Bader Farms, Inc. et al v. Monsanto Company

Filing 180

MEMORANDUM AND ORDER granting re: 172 MOTION for Joinder to Monsanto Company's Motion to Extend Discovery Deadlines and Continue the Trial Date (Dkt. 170) filed by Defendant BASF Corporation, granting 170 MOTION for Extension of Time to Complete Discovery and Continue the Trial Date filed by Defendant Monsanto Company IT IS FURTHER ORDERED that the CMO is amended as follows:( Discovery Completion due by 9/4/2019., Jury Trial set for 1/27/2020 09:00 AM in Southeast Div - Courtroom 4B before District Judge Stephen N. Limbaugh Jr.., Motion in Limine due by 1/17/2020., Pretrial Compliance due by 1/7/2020.). Signed by District Judge Stephen N. Limbaugh, Jr on 4/24/19. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BADER FARMS, INC. and
BILL BADER
Plaintiffs,
v.
MONSANTO CO. and
BASF CORP.,
Defendants.

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MDL No. 1:18md2820-SNLJ
Case No. 1:16cv299-SNLJ

MEMORANDUM and ORDER
On April 5, 2019, this Court granted plaintiffs Bader Farms, Inc. and Bill Bader leave to
file a Third Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a). Plaintiffs’
amendments (1) added allegations that their peach orchard suffered further dicamba damage in
2018, rendering their peach operation no longer biologically or financially sustainable; (2)
removed the claims for trespass and fraudulent concealment and added claims under Missouri
Crop Protection Statutes; (3) added allegations pertaining to defendants’ joint venture and
pleaded joint venture liability as to each claim; (4) added allegations to clarify that plaintiffs
pursue their conspiracy claims under both Restatement (Second) of Torts § 876(a) and (b); and
(5) added additional allegations to conform with evidence obtained in the ordinary course of this
litigation.
Although the Bader plaintiffs are part of this Multi-District Litigation regarding Dicamba
Herbicide, the Bader plaintiffs were not parties to the Master Crop Damage Complaint
(“MCDC”) filed by the other MDL plaintiffs on August 1, 2018, and the Bader plaintiffs are
subject to a separate Case Management Order (“CMO”). Defendants argue that they need more
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time for discovery in light of the Third Amended Complaint and move for an extension of CMO
deadlines as follows:
Event

Deadline

Proposed Deadline

Defendants’ expert disclosures

April 24, 2019

June 28, 2019

Discovery closes

July 1, 2019

September 4, 2019

Dispositive/Daubert motions

July 15, 2019

September 18, 2019

Trial

October 28, 2019

January 27, 2020

This Court will grant defendants’ motion. Although the Court acknowledges that
plaintiffs have always alleged that the dicamba damage is continuing, cumulative, and would
likely result in complete orchard failure, plaintiffs’ amendments have larger implications. The
new focus on 2018 spraying would, for example, involve different labeling and marketing.
Discovery regarding 2018 spraying would require investigating whether the individual who
allegedly applied dicamba saw, read, and relied on the label and on allegedly negligent
advertising or marketing. Notably, plaintiffs do not dispute defendants’ right to take discovery on
these issues. Furthermore, plaintiffs added several causes of action, and though they all relate in
large part to the core factual and legal issues at play, it is likely that at least some additional
discovery will be necessary.
Plaintiffs suggest that much of the 2018 discovery has been provided, but, ultimately,
Monsanto has requested only 60 additional days for discovery. The requested extension is a
modest amount of additional time for a complex case. The Court will grant Monsanto’s motion
(and BASF’s motion to join). No further extensions, however, will be granted.
Defendant’s expert disclosures are due today, and the Special Master has properly

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instructed defendants that they should adhere to that schedule. The Court will permit the parties
to supplement expert disclosures as required, and additional expert depositions may be taken as
well and at the direction of the Special Master.
Accordingly,
IT IS HEREBY ORDERED that the defendant Monsanto’s motion to extend CMO
deadlines (#170) is GRANTED.
IT IS FURTHER ORDERED that defendant BASF’s motion to join in Monsanto’s motion
(#172) is GRANTED.
IT IS FURTHER ORDERED that the CMO is amended as follows: Discovery will close
on September 4, 2019; dispositive and Daubert motions are due on September 18, with responses
due October 16 and replies due October 30, 2019; and trial is reset for January 27, 2020.
So ordered this 24th day of April, 2019.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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