Koen vs. Monsanto Company
| Bradley Koen and Michael J. Miller |
| Monsanto Company |
| 1:2022cv00209 |
| March 3, 2022 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 Pro Hac Vice Letters mailed to Brian Keith Brake, Michael Joseph Miller, Eric G. Lasker, Jed P. White and Joe G. Hollingsworth. (dl) |
| Notice of Correction: Case randomly assigned in error. Direct assigned to the presiding judge at the time of the initial transfer to ND/CA. (dl) |
| Filing 38 Please DisregardPro Hac Vice Letters mailed to Brian K. Brake, Michael Joseph Miller, Eric P. Lasker, Jed P. White and Joe G. Hollingsworth. (dl) |
| Case assigned to Judge Robert Pitman. Judge Lee Yeakel no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl) |
| Please DisregardIf ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl) |
| Please Disregard Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
| Filing 37 Case electronically transferred in from Northern District of California; Case Number 3:20-cv-03074. |
| MDL 2741 MEMBER CASE CLOSED: Pursuant to the Suggestion of Remand to Transferor Court, civil case no. 3:20-cv-03074-VC Koen vs. Monsanto Company is remanded to the Western District of Texas. cc: JPMDL (wsn, COURT STAFF) (Filed on 3/3/2022) [Transferred from California Northern on 3/3/2022.] |
| Filing 36 SUGGESTION OF REMAND TO TRANSFEROR COURT. Signed by Judge Vince Chhabria on February 25, 2022. (crblc4, COURT STAFF) (Filed on 2/25/2022) [Transferred from California Northern on 3/3/2022.] |
Filing 35
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) [Transferred from California Northern on 3/3/2022.]
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Filing 34
PRETRIAL ORDER NO. 263: GRANTING MOTIONS TO EXCLUDE WAVE 3 SPECIFIC CAUSATION EXPERTS DRS. KATZ AND SCOLA. Signed by Judge Vince Chhabria on January 3, 2022. (crblc4, COURT STAFF) (Filed on 1/3/2022) [Transferred from California Northern on 3/3/2022.]
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Filing 33
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) [Transferred from California Northern on 3/3/2022.]
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Filing 32
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) [Transferred from California Northern on 3/3/2022.]
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| Filing 31 CLERK'S NOTICE vacating the hearing scheduled for 12/13/2021 re #19 Motion to to Exclude Expert Testimony. 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) [Transferred from California Northern on 3/3/2022.] |
| Filing 30 Letter from Brian K. Brake, Esq. Monsanto's Request for Oral Argument On Wave 3 Motions. (Brake, Brian) (Filed on 11/23/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 29 REPLY (re #17 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 11/8/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 28 REPLY (re #19 MOTION to Exclude Expert Testimony of Dr. Michael Freeman and Dr. Michael Scola Under Rule 702 ) filed byMonsanto Company. (Lasker, Eric) (Filed on 11/3/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 27 OPPOSITION/RESPONSE (re #17 MOTION for Summary Judgment -- Monsanto Company's Notice of Motion and Motion for Summary Judgment Based on Texas Presumption of No Liability ) filed byBradley Koen. (Attachments: #1 Declaration Declaration of Scott Hendler, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Hendler, Scott) (Filed on 10/26/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 26 OPPOSITION/RESPONSE (re #19 MOTION to Exclude Expert Testimony of Dr. Michael Freeman and Dr. Michael Scola Under Rule 702 ) filed byBradley Koen. (Attachments: #1 Exhibit FREEMAN REPORT, #2 Exhibit FREEMAN DEPO EXCERPTS, #3 Exhibit FREEMAN DEPO PT. 2 EXCERPTS, #4 Exhibit SCOLA DEPO EXCERPTS, #5 Exhibit SCOLA DEPO EXHIBIT, #6 Exhibit SCOLA REPORT, #7 Declaration DECLARATION)(Hendler, Scott) (Filed on 10/20/2021) [Transferred from California Northern on 3/3/2022.] |
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Filing 25
ORDER by Judge Vince Chhabria granting (14013) Motion for Extension of Time to File Response/Reply in case 3:16-md-02741-VC; granting (24) Motion for Extension of Time to File Response/Reply in case 3:20-cv-03074-VC. (crblc4S, COURT STAFF) (Filed on 10/18/2021) [Transferred from California Northern on 3/3/2022.]
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| Filing 24 MOTION for Extension of Time to File Response/Reply filed by Bradley Koen. (Attachments: #1 Declaration Declaration of Harini Raghupathi)(Hendler, Scott) (Filed on 10/13/2021) [Transferred from California Northern on 3/3/2022.] |
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Filing 23
ORDER by Judge Vince Chhabria granting Motion for Extension of Time to File Response/Reply: 13870 in case 3:16-md-02741-VC; (20) in case 3:20-cv-03074-VC. (vclc3S, COURT STAFF) (Filed on 10/5/2021) [Transferred from California Northern on 3/3/2022.]
