Brase Farms, Inc. v. Syngenta AG et al

Filing 53

COORDINATION ORDER RELATED TO SETTLEMENT. Signed by Judge David R. Herndon on 2/25/2016. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
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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:
Thousands of lawsuits have been filed in various federal and state courts
arising from Syngenta’s development and sale of corn seeds containing genetically
modified traits known as MIR 162 and Event 5307 (used in products called
Viptera and Duracade) before China’s approval to import corn with that trait.
Some 800 federal cases are pending in a multidistrict litigation (“MDL”)
proceeding in the United States District Court for the District of Kansas,
captioned In re Syngenta AG MIR162 Corn Litigation, MDL Docket No. 2591,
before U.S. District Judge John W. Lungstrum and U.S. Magistrate Judge James
P. O’Hara. Lead counsel in those cases seek to certify a national class action
which would include virtually every corn farmer in America. Three additional

federal actions, involving more than 2,800 plaintiffs, are pending in the United
States District Court for the Southern District of Illinois before U.S. District
Judge David R. Herndon.

Approximately 2,375 cases, involving over 20,000

plaintiffs, are pending in the Fourth Judicial District of Hennepin County,
Minnesota, and consolidated before Judge Thomas M. Sipkins in a case captioned

In re Syngenta Litigation, No. 27-cv-15-3785. In addition, about 200 cases are
pending in the Illinois First Judicial Circuit Court before Judge Brad K. Bleyer.
With counsel having been informed in advance, the presiding judges in
these cases have conferred informally and determined that it would be beneficial
to appoint a Special Master at the expense of the parties to vigorously and
systematically explore settlement of all the cases in all of the courts in which they
are pending at the same time those cases proceed toward trial on a traditional
litigation track. Accordingly, by March 11, 2016, counsel for all parties in these
cases are ordered to confer in good faith and then provide input to the Courts on
appointment of a single Special Master. Specifically, the parties shall file in each
case (or if consolidated, in the lead case) a joint statement proposing an
individual to be appointed Special Master. If all of the parties cannot agree on a
proposed Special Master, then for each of the Courts up to three nominations
may be provided by plaintiffs as a group,

up to three nominations may be

submitted by all of the Syngenta defendants as a group, and ADM and Cargill
(who are uniquely situated) may make one joint nomination.

All nominations

must include a statement of the candidate’s experience, qualifications, and billing

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rates. Thereafter, the Courts will decide upon appointment of the Special Master.
IT IS SO ORDERED.
Signed this 25th day of February, 2016.

Digitally signed by
Judge David R.
Herndon
Date: 2016.02.25
09:50:27 -06'00'
United States District Judge

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