In re Roundup Products Liability Litigation, 16-md-02741-VC. (2019)
Court: District Court, N.D. California
Number: infdco20190617795
Visitors: 11
Filed: Jun. 14, 2019
Latest Update: Jun. 14, 2019
Summary: PRETRIAL ORDER NO. 150: SCHEDULING ORDER FOR REMAND WAVES 1 AND 2 VINCE CHHABRIA , District Judge . The Court will prepare the cases in the MDL for transfer back to their home districts in waves grouped by governing state law. The first two waves will each consist of the cases filed in one state selected by the plaintiffs and one state selected by Monsanto. For the first wave, those states are California (the plaintiffs' choice) and Nebraska (Monsanto's choice). For the second wave, those s
Summary: PRETRIAL ORDER NO. 150: SCHEDULING ORDER FOR REMAND WAVES 1 AND 2 VINCE CHHABRIA , District Judge . The Court will prepare the cases in the MDL for transfer back to their home districts in waves grouped by governing state law. The first two waves will each consist of the cases filed in one state selected by the plaintiffs and one state selected by Monsanto. For the first wave, those states are California (the plaintiffs' choice) and Nebraska (Monsanto's choice). For the second wave, those st..
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PRETRIAL ORDER NO. 150: SCHEDULING ORDER FOR REMAND WAVES 1 AND 2
VINCE CHHABRIA, District Judge.
The Court will prepare the cases in the MDL for transfer back to their home districts in waves grouped by governing state law. The first two waves will each consist of the cases filed in one state selected by the plaintiffs and one state selected by Monsanto. For the first wave, those states are California (the plaintiffs' choice) and Nebraska (Monsanto's choice). For the second wave, those states are Illinois (the plaintiffs' choice) and North Carolina (Monsanto's choice).1 Cases filed in other states that may be governed by the law of one of these four states will be adjudicated in a later wave, as will cases from these four states that have not yet been transferred to the MDL. The timeline and cases for the first two waves are listed below. The Court will issue a separate order discussing the timeline and procedure for severing multi-plaintiff cases.
Wave 1 Timeline:
Event Date
Plaintiff Fact Sheets (including all relevant authorizations) 10 days from entry of this order
due for any plaintiffs who have not yet provided them.
Each plaintiff will provide any medical records in his/her 10 days from entry of this order
possession and/or his/her counsel's possession to defense
counsel.
Deficiency letter(s) sent. 4 business days from receipt of
Plaintiff Fact Sheet
Deadline to cure Plaintiff Fact Sheet deficiencies; the parties 7 days from receipt of deficiency
may file a consolidated letter brief regarding any disputes letter
about whether a deficiency exists.
Close of fact discovery. August 16, 2019
Plaintiffs' expert reports due. August 20, 2019
The parties should file a letter brief identifying any disputes August 30, 2019
over the applicable state law for the wave 1 cases. For cases
where that is undisputed, the parties should file a stipulation
identifying the governing state law.
Monsanto's expert reports due. September 3, 2019
Close of expert discovery. October 1, 2019
Monsanto's Daubert and summary judgment briefs due. October 7, 2019
Plaintiffs' opposition and cross-motions re: Daubert and October 21, 2019
summary judgment due.
Monsanto's oppositions and replies re: Daubert and November 4, 2019
summary judgment due.
Plaintiffs' replies re: Daubert and summary judgment due. November 18, 2019
Daubert hearing (if necessary). December 4, 2019
Wave 1 Cases:
Cases transferred to the MDL from California district courts:
Member Case Member Case
Plaintiff Name(s) Name Number Transferor Court
Carriere, Jerald Carriere 3:18-cv-05778 CA Central District
Chavez, Armando Vargas Chavez 3:18-cv-04855 CA Central District
Graef, Shaun Graef 3:19-cv-02316 CA Central District
Hernandez, Ines Hernandez 3:16-cv-05750 CA Central District
Johansing, Peter Johansing 3:16-cv-05751 CA Central District
McCall, Teri
(individually and as successor in
interest for the estate of Anthony McCall 3:16-cv-05749 CA Central District
McCall); David McCall; Paul
McCall; Maggie McCall; Alicia
Suarez
Russo, Matteo Anthony Russo 3:16-cv-06024 CA Central District
Sanders, John D. Sanders 3:16-cv-05752 CA Central District
Tanner, Frank Sanders 3:16-cv-05752 CA Central District
Wooten, Karen; Harley Wooten
III; Timothy Wooten, Wooten 3:17-cv-01735 CA Central District
individually and on behalf of the
Estate of Harley Wooten
Galvan, Paul Galvan 3:17-cv-00781 CA Eastern District
Mendoza, Yolanda Mendoza 3:16-cv-06046 CA Eastern District
Calderon, Jamie Alvarez Calderon 3:19-cv-01630 CA Northern District
Ramirez, Robert Ramirez 3:19-cv-02224 CA Northern District
Giglio, Emanuel Giglio 3:16-cv-05658 CA Southern District
Harris, Anthony Harris 3:17-cv-03199 CA Southern District
Hernandez, Ruben Hernandez 3:17-cv-07364 CA Southern District
Cases transferred to the MDL from the District of Nebraska:
Plaintiff Name(s) Member Case Member Case Transferor Court
Name Number
Dickey, Robert L. Domina 3:16-cv-05887 District of Nebraska
Domina, Larry E. Domina 3:16-cv-05887 District of Nebraska
Janzen, Royce D. Domina 3:16-cv-05887 District of Nebraska
Pollard, Frank Domina 3:16-cv-05887 District of Nebraska
Sanchez, Sabas Sanchez 3:17-cv-03377 District of Nebraska
Wave 2 Timeline:
Event Date
Plaintiff Fact Sheets (including all relevant authorizations) 21 days from entry of this order
due for any plaintiffs who have not yet provided them.