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| Filing 22 OPPOSITION/RESPONSE (re #16 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) [Transferred from California Northern on 3/3/2022.] |
| Filing 21 OPPOSITION/RESPONSE (re #15 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) [Transferred from California Northern on 3/3/2022.] |
| Filing 20 MOTION for Extension of Time to File Response/Reply and Proposed Order filed by Bradley Koen. (Hendler, Scott) (Filed on 9/29/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 19 MOTION to Exclude Expert Testimony of Dr. Michael Freeman and Dr. Michael Scola 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 Scola Deposition (Koen), #3 Exhibit 2 Freeman Deposition (Koen), #4 Exhibit 3 Freeman Expert Report (Koen), #5 Exhibit 4 Scola Expert Report (Koen))(Lasker, Eric) (Filed on 9/22/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 18 Declaration in Support of #17 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) #17 ) (White, Jed) (Filed on 9/21/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 17 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) [Transferred from California Northern on 3/3/2022.] |
| Filing 16 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) [Transferred from California Northern on 3/3/2022.] |
| Filing 15 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) [Transferred from California Northern on 3/3/2022.] |
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Filing 14
ORDER by Judge Vince Chhabria granting Motion to Withdraw as Attorney: 13487 in case 3:16-md-02741-VC; (12) in case 3:20-cv-03074-VC. (vclc3S, COURT STAFF) (Filed on 8/25/2021) [Transferred from California Northern on 3/3/2022.]
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| Filing 13 Proposed Order re #12 MOTION to Withdraw as Attorney Rebecca Webber by Bradley Koen. (Hendler, Scott) (Filed on 8/12/2021) [Transferred from California Northern on 3/3/2022.] |
| Filing 12 MOTION to Withdraw as Attorney Rebecca Webber filed by Bradley Koen. Responses due by 8/26/2021. (Hendler, Scott) (Filed on 8/12/2021) [Transferred from California Northern on 3/3/2022.] |
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Filing 11
ORDER re: Incorrectly Filed Motion. (vclc3S, COURT STAFF) (Filed on 8/5/2021) [Transferred from California Northern on 3/3/2022.]
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| Filing 10 Letter Brief Applicable State Law. (Attachments: #1 Proposed Order Defendant Proposed Order, #2 Proposed Order Plaintiff Proposed Order)(Hendler, Scott) (Filed on 7/6/2021) Modified on 7/7/2021 (elyS, COURT STAFF). [Transferred from California Northern on 3/3/2022.] |
| Filing 9 ANSWER to Complaint with Jury Demand byMonsanto Company. (Hollingsworth, Joe) (Filed on 5/8/2020) [Transferred from California Northern on 3/3/2022.] |
| Filing 8 Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 5/8/2020) [Transferred from California Northern on 3/3/2022.] |
| Filing 7 Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. (Hollingsworth, Joe) (Filed on 5/8/2020) [Transferred from California Northern on 3/3/2022.] |
| Filing 6 Case transferred in from District of Texas Western; Case Number 1:20-cv-00241. Original file certified copy of transfer order and docket sheet received. [Transferred from California Northern on 3/3/2022.] |
| MEMBER CASE OPENED MDL 2741: Western District of Texas (Austin), 1:20-cv-00241-RP, Koen vs. Monsanto Company, Opened in California Northern District as 3:20-cv-03074-VC pursuant to Conditional Transfer Order 204 cc: JPMDL (elyS, COURT STAFF) (Filed on 5/5/2020) [Transferred from California Northern on 3/3/2022.] |
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Filing 5
Conditional Transfer Order transferring this action to the Northern District of California. Entered by the Judicial Panel on Multidistrict Litigation In Re: Roundup Products Liability Litigation (MDL No. 2741). Signed by Judge Unassigned. (jv2) [Transferred from California Northern on 3/3/2022.]
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| Filing 4 Amended Emergency Order in Light of the COVID-19 Pandemic [Transferred from California Northern on 3/3/2022.] |
| Filing 3 WAIVER OF SERVICE Returned Executed by Bradley Koen as to Monsanto Company. Waiver sent on 3/12/2020, answer due 5/11/2020. (Hendler, Scott) [Transferred from California Northern on 3/3/2022.] |
| Filing 2 Emergency Order in Light of the COVID-19 Pandemic (tada) [Transferred from California Northern on 3/3/2022.] |
| Filing 1 COMPLAINT (Filing fee $ 400 receipt number 0542-13302156.), filed by Bradley Koen. (Attachments: #1 Civil Cover Sheet)(Hendler, Scott) Modified on 3/5/2020 to add receipt number(tr). (Attachment 1 replaced and flattened on 3/5/2020) (cj). [Transferred from California Northern on 3/3/2022.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from California Northern on 3/3/2022.] |
| DEMAND for Trial by Jury by Bradley Koen. (cj) [Transferred from California Northern on 3/3/2022.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj) [Transferred from California Northern on 3/3/2022.] |
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