Adams et al v. Syngenta Seeds, Inc. et al
Filing
18
ORDER re (13 in 0:17-cv-03708-DSD-HB) Notice (Other), filed by Syngenta Seeds, Inc., Syngenta Crop Protection, L.L.C., (14 in 0:17-cv-03707-DSD-HB) Notice (Other), filed by Syngenta Seeds, Inc., Syngenta Crop Protection, L.L.C., (13 in 0 :17-cv-03778-DSD-HB) Notice (Other), filed by Syngenta Seeds, Inc., Syngenta Crop Protection, L.L.C. (Written Opinion). Signed by Senior Judge David S. Doty on 9/19/2017. Associated Cases: 0:17-cv-03707-DSD-HB, 0:17-cv-03708-DSD-HB, 0:17-cv-03778-DSD-HB(DLO)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
IN RE: SYNGENTA LITIGATION
This document relates to:
_____________________________
Alan Adams, et al.,
Civil No. 17-3707(DSD/HB)
v.
Syngenta Seeds, Inc., et al.
_____________________________
Ross Alcorn, et al.,
Civil No. 17-3708(DSD/HB)
v.
Syngenta Seeds, Inc., et al.
_____________________________
William Adams, et al.,
Civil No. 17-3778(DSD/HB)
v.
Syngenta Seeds, Inc., et al.
_____________________________
ORDER
This matter is before the court upon the objection to the
notice
of
dismissal
filed
in
the
above-captioned
cases
by
defendants Syngenta Crop Protection and Syngenta Seeds Inc.
On September 5, 2017, plaintiffs in these cases filed a notice
of voluntary dismissal without prejudice under Fed. R. Civ. P.
41(a)(1)(A)(I).
The
court
terminated
the
cases
accordingly.
Thereafter, Syngenta filed the instant objection arguing that
actions
should
have
been
dismissed
with
prejudice
because
plaintiffs Jonathan Liechty, Paul Skarnagel, William Nohr, Lawrence
Peterson,
and
Charles
Selzer
had
all
previously
brought
and
voluntarily dismissed similar claims in various state courts.
See
Fed. R. Civ. P. 41(a)(1)(B) (“Unless the notice or stipulation
states otherwise, the dismissal is without prejudice. But if the
plaintiff previously dismissed any federal- or state-court action
based on or including the same claim, a notice of dismissal
operates as an adjudication on the merits.”).
Syngenta requests
that the court order plaintiffs to show cause why their actions
should not be dismissed with prejudice.
Syngenta’s objection.
Plaintiffs do not oppose
ECF No. 17 in Civ. No. 17-3707.
Accordingly, IT IS HEREBY ORDERED that:
1.
Syngenta’s objection [ECF No. 14 in Civ. No. 17-3707, ECF
No. 13 in Civ. No. 17-3708, ECF No. 13 in Civ. No. 17-3778] is
sustained; and
2.
The above-captioned matters are dismissed with prejudice.
Dated: September 19, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court
2
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