Chapman et al v. Monsanto Company
| Otis Lindell Chapman, Kim Chapman and Michael J Miller |
| Monsanto Company |
| 4:2022cv00738 |
| March 9, 2022 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Lee H Rosenthal |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 63
ORDER Extending Time to File Response. Response to #61 MOTION for Summary Judgment due by 6/13/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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Filing 62
STIPULATION re: EXTENSION OF TIME TO FILE PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT BASED ON TEXAS PRODUCTS LIABILITY ACT by Kim Chapman, Otis Lindell Chapman, filed. (Attachments: #1 Proposed Order)(Diamond, David)
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Filing 61
MOTION for Summary Judgment by Monsanto Company, filed. Motion Docket Date 5/9/2022. (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 Proposed Order)(Shepherd, Elmore)
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Filing 60
NOTICE of Appearance by Ryan S. Killian on behalf of Monsanto Company, filed. (Killian, Ryan)
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Filing 59
SCHEDULING AND DOCKET CONTROL ORDER. Deft Motion for Summary Judgment due by 4/18/2022. Pltf Expert Report due by 7/1/2022. Deft Expert Report due by 8/5/2022. Interim Pretrial Conference set for 9/2/2022 at 10:00 AM in by video before Chief Judge Lee H Rosenthal Mediation due by 12/2/2022. Discovery due by 12/2/2022. Dispositive Motion Filing due by 12/9/2022. Joint Pretrial Order due by 2/10/2023. Docket Call set for 2/17/2023 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 58
Minute entry for proceedings before the Hon. Lee H. Rosenthal. Scheduling conference held on April 12, 2022. The court will separately enter a scheduling and docket control order, as stated in detail on the record. Appearances: David Diamond and James Shepherd. (Court Reporter: L. Smith), filed.(leddins, 4)
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Filing 57
NOTICE of Appearance by David J. Diamond on behalf of Kim Chapman, Otis Lindell Chapman, filed. (Diamond, David)
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Filing 56
ORDER granting #55 Motion for David J. Diamond to Appear Pro Hac Vice.(Signed by Ch ief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4)
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Filing 55
MOTION for David J. Diamond to Appear Pro Hac Vice by Kim Chapman, Otis Lindell Chapman, filed. Motion Docket Date 4/18/2022. (Diamond, David)
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Filing 54
CERTIFICATE OF INTERESTED PARTIES by Monsanto Company, filed.(Shepherd, Elmore)
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Filing 53
NOTICE of Appearance by Elmore James Shepherd on behalf of Monsanto Company, filed. (Shepherd, Elmore)
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Filing 52
NOTICE of Setting. Parties notified. Scheduling Conference set for 4/12/2022 at 02:30 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
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Filing 51
CLERKS NOTICE re: #50 Order for Initial Conference - FORM. This case was randomly assigned in error to Judge Hanks, and an Order for Initial Conference was subsequently issued in error. On 3/9/22, this case was remanded from the Northern District of California to Houston. The case is therefore directly assigned to Judge Lee H Rosenthal, who presided over the original Houston case, 4:19cv4698. The case will now proceed under the case number that was assigned upon remand, 4:22cv738. Parties notified. (ltien, 4)
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The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
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Filing 50
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/20/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison( Judge George C Hanks, Jr) Parties notified.(BrendaLacy, 4)
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Filing 49
Case transferred in from California Northern. Case Number 3:20-cv-01277; certified copy of transfer order, certified docket sheet, and transfer letter received
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MDL MEMBER CASE CLOSED: Pursuant to the Court's order of 3/8/2022 in the MDL 2741 master file (dkt. #14660), civil case no. 201277 is terminated. cc: JPMDL (kmg, COURT STAFF) (Filed on 3/8/2022)
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Filing 48
SUGGESTION OF REMAND TO TRANSFEROR COURT. Signed by Judge Vince Chhabria on February 25, 2022. (crblc4, COURT STAFF) (Filed on 2/25/2022)
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Filing 47
PRETRIAL ORDER NO. 275: DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE APPLICATION OF ISSUE PRECLUSION. Signed by Judge Vince Chhabria on February 25, 2022.(crblc4, COURT STAFF) (Filed on 2/25/2022)
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Filing 46
