Bader Farms, Inc. et al v. Monsanto Company

Consolidated
Lead case: 1:18-md-02820

Missouri Eastern District Court
Judge:Sarah E Pitlyk
Case #: 1:16-cv-00299
Nature of Suit385 Torts - Personal Property - Property Damage Product Liability
Cause28:1331 Fed. Question
Case Filed:Dec 30, 2016
Re-opened:Jun 27, 2024
Terminated:Feb 28, 2020
Last checked: Wednesday Jun 28, 2017 4:37 AM CDT
Defendant
Monsanto Company
CSC-Lawyers Incorporating Service Company 221 Bolivar Street
Jefferson City, MO 65101
Represented By
Ann E. Sternhell Blackwell
Thompson Coburn, LLP
contact info
Daniel C. Cox
Thompson Coburn, LLP
contact info
John R. Musgrave
Thompson Coburn, LLP
contact info
Jeffrey A. Masson
Thompson Coburn, LLP
contact info
Jan P. Miller
Thompson Coburn, LLP
contact info
Plaintiff
Bill Bader
40245 CR 101
Campbell, MO 63933
Represented By
Beverly Turina Randles
Randles And Splittgerber, LLP
contact info
Angela Marie Splittgerber
Randles And Splittgerber, LLP
contact info
Bill R. Randles
Randles & Splittgerber, LLP
contact info
Billy R. Randles
Randles And Splittgerber, LLP
contact info
Plaintiff
Bader Farms, Inc.
40245 CR 101
Campbell, MO 63933
Represented By
Beverly Turina Randles
Randles And Splittgerber, LLP
contact info
Angela Marie Splittgerber
Randles And Splittgerber, LLP
contact info
Bill R. Randles
Randles & Splittgerber, LLP
contact info
Billy R. Randles
Randles And Splittgerber, LLP
contact info

GPO Feb 16 2017
MEMORANDUM AND ORDER re:30 MOTION to Remand Case to State Court filed by Plaintiff Bader Farms, Inc. - IT IS HEREBY ORDERED that plaintiffs' Motion to Remand (#30) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 2/16/2017. (JMC)
GPO Apr 10 2017
MEMORANDUM AND ORDER: That said, a final ruling on this issue is not appropriate until plaintiffs are given an opportunity to respond further. Pursuant to Rule 12(d), this Court will treat the defendants motion to dismiss as a motion for summary judgment. The parties are granted an additional 21 days to present any other material that is pertinent to the adequacy of the warning labels including additional briefing on the issue. Signed by District Judge Stephen N. Limbaugh, Jr on 4/10/2017. (JMC)
GPO Jun 29 2017
MEMORANDUM AND ORDER re:6 MOTION to Dismiss Case filed by Defendant Monsanto Company, 51 MOTION to Amend/Correct Complaint filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc., 52 MOTION to Vacate /Objection/Motion for Discovery filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc. IT IS HEREBY ORDERED that plaintiffs' motions for leave to file an amended complaint (#51) and to vacate order treating defendant's motion to dismiss as a motion for summary judgment and motion for discovery (#52) are GRANTED. IT IS FURTHER ORDERED that defendant's converted motion for summary judgment (#6) is DENIED as moot.The Court will order a Rule 16 Conference forthwith. Signed by District Judge Stephen N. Limbaugh, Jr on 6/29/17. (CSG)
GPO Oct 20 2017
MEMORANDUM AND ORDER re:68 MOTION for Leave to File Second Amended Complaint and Add Party Defendant filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc. IT IS HEREBY ORDERED that Bader's motion for leave to file an amended complaint and to add a party defendant (#68) is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/20/17. (CSG)
GPO Oct 24 2017
MEMORANDUM AND ORDER re:71 MOTION to Quash Deposition Notice and Subpoena of Dr. Ford Baldwin MOTION for Protective Order filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc. - IT IS HEREBY ORDERED that Bader's motion to quash the deposition notice and subpoena of Dr. Ford Baldwin and motion for a protective order (#71) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/24/2017. (JMC)
GPO Nov 13 2017
