Smith et al v. Monsanto Company et al

Filing 60

PRETRIAL ORDER NO. 161: GRANTING MOTIONS TO DISMISS. Signed by Judge Vince Chhabria on 7/17/2019. (knm, COURT STAFF) (Filed on 7/17/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

IN RE: ROUNDUP PRODUCTS
LIABILITY LITIGATION

This document relates to:

MDL No. 2741
Case No. 16-md-02741-VC
PRETRIAL ORDER NO. 161:
GRANTING MOTIONS TO DISMISS

ALL ACTIONS
Dkt. No. 3831, 3833

1. With respect to Monsanto’s Eighth Amended Motion to Dismiss, Dkt. No. 3831, the
following plaintiffs are dismissed with prejudice for failure to prosecute: Rafael Castro (18-cv3959), Anthony Moceri (18-cv-3558), Dave Flynn (18-cv-6551), and Delbert Lee Brooks (18-cv7558). Moceri, Flynn, and Brooks failed to submit an opposition to the motion to dismiss in
response to Pretrial Order No. 149, and Castro’s opposition did not provide an adequate
explanation for his failure to submit a timely plaintiff fact sheet.
2. With respect to Monsanto’s Ninth Amended Motion to Dismiss, Dkt. No. 3833, plaintiff
John Otts (17-cv-2142) is dismissed with prejudice for failure to prosecute.
IT IS SO ORDERED.
Date: July 17, 2019

___________________________
Honorable Vince Chhabria
United States District Court