PRETRIAL ORDER NO. 273: DENYING WAVE 3 MOTIONS FOR SUMMARY JUDGMENT ON NON-CAUSATION GROUNDS AND MOTIONS TO EXCLUDE PLAINTIFFS' EXPERTS. Signed by Judge Vince Chhabria on February 25, 2022. (crblc4, COURT STAFF) (Filed on 2/25/2022)
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Filing 45
PRETRIAL ORDER NO. 271: DENYING MOTION TO STRIKE TESTIMONY OF DRS. FENSKE AND SLACK. Signed by Judge Vince Chhabria on January 21, 2022.(crblc4, COURT STAFF) (Filed on 1/21/2022)
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Filing 44
Letter from Monsanto re: general-causation testimony from specific-causation experts. (Stekloff, Brian) (Filed on 1/13/2022)
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Filing 43
ORDER REGARDING PRIOR LIMITATIONS PLACED ON SPECIFIC CAUSATION EXPERTS' TESTIMONY. Signed by Judge Vince Chhabria on January 10, 2022. (crblc4, COURT STAFF) (Filed on 1/10/2022)
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Filing 42
PRETRIAL ORDER NO. 262: DENYING MOTIONS TO EXCLUDE CERTAIN WAVE 3 SPECIFIC CAUSATION EXPERTS. Signed by Judge Vince Chhabria on January 3, 2022. (crblc4, COURT STAFF) (Filed on 1/3/2022)
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Filing 41
PRETRIAL ORDER NO. 260: ORDER RE MOTIONS TO EXCLUDE TESTIMONY OF DR. SAWYER (WAVE 3). Signed by Judge Vince Chhabria on December 29, 2021. (crblc4, COURT STAFF) (Filed on 12/29/2021)
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Filing 40
PRETRIAL ORDER NO. 259: DENYING MOTIONS FOR SUMMARY JUDGMENT BASED ON TEXAS PRESUMPTION OF NO LIABILITY. Signed by Judge Vince Chhabria on December 28, 2021.(crblc4, COURT STAFF) (Filed on 12/28/2021)
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Filing 39
CLERK'S NOTICE vacating the hearings scheduled for 12/13/2021 re #18 Motion to to Exclude Expert Testimony, #24 Motion for Partial Summary Judgment, #28 Motion to Strike, #30 Supplemental Motion for Summary Judgment. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/10/2021)
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Filing 38
Letter from David J. Diamond, Esq. Re: Oral Argument on Wave 3 Motions. (Diamond, David) (Filed on 11/30/2021)
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Filing 37
Letter from Brian K. Brake, Esq. Monsanto's Request for Oral Argument On Wave 3 Motions. (Brake, Brian) (Filed on 11/23/2021)
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Filing 36
REPLY (re #24 MOTION for Partial Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation, #30 Supplemental MOTION for Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation ) filed byKim Chapman, Otis Lindell Chapman. (Diamond, David) (Filed on 11/23/2021)
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Filing 35
REPLY (re #28 MOTION to Strike the Testimony of Monsanto's Specific Causation Experts, Dr. Fenske & Dr. Slack ) filed byKim Chapman, Otis Lindell Chapman. (Diamond, David) (Filed on 11/23/2021)
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Filing 34
OPPOSITION/RESPONSE (re #24 MOTION for Partial Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation ) -- Defendant Monsanto Company's Opposition to Plaintiff's Motion for Partial Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation filed byMonsanto Company. (Attachments: #1 Declaration Jed P. White, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(White, Jed) (Filed on 11/10/2021)
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Filing 33
OPPOSITION/RESPONSE (re #28 MOTION to Strike the Testimony of Monsanto's Specific Causation Experts, Dr. Fenske & Dr. Slack ) -- Monsanto Company's Opposition to Plaintiff's Motion to Exclude Testimony of Specific Causation Experts filed byMonsanto Company. (White, Jed) (Filed on 11/10/2021)
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Filing 32
REPLY (re #14 MOTION for Summary Judgment -- Monsanto Company's Notice of Motion and Motion for Summary Judgment Based on Texas Presumption of No Liability ) -- Monsanto Company's Reply in Support of Motion for Summary Judgment Based on Texas Presumption of No Liability filed byMonsanto Company. (Attachments: #1 Declaration Jed P. White)(White, Jed) (Filed on 11/10/2021)
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Filing 31
REPLY (re #17 MOTION to Strike -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Plaintiffs' Specific Causation Expert Dr. Clayton Smith on Rule 702 Grounds ) -- Defendant Monsanto Company's Reply Brief in Support of Motion to Exclude Plaintiff's Specific Causation Expert Dr. Clayton Smith on Rule 702 Grounds filed byMonsanto Company. (White, Jed) (Filed on 11/10/2021)
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Filing 30
Supplemental MOTION for Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation filed by Kim Chapman, Otis Lindell Chapman. Motion Hearing set for 12/13/2021 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 11/10/2021. Replies due by 11/24/2021. (Attachments: #1 Exhibit 1)(Diamond, David) (Filed on 11/10/2021)
