Poletti et al v. Syngenta AG et al

Filing 63

CASE MANAGEMENT ORDER RE: Consolidation Matters and Directing Plaintiffs Larry Miller, Bradley A. Ferree, and Leroy Tweet to file a consolidated amended complaint in 3:16-cv-00255-DRH on or before March 11, 2016. Signed by Judge David R. Herndon on 3/10/2016. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
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X

IN RE SYNGENTA MASS TORT ACTIONS
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Judge David R. Herndon

This Document Relates to:

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

Brase Farms, Inc. et al. v. Syngenta AG et al.
No. 3:15-cv-01374-DRH

Wiemers Farms, Inc. et al v. Syngenta AG et al.

No. 3:15-cv-01379-DRH

ORDER
HERNDON, District Judge:
This matter is before the Court for the purpose of case management. At a
hearing on February 18, 2016, the Court ordered the consolidation of all existing
Plaintiffs in Poletti, et al. v. Syngenta Corp., et al., No. 3:15-cv-1221-DRH (Poletti);

Brase Farms, Inc., et al. v. Syngenta Corp., et al., No. 3:15-cv-1374-DRH (Brase
Farms); and Wiemers Farms, Inc., et al. v. Syngenta Corp., et al., No. 3:15-cv01379-DRH (Wiemers Farms). The Court directed the plaintiffs to file an
amended consolidated complaint in the lead case, Poletti.
The Amended Consolidated Complaint was filed on March 4, 2016 (Doc. 59
in Poletti). The Amended Consolidated Complaint consolidated the claims of all
existing Plaintiffs in Poletti, Brase Farms, and Wiemers Farms, with two

exceptions: (1) plaintiffs whose claims were voluntarily dismissed (Kelly and Holly
Kost (Brase Farms); Arlene Hollis (Brase Farms); Phillip Ashley (Wiemers Farms);
James Lange (Wiemers Farms); Dane Smith (Poletti)) and (2) plaintiffs whose
claims remain pending on the initial complaints (Larry Miller (Wiemers Farms);
Bradley A. Ferree (Brase Farms); and Leroy Tweet (Poletti)).
The plaintiffs whose claims were included in the Amended Consolidated
Complaint are represented by attorneys associated with the law firms of Heninger,
Garrison et al and Onder, Shelton et al (Collectively, the Garrison Consolidated
Plaintiffs). The Plaintiffs whose claims remain pending and were not included in
the Consolidated Amended Complaint (Larry Miller, Bradley A. Ferree, and Leroy
Tweet) are represented by attorneys associated with the Meyers & Flowers law
firm.
The purpose of this Order is to clarify matters that have arisen as a result
of the filing of the Amended Consolidated Complaint as to the Garrison
Consolidated Plaintiffs and to address matters related to Larry Miller, Bradley A.
Ferree, and Leroy Tweet. Therefore, for purposes of case management, the Court
hereby ORDERS as follows:
(1) The Court consolidates the claims of Larry Miller, Bradley A. Feree, and
Leroy Tweet (hereinafter, the Meyers & Flowers Consolidated Plaintiffs).
Further, the Court severs the claims of the Meyers & Flowers Consolidated

Plaintiffs. 1 The Meyers & Flowers Consolidated Plaintiffs are DIRECTED to
file a consolidated amended complaint in 3:16-cv-00255-DRH on or before
March 11, 2016.
(2) Once the consolidated amended complaint has been filed for the Meyers &
Flowers Consolidated Plaintiffs, plaintiffs’ counsel will be required to file
entries of appearance as needed for each plaintiff. Additionally, counsel is
DIRECTED to file a notice of substitution of counsel in 3:16-cv-00255-DRH
clarifying which attorneys now represent the Meyers and Flowers Plaintiffs.
(3) This Order and the filing of the consolidated amended complaint as to the
Meyers & Flowers Consolidated Plaintiffs, MOOTS the pending motion to
dismiss (Doc. 45 in Poletti, Doc. 43 in Brase Farms, and Doc. 53 in
Wiemers Farms) as to the Meyers & Flowers Consolidated Plaintiffs.
(4) With respect to the Meyers & Flowers consolidated amended complaint, the
defendant is ORDERED to answer or otherwise plead within 45 days of
March 11, 2016.
(5) The filing of the Consolidated Amended Complaint in the Poletti matter
(Doc. 59) MOOTS the pending motion to dismiss ((Doc. 45 in Poletti, Doc.

1

The Court notes that this post-removal severance does not appear to divest the Court of CAFA
jurisdiction. See Cunningham Charter Corp. v. Learjet, Inc., 592 F.3d 805 (7th Cir. 2010) (CAFA
jurisdiction continues despite post-removal denial of class certification); Bullard v. Burlington N.
Santa Fe Ry. Co., 535 F.3d 759, 761 (7th Cir. 2008) (declining, in the context of a mass action, to
allow a post-removal filing to affect the court's CAFA jurisdiction because the court “doubt[ed] that
anything filed after a notice of removal can affect federal jurisdiction”); Cooper v. R.J. Reynolds
Tobacco Co., 586 F. Supp. 2d 1312 (M.D. Florida, Aug. 29, 2008) (Corrigan, J.) (discussing
jurisdictional issues related to post-removal severance in actions removed under CAFA).

43 in Brase Farms, and Doc. 53 in Wiemers Farms) as to the Garrison
Consolidated Plaintiffs.
(6) The Court acknowledges the voluntary dismissal, without prejudice, as to
the following plaintiffs: Kelly and Holly Kost (Brase Farms); Arlene Hollis
(Brase Farms); Phillip Ashley (Wiemers Farms); James Lange (Wiemers

Farms); and Dane Smith (Poletti). The claims of these plaintiffs are
DISMISSED without prejudice.
(7) Upon the filing of the consolidated amended complaint as to the Meyers &
Flowers Consolidated Plaintiffs, all of the plaintiffs in the Wiemers Farms
docket and the Brase Farms docket will have been (1) transferred to the

Poletti docket; (2) transferred to the Meyers and Flowers Consolidated
Plaintiffs docket; or (3) voluntarily dismissed. Accordingly, the Wiemers

Farms docket and the Brase Farms docket will be closed.
(8) All future filings for the Garrison Consolidated Plaintiffs shall contain the
following caption:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
------------------------------------------------------------

X

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

(9) All future filings for the Meyers & Flowers Consolidated Plaintiffs shall
contain the following caption:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
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X

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

Judge David R. Herndon

This Document Relates to:

Tweet et al. v. Syngenta AG et al. No. 3:16-cv00255-DRH

IT IS SO ORDERED.
Dated: March 10, 2016

Digitally signed by
Judge David R.
Herndon
Date: 2016.03.10
13:32:23 -06'00'
United States District Judge