City of Seattle v. Monsanto Company et al
| City of Seattle |
| Monsanto Company, Solutia Inc, Pharmacia Corporation and Does 1 through 100 |
| 2:2016cv00107 |
| January 25, 2016 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Robert S. Lasnik |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
811
ORDER denying Defendants' 326 MOTION for Summary Judgment. Signed by Judge Richard A. Jones. (SS)
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Filing
803
ORDER: The City's Pleus Motions (dkt. ## 607 , 611 ) are GRANTED in part and DENIED in part; Defendants' Cowan Motion (dkt. # 646 ) is GRANTED; Defendants' Carpenter Motion (dkt. # 608 ) is DENIED; Defendants' Chernaik Motion (dkt. # 612 ) is GRANTED in part and DENIED in part. Dr. Sunding's declaration (dkt. # 692 ) and Dr. Pleus's declaration (dkt. # 365 ) are both STRICKEN pursuant to Fed. R. Civ. P. 37(c)(1). Signed by Hon. Michelle L. Peterson. (SS)
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Filing
791
ORDER: The City's Sunding Motions (dkt. ## 615 , 617 ) are GRANTED; the City's Eaton Motion (dkt. # 619 ) is GRANTED; Defendants' DeGrandchamp Motion (dkt. # 628 ) is DENIED; and Defendants' Hiltner Motion (dkt. # 635 ) is GRANTED in part and DENIED in part. Signed by Hon. Michelle L. Peterson. (SS)
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Filing
784
ORDER: Defendants' (dkt. # 634 ) Motion to Exclude Expert Testimony of Lisa Rodenburg is DENIED. The City's (dkt. # 621 ) Motion to Exclude Proposed Expert Testimony by John Woodyard is GRANTED in part and DENIED in part. Signed by Hon. Michelle L. Peterson. (SS)
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Filing
777
ORDER granting in part and denying in part Plaintiff's 603 Motion to Exclude. Signed by Hon. Michelle L. Peterson. (MJV)
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Filing
772
ORDER: The City's Motion (dkt. # 599 ) is GRANTED in part as to Mr. Karls and Mr. Recker's fifth opinion that landfills are not a source of PCBs to the LDW, but is otherwise denied. Defendants' Velleux Motion (dkt. # 629 ) is GRAN TED as to excluding Dr. Velleux's specific reference to a risk management paradigm or a descending order of risk hierarchy, but is otherwise denied. Defendants' Apt Motion (dkt. # 644 ) is GRANTED. Dr. Velleux's declaration (dkt. # 652 ) is STRICKEN pursuant to Fed. R. Civ. P. 37(c)(1). Signed by Hon. Michelle L. Peterson. (SS)
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Filing
761
ORDER: Defendants' Buckley Motion (dkt. # 632 ) is GRANTED. Defendants' Trapp Motion (dkt. # 626 ) is DENIED. The City's Motion (dkt. # 605 ) is DENIED as MOOT. Dr. Trapp's declaration (dkt. # 674 ) is STRICKEN pursuant to Fed. R. Civ. P. 37(c)(1). Signed by Hon. Michelle L. Peterson. (SS)
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Filing
756
ORDER granting Defendants' 585 MOTION for Reconsideration re 581 Order on Motion for Partial Summary Judgment. Signed by Judge Richard A. Jones. (LH)
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Filing
755
ORDER adopting 587 Report and Recommendation re Defendant's 326 MOTION for Summary Judgment. Defendants Monsanto Company, Solutia Inc., and Pharmacia Corporation's Motion for Summary Judgment (dkt. # 326 ) is DENIED. Signed by Judge Richard A. Jones. (SS)
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Filing
750
ORDER granting in part and denying in part Plaintiff's 601 Motion to Exclude Proposed Expert Testimony by Marc Rogoff. The City's Motion is granted in part as to Dr. Rogoff's second opinion but otherwise denied. Signed by Hon. Michelle L. Peterson. (SS)
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Filing
743
ORDER: The City's Motion (dkt. # 597 ) is GRANTED in part and DENIED in part. Specifically, the City's Motion is granted as to excluding Dr. Kytoma's Opinions 2-4, and the identified summation of historical documents in his reports, b ut otherwise denied. Defendants' Cooper Motion (dkt. # 624 ) is DENIED. Defendants' Markowitz Motion (dkt. # 638 ) is GRANTED in part and DENIED in part. Defendants' Markowitz Motion is granted in part as to Dr. Markowitz's disposal recommendations but otherwise denied. Signed by Hon. Michelle L. Peterson. (SS)
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Filing
734
ORDER granting Defendants' 732 Motion for Extension of Time. Defendants shall refile the opposition briefs and declarations without substantive amendment by 6/9/2023. Signed by Hon. Michelle L. Peterson. (SS)
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Filing
581