serve its initial disclosures (#87) is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 11/13/2017. (JMC)MEMORANDUM AND ORDER re:87 MOTION for Extension of: Time to Serve Its Fed. R. Civ. P. 26(a)(1) Disclosures on Plaintiff filed by Defendant BASF Corporation - IT IS HEREBY ORDERED that BASF's motion for an extension of time to
GPO Dec 20 2017
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs Bader Farms, Inc., and Bill Bader's motion to compel (#94) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/20/2017. (JMC)
GPO Apr 13 2018
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant BASF's motion to dismiss (#109) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that plaintiffs' Count VI for fraudulent concealment is DISMISSED. IT IS FURTHER ORDERED that plaintiffs' Counts I through V that seek to hold BASF liable for 2015 and 2016 damage are DISMISSED. Signed by District Judge Stephen N. Limbaugh, Jr on 4/13/2018. (JMC)
GPO May 08 2018
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Monsanto's motion for partial summary judgment (#105) is DENIED. IT IS FURTHER ORDERED that plaintiffs' "Motion to Deny Monsanto's Motion for Partial Summary Judgment as Premature or, in the Alternative, for an Extension of Time to Respond" (#113) is DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 5/8/2018. (JMC)
GPO Jul 30 2018
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Monsanto's motion (#137) to certify this Court's previous order for interlocutory appeal is DENIED.. Signed by District Judge Stephen N. Limbaugh, Jr on 7/30/18. (MRS)
GPO Oct 05 2018
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion to amend case management order and except case from MDL (#142) is GRANTED in part and DENIED in part, as reflected in the Bader Amended Case Management Order filed today. IT IS FURTHER ORDERED that plaintiffs' motion to amend case management order filed May 30, 2018 in the individual Bader case, 1:16cv299, (#136) is GRANTED in part and DENIED in part. IT IS FINALLY ORDERED that, although Bader will remain as part of the MDL, it will be subject to the Bader Amended Case Management Order filed today, and it is excluded from the procedures outlined in this Court's Order Allowing Master Complaints (#46) to the extent inconsistent with the Bader Amended CMO. Signed by District Judge Stephen N. Limbaugh, Jr on 10/5/2018. (JMC)
GPO Mar 21 2019
MEMORANDUM AND ORDER re:163 Emergency MOTION to Continue March 25, 2019 Expert Deposition Deadline and for Immediate Telephonic Hearing filed by Defendant Monsanto Company. A telephonic hearing was held off the record, and arguments from both sides were heard. IT IS HEREBY ORDERED that the defendants motion for continuance (#163) is DENIED.. Signed by District Judge Stephen N. Limbaugh, Jr on 3/21/19. (MRS)
GPO Apr 05 2019
dge Stephen N. Limbaugh, Jr on 4/5/19. (MRS)MEMORANDUM AND ORDER re:162 MOTION for Leave to File Plaintiffs' Third Amended Complaint and Integrated Memorandum in Support filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc. motion is GRANTED. Signed by District Ju
GPO Apr 24 2019
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)
GPO Jul 10 2019
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the defendant Monsanto's motion to dismiss the Third Amended Complaint is GRANTED in part and DENIED in part.IT IS FURTHER ORDERED that defendant BASF's motion to dismiss the Third Amended Complaint is GRANTED in part and DENIED in part.IT IS FINALLY ORDERED that Counts VI, VII, and IX are dismissed. Signed by District Judge Stephen N. Limbaugh, Jr on 7/10/19. (MRS)
GPO Nov 27 2019
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the defendants' motion to exclude the expert testimony of Dr. Ford Baldwin [#216] is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 11/27/19. (CMH)
