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

Filing 49

ORDER granting 47 consent motion to extend certain pre-trial deadlines. For good cause shown, the court enters the parties' proposed amended scheduling order. See order for details. Signed by Magistrate Judge James P. O'Hara on 2/24/20. (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-JWLJPO

THIS DOCUMENT RELATES TO:
MDL No. 2591
The Delong Co., Inc. v. Syngenta
AG, et al., No. 2:17-cv-02614-JWLJPO

AMENDED SCHEDULING ORDER
Pending before the court is the parties’ consent motion to extend certain pre-trial
scheduling deadlines, in which plaintiff The DeLong Co., Inc. (“DeLong”), with consent
of defendants Syngenta AG, Syngenta Crop Protection AG, Syngenta Corporation,
Syngenta Crop Protection, LLC, and Syngenta Seeds, LLC (together, “Syngenta”), request
a two-week extension to the pre-trial scheduling deadlines for fact discovery, all deadlines
related to experts and Daubert motions, and dispositive motion briefing.
The undersigned U.S. Magistrate Judge, James P. O’Hara, finds good cause to enter
the amended schedule proposed by the parties. It is therefore ordered that the motion is
GRANTED.

The court therefore enters the following amended scheduling order,

amending certain dates set forth in the parties’ original scheduling order (ECF No. 11).
Amendments are noted in bold, all other deadlines remain unchanged:

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SUMMARY OF DEADLINES AND SETTINGS
DEADLINE/SETTING
Initial Disclosures By Plaintiff and
Supplemental Disclosures by Defendants
Deadline to Respond to Complaint

21 Days after entry of
this Scheduling Order

If a motion to dismiss is filed, Deadline for
Plaintiff to File Opposition

28 Days after the
filing of any Motion
to Dismiss

If a motion to dismiss is filed, Deadline for
Defendants to File Reply

14 Days after the
filing of any
Opposition to Motion
to Dismiss

Start of Fact Discovery

14 Days after Court
rules on Syngenta’s
Motion to Dismiss, or
September 13, 2019
(whichever is earlier)

Motions to amend

November 1, 2019

Comparative fault identification

October 11, 2019

Deadline for Fact Discovery

March 27, 2020

Joint Waiver of Right to Transfer to the Western
District of Wisconsin as permitted by Lexecon
Inc. v. Milberg Weiss Bershad Hynes & Lerach,
523 U.S. 26 (1998)

March 20, 20201

Experts disclosed by plaintiff

March 27, 2020

Discovery from plaintiff’s experts

1

21 Days after entry of
this Scheduling Order

May 1, 2020

See ECF No. 45.

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SUMMARY OF DEADLINES AND SETTINGS
DEADLINE/SETTING
Experts disclosed by defendants

May 29, 2020

Discovery from defendants’ experts

July 3, 2020

Pretrial conference

July 10, 2020, at 9
a.m.

Proposed pretrial order due

June 26, 2020

Daubert motions

August 7, 2020

Dispositive motions

August 14, 2020

Daubert oppositions

September 4, 2020

Dispositive motion oppositions

September 11, 2020

Daubert replies

September 25, 2020

Dispositive motion replies

October 2, 2020

Trial in the District of Kansas (if Lexecon
waiver filed)

February 16, 2021

Motion to Transfer for Trial to Western District
of Wisconsin (if no Lexecon waiver filed)

10 days after last
order disposing of
Daubert and
Dispositive Motions

IT IS SO ORDERED.
Dated February 24, 2020, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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