Each plaintiff will provide any medical records in his/her 21 days from entry of this order
possession and/or his/her counsel's possession to defense
counsel.
Deficiency letter(s) sent. 4 business days from receipt of
Plaintiff Fact Sheet
Deadline to cure Plaintiff Fact Sheet deficiencies. The parties 7 days from receipt of deficiency
may file a consolidated letter brief regarding any disputes letter
about whether a deficiency exists.
Close of fact discovery. February 10, 2020
Plaintiffs' expert reports due. February 17, 2020
The parties should file a letter brief identifying any disputes February 24, 2020
over the applicable state law for the wave 2 cases. For cases
where that is undisputed, the parties should file a stipulation
identifying the governing state law.
Monsanto's expert reports due. March 2, 2020
Close of expert discovery. March 26, 2020
Monsanto's Daubert and summary judgment briefs due. April 17, 2020
Plaintiffs' opposition and cross-motions re: Daubert and May 8, 2020
summary judgment due.
Monsanto's oppositions and replies re: Daubert and summary May 22, 2020
judgment due.
Plaintiffs' replies re: Daubert and summary judgment due. June 5, 2020
Daubert hearing (if necessary). June 24, 2020
Wave 2 Cases:
Cases transferred to the MDL from North Carolina district courts:
Plaintiff Name(s) Member Case Member Case Transferor Court
Name Number
Green, Tracy Green 3:18-cv-05238 NC Eastern District
Prince, William Prince 3:17-cv-04737 NC Eastern District
Strickland, Johnny Strickland 3:17-cv-03201 NC Eastern District
Gatson, Darryl Gatson 3:18-cv-05317 NC Middle District
Frady, Geneva Frady 3:19-cv-2076 NC Western District
Logan, Jerry Logan 3:18-cv-05239 NC Western District
Seidl, Randall Dean Seidl 3:17-cv-00519 NC Western District
Cases transferred to the MDL from Illinois district courts:
Plaintiff Name(s) Member Case Member Case Transferor Court
Name Number
Cushman, Josh Cushman 3:16-cv-06018 Ill. Southern District
Bridgeman, Charles Bridgeman 3:16-cv-05785 Ill. Southern District
Harris, Douglas Harris 3:16-cv-05786 Ill. Southern District
Patterson, Lynda K. Patterson 3:16-cv-05787 Ill. Southern District
Estate of Robert Cochran by Estate of Robert 3:17-cv-03200 Ill. Southern District
Misty Hill, its Administrator Cochran
O'Neil, Linda; O'Neil, Marvin O'Neil 3:17-cv-03378 Ill. Central District
Weddel, Mark Weddel 3:17-cv-00783 Ill. Central District
Cooper, Mikle Cooper 3:17-cv-02212 Ill. Central District
Ford, Mary Ford 3:16-cv-06030 Ill. Central District
Trimpe, Tina Trimpe 3:16-cv-06032 Ill. Central District
Pecorelli, Mark Pecorelli 3:16-cv-06936 Ill. Northern District
Goodbred, Larry Goodbred 3:16-cv-06010 Ill. Northern District
Gibbs, Ricky Gibbs 3:16-cv-05652k Ill. Northern District
Delmore-Barton, Karen Delmore-Barton 3:18-cv-01427 Ill. Northern District
Martino, Jenni; Martino, Justin Martino 3:18-cv-03626 Ill. Northern District
Kapolnek, Jean Kapolnek 3:18-cv-04014 Ill. Northern District
Underwood, Louisa Underwood 3:18-cv-06805 Ill. Northern District
Peterson, James Peterson 3:18-cv-07271 Ill. Northern District
McCrae, Alex; McCrae, Diane McCrae 3:19-cv-00925 Ill. Northern District
Karman, Christine Karman 3:19-cv-01183 Ill. Northern District
Rehak, Lorraine Rehak 3:19-cv-01719 Ill. Northern District
Erb, James Erb 3:19-cv-02166 Ill. Northern District
Batherson, Garland Batherson 3:19-cv-02167 Ill. Northern District
Smith, Ricky Smith 3:19-cv-02168 Ill. Northern District
Schafer, John Schafer 3:19-cv-02169 Ill. Northern District
Chatman, Janeil Chatman 3:19-cv-02170 Ill. Northern District
Shultz, Nichole Shultz 3:19-cv-02190 Ill. Northern District
Bullock, Kevin Bullock 3:19-cv-02575 Ill. Northern District
Panichi, Thomas Panichi 3:19-cv-02763 Ill. Northern District
Cervantes, Gerard Cervantes 3:19-cv-03015 Ill. Northern District
IT IS SO ORDERED.
FootNotes
1. As noted in the timeline below, if there are any disputes over the governing state law for a particular case, the parties should file a joint letter brief explaining the dispute. Cases that are governed by the law of a state other than the state where they were filed will be moved to a later wave.
Source: Leagle