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Filing 29
REPLY (re #18 MOTION to Exclude Expert Testimony of Dr. William Sawyer Under Rule 702 ) -- Defendant Monsanto Company's Reply in Support of Motion to Exclude Testimony of Dr. William Sawyer filed byMonsanto Company. (White, Jed) (Filed on 11/8/2021)
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Filing 28
MOTION to Strike the Testimony of Monsanto's Specific Causation Experts, Dr. Fenske & Dr. Slack filed by Kim Chapman, Otis Lindell Chapman. Motion Hearing set for 12/13/2021 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 11/10/2021. Replies due by 11/24/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Diamond, David) (Filed on 10/28/2021)
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Filing 27
OPPOSITION/RESPONSE (re #14 MOTION for Summary Judgment -- Monsanto Company's Notice of Motion and Motion for Summary Judgment Based on Texas Presumption of No Liability ) filed byKim Chapman, Otis Lindell Chapman. (Diamond, David) (Filed on 10/28/2021)
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Filing 26
OPPOSITION/RESPONSE (re #18 MOTION to Exclude Expert Testimony of Dr. William Sawyer Under Rule 702 ) filed byKim Chapman, Otis Lindell Chapman. (Attachments: #1 Exhibit 1)(Diamond, David) (Filed on 10/28/2021)
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Filing 25
OPPOSITION/RESPONSE (re #17 MOTION to Strike -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Plaintiffs' Specific Causation Expert Dr. Clayton Smith on Rule 702 Grounds ) filed byKim Chapman, Otis Lindell Chapman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Diamond, David) (Filed on 10/28/2021)
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Filing 24
MOTION for Partial Summary Judgment on the Application of Issue Preclusion/Collateral Estoppel to the Issue of General Causation filed by Kim Chapman, Otis Lindell Chapman. Motion Hearing set for 12/13/2021 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 11/10/2021. Replies due by 11/24/2021. (Diamond, David) (Filed on 10/28/2021) Modified on 10/29/2021 (gba, COURT STAFF).
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Filing 23
ORDER by Judge Vince Chhabria granting (13864) Motion for Extension of Time to File Response/Reply in case 3:16-md-02741-VC; granting (20) Motion for Extension of Time to File Response/Reply in case 3:20-cv-01277-VC. (crblc4, COURT STAFF) (Filed on 10/8/2021)
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Filing 22
OPPOSITION/RESPONSE (re #13 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Testimony of Wave 3 Plaintiffs' General Causation Experts Under Rule 702 and for Summary Judgment on Causation Grounds ) filed byMichael J. Miller. (Miller, Michael) (Filed on 10/1/2021)
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Filing 21
OPPOSITION/RESPONSE (re #12 MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion for Summary Judgment on Non-Causation Grounds ) filed byMichael J. Miller. (Miller, Michael) (Filed on 10/1/2021)
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Filing 20
Consent MOTION for Extension of Time to File Response/Reply and Cross-Motions Re: Daubert and Summary Judgment filed by Kim Chapman, Otis Lindell Chapman. (Attachments: #1 Proposed Order)(Diamond, David) (Filed on 9/28/2021)
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Filing 19
Declaration of Jed P. White in Support of #17 MOTION to Strike -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Plaintiffs' Specific Causation Expert Dr. Clayton Smith on Rule 702 Grounds filed byMonsanto Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #17 ) (White, Jed) (Filed on 9/22/2021)
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Filing 18
MOTION to Exclude Expert Testimony of Dr. William Sawyer Under Rule 702 filed by Monsanto Company. Motion Hearing set for 12/13/2021 09:00 AM before Judge Vince Chhabria. Responses due by 10/6/2021. Replies due by 10/13/2021. (Attachments: #1 Declaration, #2 Exhibit 1 Sawyer Expert Report (Vosper), #3 Exhibit 2 Sawyer Expert Report (Chapman), #4 Exhibit 3 Sawyer Deposition (Vosper), #5 Exhibit 4 Sawyer Expert Disclosure (Vosper), #6 Exhibit 5 Chapman Expert Disclosure, #7 Exhibit 6 Sawyer Deposition (Chapman), #8 Exhibit 7 George 2010, #9 Exhibit 8 EPA Issue Paper, #10 Exhibit 9 IARC Monograph Vol. 122, #11 Exhibit 10 Reference Manual, #12 Exhibit 11 Bradford-Hill 1965, #13 Exhibit 12 Sawyer Deposition (Giglio), #14 Exhibit 13 Sawyer Deposition (Schafer), #15 Exhibit 14 Sawyer Deposition (Pilliod), #16 Exhibit 15 EPA Memo 2020, #17 Exhibit 16 Kabat 2021, #18 Exhibit 17 Donato 2020, #19 Exhibit 18 BAuA 2016, #20 Exhibit 19 Sawyer Deposition (Schaffner), #21 Exhibit 20 EPA Interim Review Decision, #22 Exhibit 21 Sawyer Testimony (Pilliod), #23 Exhibit 22 Benbrook Deposition (Peterson/Hall), #24 Exhibit 23 Sawyer Testimony (Pilliod), #25 Exhibit 24 Sawyer Deposition (Lamb), #26 Exhibit 25 Sawyer Supplemental Report (Vosper))(Lasker, Eric) (Filed on 9/22/2021)