ORDER granting in part and denying in part Plaintiff's 271 Motion for Partial Summary Judgment. The Motion is granted as to Affirmative Defenses 1, 8-10, 13, 20, 30-31, 37-38, 41, 45-47, 50, 53, 58-59, 61, 66, 80, 85-86 and is otherwise denied. Signed by Judge Richard A. Jones. (SS)
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Filing
550
ORDER signed by Hon. Michelle L. Peterson. Defendants' 531 542 Motions for Protective Orders are DENIED. ***Please see order for specific rulings.***(TF)
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Filing
538
ORDER adopting 519 Report and Recommendation. Plaintiff City of Seattle's "Motion to Strike Defendants' Amendments to their Affirmative Defenses 10, 15, 18, 21, and 82" (dkt. # 343 ) is GRANTED in part and DENIED in part. Plaint iff's Motion is GRANTED as to striking Defendants' amendments to affirmative defenses 15, 18, and 21. Plaintiff's Motion is DENIED with regard to striking Defendants' amendments to affirmative defenses 10 and 82. The Court amends the Report and Recommendation to permit until 2/6/2023, to conduct discovery regarding the meaning of the terms of the State Settlement Agreement, the intent of the parties to the State Settlement Agreement, the scope of any release authorized by the State Settlement Agreement, and any other relevant surrounding circumstances. Defendants' Motion to Stay Discovery (dkt. # 523 ) is DENIED. Signed by Judge Richard A. Jones. (SB)
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Filing
506
ORDER: Oral argument is set for 11/16/2022, at 1:00 p.m. before Hon. Michelle L. Peterson on both Defendants' Motion (dkt. # 326 ) and Plaintiffs Motion (dkt. # 343 ). The parties are each authorized to submit 20-pages of supplemental briefin g, by close of business on 11/10/2022. The Clerk is directed to RE-NOTE the parties' pending Daubert Motions and Motions to Strike (dkt. ## 274 , 276 , 278 , 280 , 282 , 284 , 286 , 288 , 290 , 292 , 297 , 298 , 300 , 302 , 304 , 306 , 308 , 310 , 312 , 314 , 316 , 318 , 320 ) for the Court's consideration on 11/25/2022. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
499
ORDER denying Defendants' 322 MOTION to Clarify Protective Order re 169 Protective Order. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
497
ORDER: The science day tutorial will now take place over the Zoom format on 10//6/2022, at 8:00 a.m. The parties shall still exchange any draft PowerPoints and/or demonstrative exhibits they intend to utilize during their respective presentations by 10/4/2022, at 9:00 a.m. However, the parties shall now exchange their final PowerPoints and/or demonstrative exhibits, and submit them to the Court, by 10/6/2022 at 7:00 a.m. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
458
ORDER: This matter comes before the Court on the parties' submission of numerous motions to exclude expert testimony for failure to satisfy Daubert (dkt. ## 274 , 276 , 278 , 280 , 282 , 284 , 288 , 292 , 297 , 298 , 300 , 302 , [ 304], 306 , 308 , 310 , 312 , 314 , 316 , 318 , 320 ) and Plaintiff's submission of motions to strike supplements to Defendants' expert reports (dkt. ## 286 , 290 ). The parties are ORDERED to meet and confer and to file a joi nt proposal by 9/9/2022, that addresses the parameters of the Court's proposed science tutorial. The Court's Courtroom Deputy will contact the parties to schedule a date and time for the science tutorial presentation, which this Court presently expects to occur sometime in early October 2022 and not to exceed the length of one court day. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
456
ORDER granting Defendants' 333 Motion for Extension of Time for Filing. ECF Documents numbered 327 through 332 are deemed to have been timely filed. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
342
ORDER granting Parties' 340 Stipulated MOTION to Renote Motion to Exclude Expert Carpenter Testimony (DKT. 306 ) and Extend Response Deadlines. The Clerk is directed to RE-NOTE Defendants' Motion (dkt. # 306 ) for this Court's consideration on 9/2/2022. Plaintiff shall have up to and including 8/26/2022, to file Plaintiff's Response. Defendants shall up to and including 9/2/2022, to file Defendants' Reply. Signed by Hon. Michelle L. Peterson. (SR)
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Filing
216
STIPULATION AND ORDER re Parties' 211 Stipulated MOTION and Proposed Order re Parties' Use of Private Discovery Master. Judge Paris Kallas shall act as a private Discovery Master in accordance with the foregoing stipulation of the parties. Signed by Judge Robert S. Lasnik. (LH)