GPO Dec 11 2019
MEMORANDUM AND ORDER re:269 MOTION to Strike Supplemental Expert Report of Dr. Guido Schnabel and Supplemental Document Production of Dr. Phillip Brannen filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc. motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/11/19. (MRS)
GPO Dec 20 2019
MEMORANDUM AND ORDER re:224 MOTION for Summary Judgment On Damages filed by Defendant BASF Corporation, Defendant Monsanto Company, 203 Joint MOTION to Strike Defendants' Joint Motion to Strike Supplemental and Rebuttal Expert Report of Joseph Guenthner filed by Defendant Monsanto Company, 213 Joint MOTION to Exclude the Opinions of Plaintiffs' Expert Dr. Joseph Guenthner filed by Defendant BASF Corporation, Defendant Monsanto Company. IT IS HEREBY ORDERED that the defendants' motion for summary judgment on damages [#224], defendants' motion to strike the supplemental and rebuttal expert report of Dr. Joseph Guenthner [#203], and defendants' motion to exclude the testimony of plaintiffs' expert Dr. Joseph Guenthner [#213] are DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/20/19. (CSG)
GPO Dec 26 2019
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the defendants motion for summary judgment on damages [#224] is GRANTED in part, and plaintiffs may not seek damages based on their experts $42 million damages calculation.. Signed by District Judge Stephen N. Limbaugh, Jr on 12/26/19. (MRS)
GPO Dec 31 2020
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the defendants motions for summary judgment [#218, #221] are DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/31/19. (MRS)
GPO Jan 14 2020
MEMORANDUM AND ORDER re:336 SEALED MOTION filed by Plaintiff Bill Bader, Plaintiff Bader Farms, Inc., 337 Joint MOTION to Exclude the Testimony of Steve Smith filed by Defendant Monsanto Company. IT IS HEREBY ORDERED that plaintiffs' motion to allow testimony of Steve Smith (#336) is GRANTED and defendants' motion to exclude testimony of Steve Smith (#337) is DENIED. IT IS FURTHER ORDERED that the plaintiffs shall make Steve Smith available for deposition within 10 days. Signed by District Judge Stephen N. Limbaugh, Jr on 1/14/20. (CSG)
GPO Feb 03 2020
MEMORANDUM AND ORDER re:322 MOTION for Reconsideration re 288 Memorandum & Order filed by Defendant BASF Corporation. IT IS HEREBY ORDERED that BASF's motion to reconsider (#322) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 2/3/20. (CSG)
GPO Feb 28 2020
MEMORANDUM AND ORDER: For the foregoing reasons, then, the Court will enter the judgment proposed by plaintiff and endorsed by Monsanto. BASF and Monsanto are jointly liable for the entirety of the verdict in light of the jurys finding that the defendants were in a joint venture. Signed by District Judge Stephen N. Limbaugh, Jr on 2/28/20. (CSG)
GPO Nov 25 2020
MEMORANDUM AND ORDER re:579 MOTION for Judgment as a Matter of Law BASF Corporation's Renewed Motion for Judgment as a Matter of Law filed by Defendant BASF Corporation, 585 MOTION for Judgment as a Matter of Law Monsanto Company's Renewed Motion for Judgment as a Matter of Law on Punitive Damages or, in the Alternative, Motion for a New Trial or Remittitur filed by Defendant Monsanto Company, 624 MOTION for Hearing re 621 MOTION for Hearing re 585 MOTION for Judgment as a Matter of Law Monsanto Company's Renewed Motion for Judgment as a Matter of Law on Punitive Damages or, in the Alternative, Motion for a New Trial or Remi filed by Defendant BASF Corporation, 643 MOTION for Joinder to Monsanto Company's Supplemental Brief in Support of Post-Trial Motions filed by Defendant BASF Corporation, 621 MOTION for Hearing re 585 MOTION for Judgment as a Matter of Law Monsanto