Hale et al v. Bayer AG et al

Filing 36

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for leave to file a supplemental second amended complaint [#4030] is GRANTED. Plaintiffs amended complaint is deemed filed as of this day. IT IS FURTHER ORDERED that plaintiffs motion for leave to file a second amended complaint [#3947] is DENIED as moot. Signed by Honorable Catherine D. Perry on 2/24/2011. Associated Cases: 4:06-md-01811-CDP, 4:09-cv-01689-CDP(KMS)

Hale et al v. Bayer AG et al

Doc. 36

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IN RE GENETICALLY MODIFIED RICE LITIGATION This Order Relates to: Stephen R. Hale, et al. v. Bayer AG, et al. ) ) 4:06MD1811 CDP

4:09CV1689 CDP

MEMORANDUM AND ORDER Plaintiffs' move to file a second amended complaint,1 in order to add a number of new plaintiffs. The amended complaint does not otherwise alter any of the plaintiffs' existing claims or allegations. Defendants object by referencing their arguments in previous motions. Because I find that defendants have not demonstrated that this amendment will cause them any undue prejudice and for the reasons stated in my Order of September 2, 2010 [#3332], I will grant plaintiffs' motion. Accordingly, IT IS HEREBY ORDERED that plaintiffs' motion for leave to file a

Plaintiffs have actually filed two motions to file a second amended complaint. Although plaintiffs have not withdrawn their initial motion, it is apparent that plaintiffs wish to replace their initial motion with the motion they have titled a "supplemental" motion for leave to file a second amended complaint. As a result, this order addresses the supplemental motion for leave to file a second amended complaint and plaintiffs' initial motion will be denied as moot.

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supplemental second amended complaint [#4030] is GRANTED. Plaintiffs' amended complaint is deemed filed as of this day. IT IS FURTHER ORDERED that plaintiffs' motion for leave to file a second amended complaint [#3947] is DENIED as moot.

__________________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE

Dated this 24th day of February, 2011.

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