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14-2591 - In Re: Syngenta AG MIR162 Corn Litigation **COUNSEL: DO NOT ADD PARTIES.**


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14-2591 - In Re: Syngenta AG MIR162 Corn Litigation **COUNSEL: DO NOT ADD PARTIES.**
March 13, 2015
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STIPULATED PROTECTIVE ORDER. The court finds good cause to enter the protective order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 3/13/2015. (ah)
March 31, 2015
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ORDER Approving Parties' Jointly Proposed ESI Protocol. Signed by Magistrate Judge James P. O'Hara on 3/31/2015. (kg)
April 20, 2015
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SCHEDULING ORDER for Service of Process. Signed by Magistrate Judge James P. O'Hara on 4/20/2015. (ah)
May 5, 2015
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MEMORANDUM AND ORDER - It is ordered that in Case Nos. 15-2012-JWL and 15-2017-JWL, plaintiffs' motion for remand 283 is denied. It is further ordered that in Case Nos. 15-2018-JWL and 15-2240-JWL, plaintiffs' motion to remand 283 is granted, and those cases shall be remanded to the state courts in which they were originally filed. The Clerk of Court is ordered to take the necessary steps to effect that remand. Signed by District Judge John W. Lungstrum on 05/05/2015. (ses)
May 8, 2015
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MEMORANDUM AND ORDER - Syngenta s remaining objection (Doc. #301) to Co-Lead-Counsel's proposed common benefit order is sustained; and objections to the proposed order submitted by the Byrd Objectors (Doc. #307, 376) and attorney Brandon Wise (by letter of April 22, 2015) are overruled. Co-Lead-Counsel for plaintiffs shall submit a revised proposed order in accordance withthis order on or before May 15, 2015. Further, Co-Lead-Counsel's motion for approval of certain agreements (Doc. #331) is hereby denied, and the Byrd Objectors' motion to unseal the motion for approval (Doc. #336) is hereby denied. Signed by District Judge John W. Lungstrum on 05/08/2015. (mg)
May 20, 2015
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DISCOVERY ORDER. Signed by Magistrate Judge James P. O'Hara on 5/20/2015. (ah)
May 28, 2015
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ORDER denying 427 Motion for Leave to File Master Complaints Under Seal. Signed by Magistrate Judge James P. O'Hara and District Judge John W. Lungstrum on 5/28/2015. (ah)
July 27, 2015
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ORDER APPROVING REQUESTED BRIEFING SCHEDULE REGARDING THE TWO DISPUTES OVER SYNGENTA'S FIRST SET OF REQUESTS FOR PRODUCTION TO PRODUCER PLAINTIFFS. Signed by Magistrate Judge James P. O'Hara on 7/27/2015. (kg)
July 27, 2015
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MEMORANDUM AND ORDER granting in part and denying in part 854 Co-Lead Counsel's Motion for Entry of a Proposed Common Benefit Order. The motion is specifically denied with respect to the proposed language regarding Phipps Anderson Deacon LLP. Signed by District Judge John W. Lungstrum on 07/27/2015. (ses)
September 11, 2015
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MEMORANDUM AND ORDER granting in part and denying in part 856 Motion to Dismiss and 929 Motion to Dismiss. Plaintiffs are granted leave to file amended complaint to cure certain pleading deficiencies, as set forth herein, by October 4, 2015. Signed by District Judge John W. Lungstrum on 09/11/2015. (ses)
December 14, 2015
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ORDER after December 14, 2015 telephone status conference, setting deadlines. Signed by Magistrate Judge James P. O'Hara on 12/14/2015. (ah)
February 25, 2016
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COORDINATION ORDER RELATED TO SETTLEMENT - By March 11, 2016, counsel for all parties in these cases are ordered to confer in good faith and then provide input to the Courts on appointment of a single Special Master. (SEE ORDER FOR FURTHER INFORMATION.) Signed by District Judge John W. Lungstrum on 02/25/2016. (ses)
March 11, 2016
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MEMORANDUM AND ORDER denying 1367 Syngenta's MOTION to Dismiss Cases Filed in Kansas by Non-Kansas Plaintiffs For Lack of Personal Jurisdiction and Improper Venue. Signed by District Judge John W. Lungstrum on 03/11/2016. (ses)
March 23, 2016
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ORDER APPOINTING SPECIAL MASTER FOR SETTLEMENT Signed by District Judge John W. Lungstrum on 03/23/2016. (ses)
April 4, 2016
