Poletti et al v. Syngenta AG et al

Filing 189

ORDER regarding 155 Motion to Dismiss: The Courts prior order of dismissal (Doc. 170) stands as to those plaintiffs identified in Doc. 187. The Court DIRECTS the Clerk of the Court to terminate the plaintiffs identified in Doc. 187 from the docket (638 plaintiffs in total). As to those plaintiffs not identified in Doc. 187, the order of dismissal is VACATED. Signed by Judge David R. Herndon on 12/9/2016. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

-----------------------------------------------------------IN RE SYNGENTA MASS TORT ACTIONS
------------------------------------------------------------

Judge David R. Herndon

This Document Relates to:

Poletti et al. v. Syngenta AG et al. No. 3:15-cv01221-DRH

ORDER
Regarding Motion to Dismiss Plaintiffs That Did Not Produce a Plaintiff Fact
Sheet (Doc. 155)
On August 12, 2016, Syngenta filed a Motion to Dismiss Plaintiffs That Did
Not Produce a Plaintiff Fact Sheet (Doc. 155). The Court issued an order
regarding the same on October 5, 2016 (Doc. 170). That order dismissed certain
plaintiffs without prejudice with leave to reinstate if the PFS was served on or
before November 15, 2016 (Doc. 170 p. 3). Further, the Court directed the Clerk
and the parties as follows:
Although the claims of the plaintiffs identified in Doc. 167-1 are
hereby dismissed without prejudice, the Court DIRECTS the Clerk of
the Court to refrain from terminating these plaintiffs from the docket
at this time. Instead, on November 16, 2016, the parties are
DIRECTED to file an updated list with the Court (“November 16,
2016 List”) identifying those plaintiffs who, as of November 15, 2016,
have not served a PFS. At that time, the Court will direct the Clerk of
the Court to terminate the plaintiffs identified in the November 16,

2016 List from the docket. Further, the order of dismissal for those
plaintiffs not identified in the November 16, 2016 List (i.e. those
plaintiffs who serve a PFS on or before November 15, 2016) will be
vacated.
(Doc. 170 pp. 3-4).
The updated list contemplated by the Court was filed on November 16,
2016 (Doc. 186) and amended on November 17, 2016 (Doc. 187). After reviewing
the docket, the Court ORDERS as follows:
The Court’s prior order of dismissal (Doc. 170) stands as to those plaintiffs
identified in Doc. 187. The Court DIRECTS the Clerk of the Court to terminate
the plaintiffs identified in Doc. 187 from the docket (638 plaintiffs in total). As
to those plaintiffs not identified in Doc. 187, the order of dismissal is VACATED.
IT IS SO ORDERED.
Signed this 9th day of December, 2016

Digitally signed by
Judge David R.
Herndon
Date: 2016.12.09
15:34:30 -06'00'
United States District Court