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Filing
180
STIPULATION AND ORDER re Parties' 179 Stipulation re Proposed Revised Stipulated Mutual Clawback Order. Signed by Judge Robert S. Lasnik. (LH)
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Filing
178
LETTER re Parties' 175 Stipulated Mutual Clawback Order. The proposed order received by the Court will remain lodged in the file, but will not be entered. The parties may resubmit a proposed order if they remedy the identified deficiencies. Signed by Judge Robert S. Lasnik. (LH)
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Filing
169
PROTECTIVE ORDER granting Plaintiff's 139 MOTION for Protective Order. Signed by Judge Robert S. Lasnik. (MW)
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Filing
157
ORDER granting 156 Stipulated Motion and Order Amending Trial Date and Related Dates: Jury Trial is set for 3/7/2022 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Length of trial: 3 to 12 weeks, Fact discovery completed by 5/14/2021 , Amended Pleadings due by 5/14/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/18/2021, Expert discovery completed by 9/3/2021, Attorney settlement conference to be held by 10/1/2021, Dispositive motions due by 10/7/2021, Motions in Limine due by 12/2/2021, Pretrial Order due by 1/28/2022, Trial briefs to be submitted by 2/11/2022, Proposed voir dire/jury instructions and trial exhibits due by 2/11/2022, signed by Judge Robert S. Lasnik. (KERR)
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Filing
154
STIPULATION AND ORDER extending stay of case re Parties' 153 Stipulated Motion. Signed by Judge Robert S. Lasnik.(MW)
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Filing
152
STIPULATION AND ORDER to Stay re parties' 151 Stipulated Motion signed by Judge Robert S. Lasnik. (TH)
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Filing
135
Amended ORDER granting Defendant Monstanto Company's 118 Motion to Compel Response to Monsanto Company's Special Interrogatories and Requests for Production: Plaintiff is ORDERED to produce the requested documents by its second self-imposed deadline of 11/18/2019. Signed by Judge Robert S. Lasnik.(MW)
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Filing
124
ORDER re Parties' 123 Stipulated Motion: Defendants' 118 MOTION to Compel renoted for 8/16/2019. Signed by Judge Robert S. Lasnik.(MW)
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Filing
116
ORDER granting in part and denying in part plaintiff's 95 Motion to Dismiss. Signed by Judge Robert S. Lasnik. (SWT)
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Filing
97
STIPULATION AND ORDER to Extend Time re parties' 96 Stipulated Motion; RENOTING Plaintiff's 92 MOTION to Dismiss Defendants' Counter-Claims and to Strike Certain Defenses : Noting Date 11/10/2017, signed by Judge Robert S. Lasnik.(SWT)
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Filing
90
ORDER granting Defendants' 76 Motion for Leave to Amend Answer and Counterclaims. Monsanto's proposed "First Amended Answer to Plaintiff's First Amended Complaint and Counterclaims," attached as Exhibit A, Dkt. # 76 -2, is hereby entered and incorporated into the record of this matter. Signed by Judge Robert S. Lasnik. (TH)
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Filing
85
ORDER granting Plaintiff's 82 , 83 Stipulated Motion for Relief from a Deadline and Leave to File Over-Length Motion, signed by Judge Robert S. Lasnik. (SWT)
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Filing
78
ORDER granting Defendants' 73 Motion to Stay Briefing on Plaintiff's Motion to Dismiss, by Judge Robert S. Lasnik. (SWT)
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Filing
65
ORDER granting parties' 64 Stipulated Joint Motion for Extension of Time; deadline for Plaintiff to file a responsive pleading to the Defendants' Counterclaims is EXTENDED to 4/28/2017, by Judge Robert S. Lasnik. (SWT)
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Filing
62
ORDER Granting 61 Stipulated Motion to Extend Time for Defendants to File Responsive Pleading to Plaintiff City of Seattle's First Amended Complaint, by Judge Robert S. Lasnik. Deadline extended to March 24, 2017. (KERR)
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Filing
60
ORDER granting in part and denying in part defendants' 34 Motion to Dismiss Plaintiff's First Amended Complaint, by Judge Robert S. Lasnik. Seattle's claims for defective design, failure to warn, and equitable indemnity are hereby dismissed. (KERR)
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