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STIPULATION AND ORDER REGARDING PERSONAL JURISDICTION AGAINST DEFENDANTS IN KANSAS. Signed by District Judge John W. Lungstrum and Magistrate Judge James P. O'Hara on 4/4/2016. (ah)
April 4, 2016
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MEMORANDUM AND ORDER granting 1434 joint motion to dismiss defendants' counterclaims and third-party complaints filed by ADM, Cargill, and Rail Transfer, and the third-party claims and counterclaims asserted against those parties in this MDL are hereby dismissed. It is further ordered that 1436 Rail Transfer's additional motion to dismiss is denied as moot. Signed by District Judge John W. Lungstrum on 04/04/2016. (ses)
April 7, 2016
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MEMORANDUM AND ORDER - It is ordered that defendants' motion to strike producer plaintiffs' expanded class allegations 1493 is hereby granted, and the Court hereby strikes the expanded class definitions in producer plaintiffs' second amended class action master complaint. Signed by District Judge John W. Lungstrum on 04/07/2016. (ses)
May 17, 2016
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MEMORANDUM AND ORDER relates to specific cases McDonald AG Inc., et al. v. Syngenta AG, et al., No. 15-9592-JWL; Koeller, et al. v. Syngenta AG, et al., No. 15-9593-JWL; and Wright, et al. v. Syngenta AG, et al., No.15-9597-JWL: granting in part and denying in part 1763 Syngenta's Motion for Reconsideration of the Court's Memorandum and Order of March 11, 2016. Syngneta's motion to dismiss for lack of personal jurisdiction 1367 is granted in part. By further order, the claims brought in these cases by non-Kansas plaintiffs shall be transferred to the districts in which they reside. After consultation with Syngenta, plaintiffs shall submit, on or before May 25, 2016, a proposed order setting forth the appropriate district for each plaintiff. Signed by District Judge John W. Lungstrum on 05/17/2016. (ses) Modified on 5/18/2016 (lak).
August 17, 2016
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MEMORANDUM AND ORDER - It is ordered that defendant Syngenta's motion for partial summary judgment on the pleadings 1927 is granted in part and denied in part and Syngenta is granted judgment on the claims deemed preempted by the court. It is further ordered that defendant Syngenta's motion to dismiss in the Phipps cases 2122 is granted in part and denied in part. The motion is granted with respect to claims based on a theory of res ipsa loquitur and certain other claims that are preempted and such claims are dismissed. The motion is otherwise denied. It is further ordered that ABCD defendants' motion to dismiss in the Phipps cases 2125 is granted and all claims against those parties are hereby dismissed. It is further ordered that Gavilon Grain's motion to dismiss in the Phipps cases 2119 is granted and all claims against that defendant are dismissed; although the Phipps plaintiffs are granted leave to file amended complaints on or before 09/06/16, to cure pleading deficiencies relating to their claims against Gavilon Grain based on the existence of a partnership. Signed by District Judge John W. Lungstrum on 08/17/2016. (ses)
August 24, 2016
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ORDER granting 2445 motion to withdraw as counsel. See order for details. Signed by Magistrate Judge James P. O'Hara on 8/24/2016. Mailed to pro se party by regular and certified mail. Certified Mail Receipt: 7012 3460 0000 8262 7808 and 7012 3460 0000 8262 7815. (ah) Modified on 10/19/2016 (WO)(lak).
September 2, 2016
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MEMORANDUM AND ORDER - It is ordered that producer plaintiffs' motion to strike the Phipps plaintiffs' expert report 2428 is granted in part and denied in part. It is further ordered that Syngenta's motion to strike certain arguments and new evidence from plaintiffs' class certification reply brief 2458 is granted in part and denied in part. It is further ordered that Syngenta's motion for an evidentiary hearing on class certification 2418is granted in part. SEE ORDER FOR DETAILS regarding evidentiary hearing. Signed by District Judge John W. Lungstrum on 09/02/2016. (ses)
September 8, 2016
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MEMORANDUM AND ORDER overruling Plaintiffs' objection 2364 to the Magistrate Judge's Order of July 20, 2016, is hereby overruled, and plaintiffs' motion to amend 2237 is therefore denied on the terms set forth by the Magistrate Judge. Signed by District Judge John W. Lungstrum on 09/08/2016. (ses)
September 26, 2016
