City of Seattle v. Monsanto Company et al

Filing 538

ORDER adopting 519 Report and Recommendation. Plaintiff City of Seattle's "Motion to Strike Defendants' Amendments to their Affirmative Defenses 10, 15, 18, 21, and 82" (dkt. # 343 ) is GRANTED in part and DENIED in part. Plaint iff's Motion is GRANTED as to striking Defendants' amendments to affirmative defenses 15, 18, and 21. Plaintiff's Motion is DENIED with regard to striking Defendants' amendments to affirmative defenses 10 and 82. The Court amends the Report and Recommendation to permit until 2/6/2023, to conduct discovery regarding the meaning of the terms of the State Settlement Agreement, the intent of the parties to the State Settlement Agreement, the scope of any release authorized by the State Settlement Agreement, and any other relevant surrounding circumstances. Defendants' Motion to Stay Discovery (dkt. # 523 ) is DENIED. Signed by Judge Richard A. Jones. (SB)

Case 2:16-cv-00107-RAJ-MLP Document 538 Filed 01/04/23 Page 1 of 2

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CITY OF SEATTLE,
Plaintiff,
v.
MONSANTO COMPANY, et al.,

ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendants.

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Case No. 2:16-cv-00107-RAJ

The Court, having reviewed the Report and Recommendation of the Honorable

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Michelle L. Peterson, United States Magistrate Judge, any objections thereto, the

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remaining record, hereby finds and ORDERS as follows:

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(1) The Report and Recommendation is approved and adopted as follows: Plaintiff

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City of Seattle’s “Motion to Strike Defendants’ Amendments to their Affirmative

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Defenses 10, 15, 18, 21, and 82” (dkt. # 343) is GRANTED in part and DENIED in part.

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Plaintiff’s Motion is GRANTED as to striking Defendants’ amendments to affirmative

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defenses 15, 18, and 21. Plaintiff’s Motion is DENIED with regard to striking

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Defendants’ amendments to affirmative defenses 10 and 82. The Court amends the

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Report and Recommendation to permit until February 6, 2023, to conduct discovery

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regarding the meaning of the terms of the State Settlement Agreement, the intent of the

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parties to the State Settlement Agreement, the scope of any release authorized by the

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ORDER – 1

Case 2:16-cv-00107-RAJ-MLP Document 538 Filed 01/04/23 Page 2 of 2

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State Settlement Agreement, and any other relevant surrounding circumstances.
(2) Defendants’ Motion to Stay Discovery (dkt. # 523) is DENIED.
(3) The Clerk is directed to send copies of this Order to the parties.
DATED this 4th day of January, 2023.

A

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The Honorable Richard A. Jones
United States District Judge

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ORDER – 2