Company's Red to $60,000,000.00 and an amended judgment will issue. Signed by District Judge Stephen N. Limbaugh, Jr on 11/25/20. (CSG)newed Motion for Judgment as a Matter of Law on Punitive Damages or, in the Alternative, Motion for a New Trial or Remittitur, 587 MOTION for filed by Defendant Monsanto Company, 583 MOTION to Alter Judgment filed by Defendant BASF Corporation, 581 MOTION for New Trial BASF Corporation's Alternative Motion for a New Trial Under Fed. R. Civ. P. 59 filed by Defendant BASF Corporation, 642 MOTION to Strike Monsanto Company's Supplement Brief In Support of Its Post-Trial Motions (Doc 641) filed by Plaintiff Bader Farms, Inc., 587 MOTION for Judgment as a Matter of Law Monsanto Company's Renewed Motion for Judgment as a Matter of Law or, in the Alternative, a New Trial on All Claims filed by Defendant Monsanto Company. IT IS HEREBY ORDERED that the BASF's renewed motion for judgment as a matter of law [#579] is DENIED. IT IS FURTHER ORDERED that BASF's alternative motion for a new trial [#581] is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that BASF's motion to alter judgment [#583] is DENIED. IT IS FURTHER ORDERED that Monsanto's renewed motion for judgment as a matter of law on punitive damages or motion for new trial or remittitur [#585] is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that Monsanto's renewed motion for judgment as a matter of law or new trial [#587] is DENIED. IT IS FURTHER ORDERED that Monsanto and BASF's motions for hearing [#621, #624] are DENIED. IT IS FURTHER ORDERED that plaintiff's motion to strike [#642] is DENIED; IT IS FURTHER ORDERED that BASF's motion for joinder [#643] is GRANTED; IT IS FINALLY ORDERED the Punitive Damages award is reduce
GPO Jan 28 2021
MEMORANDUM AND ORDER re:631 MOTION to Seal Document Monsanto Company's Motion to Seal Certain Limited Trial Exhibits and Related Testimony filed by Defendant Monsanto Company: IT IS HEREBY ORDERED that Monsanto's motion to seal [#631] is DENIED in part and GRANTED in part as explained herein. Signed by District Judge Stephen N. Limbaugh, Jr on 01/28/2021. (CMH)
GPO May 17 2021
MEMORANDUM AND ORDER re:659 Supplemental MOTION for Bill of Costs (Amended) filed by Plaintiff Bader Farms, Inc., 658 Amended MOTION for Bill of Costs filed by Plaintiff Bader Farms, Inc. IT IS HEREBY ORDERED that plaintiff's amended bill of costs [#658, #659] is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that defendants shall pay plaintiff $48,302.58 in costs. Signed by District Judge Stephen N. Limbaugh, Jr on 5/17/21. (CSG)
GPO Nov 30 2022
MEMORANDUM AND ORDER. Signed by District Judge Stephen N. Limbaugh, Jr on 11/30/2022. (CMH)
GPO Dec 08 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to enforce judgment as to post-judgment interest [Doc. 687] is GRANTED. IT IS FURTHER ORDERED that BASF shall pay plaintiff post-judgment interest in the amount of $280,948.14 to satisfy its share of interest owed on half of the compensatory damages and costs paid on October 31, 2022. IT IS FINALLY ORDERED that BASF shall pay plaintiff interest on the shortfall of BASF's October 31, 2022, payment at the rate of $11.24/day from November 1, 2022, until it is paid in full. Signed by District Judge Stephen N. Limbaugh, Jr on 12/8/2022. (JMC)

1. Bader Farms lawsuit against Monsanto moved to federal court (dddnews.com)
Submitted Wed 01/04/2017
Docket last updated: 11/15/2024 11:59 PM CST
Wednesday, September 25, 2024
715 715 appeal Letter re:Writ of Certiorari filed w/US Supreme Court Wed 09/25 11:44 AM
LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 23-1134 Supreme Court #: 24-318. The petition for writ of certiorari has been filed.(MRS)
Related: [-]
Att: 1 Letter re: writ of Certiorari