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MEMORANDUM AND ORDER - It is ordered that the producer plaintiffs' motion for class certification 2156 is hereby granted, and the Court certifies a nationwide class and eight statewide classes pursuant Rule 23(b)(3) as set forth herein. The Court finds that appointment of Don M. Downing, Patrick J. Stueve, Scott Powell, and William Chaney as class counsel is appropriate, and it hereby makes such appointment. Plaintiff shall submit to the Court a proposed plan for notice to the class members pursuant to Rule 23(c)(2)(B) on or before October 17, 2016. Signed by District Judge John W. Lungstrum on 09/26/2016. (ses)
September 29, 2016
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MEMORANDUM AND ORDER (as to 16-2582, 16-2329, 16-2330, and 16-2331) It is ordered that in Case No. 16-2582 plaintiffs' motion to remand (Doc. # 13, docketed in Case No. 16-2582) is hereby denied. It is further ordered that in Case Nos. 16-2329, 16-2330, and 16-2331, plaintiffs' motion to remand (Doc. 2093), docketed in Case No. 14-2591) is denied. Signed by District Judge John W. Lungstrum on 09/29/2016. (ses)
October 6, 2016
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MEMORANDUM AND ORDER AS RELATES TO #15-9637 POSPISIL ONLY -- Defendants' Motion to Dismiss (Document #24 in case 15-9637) is granted. Case #15-9637 is hereby dismissed. Signed by District Judge John W. Lungstrum on 10/6/2016. (mg)
October 26, 2016
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ORDER granting 2617 joint motion for order related to the deposition of Randall Giroux. Syngenta is granted leave to conduct a limited, third deposition of Mr. Giroux. Signed by Magistrate Judge James P. O'Hara on 10/26/16. (ah) **See 2629 Order Nunc Pro Tunc.**
November 23, 2016
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MEMORANDUM AND ORDER granting in part 2598 Producer Plaintiffs' Motion for Approval of Class Notice and appointment of Analytics LLC as Administrator to supervise and administer the notice procedure. Signed by District Judge John W. Lungstrum on 11/23/2016. (Attachments: # (1) Exhibit A - NOTICE OF CLASS ACTION LAWSUIT) (ses)
January 19, 2017
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ORDER granting in part and denying in part 2813 Monsanto's Motion to Intervene and for a Protective Order. Signed by Magistrate Judge James P. O'Hara on 1/19/2017. (ah)
January 27, 2017
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ORDER denying 2834 Monsanto's motion to quash subpoena. Signed by Magistrate Judge James P. O'Hara on 1/27/2017. (ah)
February 15, 2017
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ORDER denying 2856 Motion to Modify Scheduling Order. Signed by Magistrate Judge James P. O'Hara on 2/15/2017. (ah)
March 7, 2017
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JOINT DISCOVERY ORDER regarding plaintiffs' motions to compel J. Thomas Carrato to produce subpoenaed documents. Signed by Magistrate Judge James P. O'Hara and Special Master John B. Van de North, Jr. on 3/7/2017. (amh)
March 24, 2017
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JOINT DISCOVERY ORDER granting in part and denying in part 2849 Motion to Quash; granting in part and denying in part 2903 Motion to Compel. Signed by Magistrate Judge James P. O'Hara and Minnesota Special Master John B. Van de North on 3/24/2017. (amh)
March 28, 2017
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ORDER denying 3028 Motion to Stay Order; granting 3033 Motion to Stay Deadlines. Signed by Magistrate Judge James P. O'Hara on 3/28/2017. (amh)
April 5, 2017
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(ses)MEMORANDUM AND ORDER - It is ordered that defendants' motion for summary judgment 2860 is granted in part and denied in part. The motion is granted with respect to claims under the Lanham Act, and with respect to any claim of negligence in which liability is based on any alleged misrepresentation, a voluntary undertaking, a failure to warn, or a duty to recall, and defendants are awarded judgment on those claims. The motion is otherwise denied. It is further ordered that plaintiffs' motion for summary judgment 2858 is granted in part and denied in part. The motion is granted with respect to the defenses of intervening cause (as applied to Cargill and ADM and as applied to some alleged acts of China), assumption of the risk, mitigation, business and economic justification, antitrust preemption, and comparative fault, and plaintiffs are awarded judgment on those defenses. The motion is otherwise denied. Signed by District Judge John W. Lungstrum on 04/05/2017.
