The Delong Co., Inc. v. Syngenta AG et al

Filing 16

ORDER amending 11 scheduling order. See order for details. Signed by Magistrate Judge James P. O'Hara on 07/10/19. (jc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

IN RE SYNGENTA AG MIR162 CORN
LITIGATION

Master File No. 2:14-MD-02591-JWL-JPO

THIS DOCUMENT RELATES TO:

MDL No. 2591

The Delong Co., Inc. v. Syngenta AG,
et al., No. 2:17-cv-02614-JWL-JPO

ORDER AMENDING SCHEDULING ORDER
Pursuant to Paragraph 2(d) of the Court’s Scheduling Order (ECF No. 11), Plaintiff The
DeLong Co., Inc. (“DeLong”) and Defendants Syngenta AG, Syngenta Crop Protection AG,
Syngenta Corporation, Syngenta Crop Protection, LLC and Syngenta Seeds, LLC (collectively,
“Syngenta”) met and conferred regarding the number of fact depositions for each side. DeLong
and Syngenta have requested that Paragraph 2(d) of the Scheduling Order be amended to reflect
the stipulation and agreement of the parties as to the following discovery limitations:
d.
Based upon the preliminary Rule 26(a) disclosures served by each
of the Parties and subject to changes for good cause as provided in
Paragraph 2.d. of the Scheduling Order, DeLong and Defendants agree that
DeLong and the Defendants (collectively) shall each be permitted to take
up to 12 fact depositions, which includes any Fed. R. Civ. P. 30(b)(6)
depositions. For the avoidance of doubt, a single notice of deposition under
Rule 30(b)(6) counts as one deposition, regardless of the number of
witnesses designated. This paragraph concerns the overall number of fact
depositions per side: each side retains the right to object to the requested
deposition of any particular person on other grounds. Each deposition,
whether fact or expert, must be limited to seven (7) hours in accordance
with Federal Rule Civil Procedure Rule 30(d)(1). All depositions must be
governed by the written guidelines that are available on the court’s website:
http://www.ksd.uscourts.gov/wpcontent/uploads/2015/10/depoguidelines.pdf
All other provisions of the Scheduling Order shall continue in full force and effect without
change.
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IT IS SO ORDERED.

Dated July 10, 2019, at Kansas City, Kansas.
s/ James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

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