC.. (Osborn, Kathy) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 12 WAIVER OF SERVICE Returned Executed, filed by TRAVIS PSENCIK, WALTER PSENCIK. NUTRIEN AG SOLUTIONS, INC. waiver sent on 12/22/2022. (Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 11 WAIVER OF SERVICE Returned Executed, filed by TRAVIS PSENCIK, WALTER PSENCIK. SYNGENTA CORP. waiver sent on 12/22/2022; SYNGENTA CROP PROTECTION AG waiver sent on 12/22/2022. (Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 10 WAIVER OF SERVICE Returned Executed, filed by TRAVIS PSENCIK, WALTER PSENCIK. CHS, INC. waiver sent on 12/22/2022. (Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
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Filing 9
ORDER granting #8 Motion to Appear pro hac vice. Attorney Nicole A. Veno for TRAVIS PSENCIK,Nicole A. Veno for WALTER PSENCIK added. Signed by Magistrate Judge Matthew P. Brookman on 12/28/2022. (JRB) [Transferred from Indiana Southern on 2/22/2023.]
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| Filing 8 MOTION for Attorney(s) Nicole Veno to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7429102), filed by Plaintiffs TRAVIS PSENCIK, WALTER PSENCIK. (Veno, Nicole) [Transferred from Indiana Southern on 2/22/2023.] |
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Filing 7
ORDER granting #2 Motion to Appear pro hac vice. Attorney David E. Kovel for TRAVIS PSENCIK and WALTER PSENCIK added. Signed by Magistrate Judge Matthew P. Brookman on 12/20/2022. (AAS) [Transferred from Indiana Southern on 2/22/2023.]
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| Filing 6 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 4 Summons Issued as to CHS, INC., CORTEVA, INC., NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORP., SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC. (DRB) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 2 MOTION for Attorney(s) David E. Kovel to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7419841), filed by Plaintiffs Travis Psencik, Walter Psencik. (Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
| Filing 1 COMPLAINT against CHS, INC., Corteva, Inc., Doe Defendant Retailer 10, Doe Defendant Retailer 6, Doe Defendant Retailer 7, Doe Defendant Retailer 8, Doe Defendant Retailer 9, Doe Defendant Wholesaler 1, Doe Defendant Wholesaler 2, Doe Defendant Wholesaler 3, Doe Defendant Wholesaler 4, Doe Defendant Wholesaler 5, NUTRIEN AG SOLUTIONS, INC., SYNGENTA CORP., SYNGENTA CROP PROTECTION AG, SYNGENTA CROP PROTECTION, LLC, filed by Travis Psencik, Walter Psencik. (Filing fee $402, receipt number AINSDC-7419668) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Kovel, David) [Transferred from Indiana Southern on 2/22/2023.] |
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