May 4, 2017
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MEMORANDUM AND ORDER -IT IS THEREFORE ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by Philip Shull 2868 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by Travis Milne 2871 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by William Sheppard 2912 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by Alan McHughen 2877 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by Walter Thurman 2884 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiffs' motion to exclude expert testimony by Barry Goodwin 2886 is hereby granted. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Dirk Maier 2863 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Joseph Keaschall 2866 is hereby denied. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Kevin Latner 2870 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Randal Giroux 2876 is hereby granted in part and denied in part, as set forth herein.IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Bruce Babcock 2888 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to exclude expert testimony by Colin Carter 2892 is hereby granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT defendants' motion to strike certain declarations 2930 is hereby denied. Signed by District Judge John W. Lungstrum on 05/04/2017. (ses)
May 5, 2017
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rate Judge James P. O'Hara on 5/5/2017. (amh) ORDER regarding 3109 motion to compel. The parties are ordered to confer and, by May 11, 2017, file a joint agreement setting forth their agreed-upon method for in camera review of a representative subset of withheld documents. Signed by Magist
May 15, 2017
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MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE - It is ordered that defendants' motion to dismiss 2482 is granted in part and denied in part. Plaintiffs are granted leave to amend certain allegations on or before 05/30/2017. It is further ordered that the remaining parties shall show cause, by responses filed by May 30, 2017, why the Court should not suggest to the JPML that this case be remanded to its transferor court. Signed by District Judge John W. Lungstrum on 05/15/2017. (ses)
June 13, 2017
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ORDER granting in part and denying in part 3109 motion to compel. Signed by Magistrate Judge James P. O'Hara on 6/13/2017. (amh)
July 6, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 3081Plaintiffs' Motion for Consolidation of Class Trial. IT IS FURTHER ORDERED BY THE COURT THAT the consolidated trial of the claims of the Arkansas and Missouri classes certified by the Court is hereby set for January 22, 2018, in this Court, with dispositive motions due September 22, 2017. IT IS FURTHER ORDERED BY THE COURT THAT the consolidated trial of the claims of the Illinois and Nebraska classes certified by the Court is hereby set for April 4, 2018, in this Court, with dispositive motions due January 5, 2018. IT IS FURTHER ORDERED BY THE COURT THAT the consolidated trial of the claims of the Iowa and South Dakota classes certified by the Court is hereby set for May 14, 2018, in this Court, with dispositive motions due February 26, 2018. IT IS FURTHER ORDERED BY THE COURT THAT the consolidated trial of the claims of the Ohio class certified by the Court is hereby set for October 8, 2018, in this Court, with dispositive motions due May 28, 2018. Signed by District Judge John W. Lungstrum on 07/06/2017. (ses)
July 7, 2017
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ORDER SETTING PRETRIAL CONFERENCE (Relates to Missouri and Arkansas Classes Certified by the Court) for trial of Arkansas/Missouri claims. Proposed Pretrial Order due by 7/24/2017. Final Pretrial Conference set for 8/4/2017 at 09:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 7/7/2017. (amh)
September 13, 2017
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plan. The Court denies plaintiffs' motion 3341 to amend the judgment to include lists of those class members who have successfully opted out of the classes. Thus, the Court orders that all deadlines concerning the accuracy of plaintiffs' MEMORANDUM AND ORDER (Relates to Nationwide Lanham Act Class Action; Kansas Class Action) - (SEE ORDER FOR DETAILS) The Court grants Syngenta's unopposed motion 3398 to adopt a plan of allocation and to amend the judgment to incorporate that lists be vacated. Accordingly, one plaintiff group's motion 3400 for extension of the briefing schedule, which motion has not yet been ruled, is hereby denied as moot. Signed by District Judge John W. Lungstrum on 09/13/2017. (ses)
September 20, 2017
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MEMORANDUM AND ORDER (Relates to Missouri and Arkansas Classes Certified by the Court) - The Court will provide in its trial order that witnesses listed in either side's Rule 23(a)(3) final disclosures may be called at trial by either side. Signed by District Judge John W. Lungstrum on 09/20/2017. (ses)
January 19, 2018
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MEMORANDUM AND ORDER (Relates to 16-2788 / 16-3588 Louis Dreyfus Company Grains Merchandising LLC v. Syngenta AG, et al.) granting in part and denying in part 3376 Defendant's Motion to Dismiss; granting in part and denying in part 3472 Plaintiff's Motion to Strike Portions of Defendants' Reply Brief. Signed by District Judge John W. Lungstrum on 01/19/2018. (ses)
April 10, 2018
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eave to file the walk away agreement under seal 3508 is hereby granted, and the Court will issue a separate order setting forth the particular terms of relief. Signed by District Judge John W. Lungstrum on 04/10/2018. (ses)MEMORANDUM AND ORDER (Relates to ALL CASES Except: 16-2788; 14-2637; 17-2614; and 15-2279) - IT IS THEREFORE ORDERED BY THE COURT THAT plaintiffs' motion for preliminary settlement approval and related relief 3506 is granted, and the Court will issue a separate order setting forth the particular terms of relief. IT IS FURTHER ORDERED BY THE COURT THAT the motion by the Toups/Coffman plaintiffs for certain relief 3499, joined by the Hossley-Embry plaintiffs, is hereby denied. IT IS FURTHER ORDERED THAT the parties' joint motion for a stay and injunction 3512 is hereby granted, and the Court will issue a separate order setting forth the particular terms of relief. IT IS FURTHER ORDERED THAT the parties' joint motion for l