Louis Dreyfus Company Grains Merchandising LLC v. Syngenta AG et al

Filing 162

ORDER granting in part 157 motion for extension of stipulation deadline. Signed by Magistrate Judge James P. O'Hara on 12/11/2018. (amh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

IN RE SYNGENTA AG MIR 162 CORN
LITIGATION,

MDL No. 2591

THIS DOCUMENT RELATES TO:

Case No. 16-2788-JWL

Louis Dreyfus Company Grains
Merchandising LLC v. Syngenta AG, et al.
No. 16-2788-JWL

ORDER
On November 30, 2018, the undersigned U.S. Magistrate Judge, James P. O’Hara,
took under advisement a motion filed by Syngenta (ECF No. 128) to join as plaintiffs five
corporate entities affiliated with the current plaintiff, Louis Dreyfus Company Grains
Merchandising LLC (“LDC”) (see ECF No. 153). The motion argued the affiliated entities
are necessary parties to this action because they are seeking to recover the same damages,
based on the same alleged facts, in a Minnesota state court lawsuit as LDC is here. Finding
the record lacking on the damages claimed by each plaintiff in each case, the undersigned
directed the parties to confer and attempt to reach a stipulation regarding the nature, extent,
and amount of damages claimed by each plaintiff in each case. The court set December
10, 2018, as the deadline for filing such a stipulation.
LDC has filed a motion for extension of the deadline (ECF No. 157). The motion
is granted in part. The court extends the deadline for the parties to file a stipulation
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regarding the nature, extent, and amount of damages claimed by each plaintiff in each case
to December 18, 2018. Regarding LDC’s expressed concern that the precise amounts of
damages cannot be determined until its experts complete their calculations and reports, the
court directs that the stipulation should include LDC’s best estimates, reached in good faith,
of the approximate amounts of damages, rounded to the nearest million-dollar.
IT IS SO ORDERED.
Dated December 11, 2018, at Kansas City, Kansas.
s/ James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

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