Hardeman v. Monsanto Company et al

Filing 309

PRETRIAL ORDER NO. 146: ORDER RE FURTHER SANCTIONS. Signed by Judge Vince Chhabria on 5/21/2019. (knm, COURT STAFF) (Filed on 5/21/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

IN RE: ROUNDUP PRODUCTS
LIABILITY LITGATION

MDL No. 2741
Case No. 16-md-02741-VC

This document relates to:
Hardeman v. Monsanto, 3:16-cv-00525-VC

PRETRIAL ORDER NO. 146:
ORDER RE FURTHER SANCTIONS
Dkt. Nos. 2828, 3385

The Court has reviewed the materials submitted for in camera review in response to the
order to show cause why the remaining lawyers on Mr. Hardeman’s team should not also be
sanctioned for the misconduct committed by Aimee Wagstaff during opening statements. See
Pretrial Order No. 91, Dkt. No. 2828. From these materials, the Court cannot determine with
sufficient confidence that Michael Baum, Mark Burton, Kathryn Forgie, Brent Wisner, or David
Wool intentionally committed misconduct. Therefore, the order to show cause is lifted as to them.
However, the Court finds that Jennifer Moore intentionally joined in the bad faith
misconduct for which Wagstaff was sanctioned. In contrast to the remaining members of the team,
who appear not to have been meaningfully involved in finalizing the opening statement after
Saturday, February 23, 2019, Moore was a full member of the trial team and continued to work
with Wagstaff in preparing the opening statement through the morning it was delivered. It is clear
from the attorney submissions – particularly Wool’s – that the issue of violating the Court’s pretrial
rulings was very much on the team’s radar as of at least February 23rd, but that did not prevent
Moore and Wagstaff from going forward with an opening statement that so obviously violated

those pretrial rulings. Accordingly, for the reasons stated in this order along with the original order
sanctioning Wagstaff, Jennifer Moore is sanctioned $500 pursuant to the Court’s inherent
authority. She must submit a check to the Clerk of the Court in that amount within 7 days of this
order.
The letters provided for in camera review will be filed under seal so that only the Court has
access to them.
IT IS SO ORDERED.
Date: May 21, 2019

___________________________
Honorable Vince Chhabria
United States District Court