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Filing 17
MOTION to Strike -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Plaintiffs' Specific Causation Expert Dr. Clayton Smith on Rule 702 Grounds filed by Monsanto Company. Responses due by 10/6/2021. Replies due by 10/13/2021. (White, Jed) (Filed on 9/22/2021)
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Filing 16
Administrative Motion to File Under Seal Portions of Exhibits to Monsanto Company's Motion to Exclude Testimony of Dr. William Sawyer filed by Monsanto Company. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Exhibit 1, #4 Unredacted Version of Exhibit 1, #5 Redacted Version of Exhibit 2, #6 Unredacted Version of Exhibit 2)(Lasker, Eric) (Filed on 9/22/2021)
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Filing 15
Declaration of Jed P. White in Support of #14 MOTION for Summary Judgment -- Monsanto Company's Notice of Motion and Motion for Summary Judgment Based on Texas Presumption of No Liability filed byMonsanto Company. (Attachments: #1 Exhibit 1 - 14)(Related document(s) #14 ) (White, Jed) (Filed on 9/21/2021)
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Filing 14
MOTION for Summary Judgment -- Monsanto Company's Notice of Motion and Motion for Summary Judgment Based on Texas Presumption of No Liability filed by Monsanto Company. Responses due by 10/5/2021. Replies due by 10/12/2021. (White, Jed) (Filed on 9/21/2021)
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Filing 13
MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion to Exclude Testimony of Wave 3 Plaintiffs' General Causation Experts Under Rule 702 and for Summary Judgment on Causation Grounds filed by Monsanto Company. Responses due by 10/1/2021. Replies due by 10/8/2021. (Attachments: #1 Declaration of Jed P. White)(White, Jed) (Filed on 9/17/2021)
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Filing 12
MOTION for Summary Judgment -- Defendant Monsanto Company's Notice of Motion and Motion for Summary Judgment on Non-Causation Grounds filed by Monsanto Company. Responses due by 10/1/2021. Replies due by 10/8/2021. (White, Jed) (Filed on 9/17/2021)
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Filing 11
STIPULATION Identifying Governing State Law of Wave III Plaintiffs filed by Kim Chapman, Otis Lindell Chapman. (Diamond, David) (Filed on 7/6/2021)
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Filing 10
NOTICE by Kim Chapman, Otis Lindell Chapman of Service of Expert Disclosures (Diamond, David) (Filed on 6/29/2021)
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Filing 9
NOTICE of Appearance by David J. Diamond (Diamond, David) (Filed on 3/10/2020)
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Filing 8
Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 3/3/2020)
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Filing 7
Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 3/3/2020)
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Filing 6
ANSWER to Complaint with jury demand byMonsanto Company. (Hollingsworth, Joe) (Filed on 3/3/2020)
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Filing 5
Case transferred in from District of Texas Southern; Case Number 4:19-cv-04698. Original file certified copy of transfer order and docket sheet received.
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MEMBER CASE OPENED: Southern District of Texas, 4:19-cv-04698, Chapman et al v. Monsanto Company, Opened in California Northern District as 3:20-cv-1277 VC pursuant to Conditional Transfer Order #4 cc: JPMDL (slhS, COURT STAFF) (Filed on 2/20/2020)
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Filing 4
JPML CONDITIONAL TRANSFER ORDER (CTO-187) transferring case to Northern District of California to be included in MDL Docket No. 2741. (lgouadi, 4)
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Interdistrict transfer to Northern District of California. Case transferred electronically. (lgouadi, 4)
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Summons Issued as to Monsanto Company. Issued summons delivered to plaintiff by First-class mail, filed.(thanniable, 4)
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Filing 3
ORDER on Initial Discovery Protocols re Mandatory Initial Discovery Pilot Project.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 2
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 2/28/2020 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Judge's Procedures) Parties notified.(ckrus, 4)
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Filing 1
COMPLAINT against Monsanto Company (Filing fee $ 400 receipt number 0541-23679226) filed by Otis Lindell Chapman, Kim Chapman. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Collins, Robert)
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