DeMarmels v. Monsanto Company et al

Consolidated
Lead case: 3:16-md-02741

California Northern District Court
Judge:Vince Chhabria
Case #: 3:22-cv-04406
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Jul 29, 2022
Case in other court:New York Southern, 7:22-cv-00221
Last checked: Wednesday Jan 25, 2023 12:42 AM PST
Defendant
Monsanto Company
Represented By
Jennise Walker-Stubbs
Shook Hardy & Bacon L.L.P.
contact info
Plaintiff
Michael DeMarmels
Represented By
Vilma Blankowitz
Law Office Of Vilma Blankowitz
contact info
TERMINATED PARTIES
Defendant
Bayer A.G.
Terminated: 07/18/2022
Defendant
Bayer Corporation
Terminated: 07/18/2022


Docket last updated: 02/06/2025 11:59 PM PST
Wednesday, September 04, 2024
27 27 1 pgs order Order ~Util - Terminate Motions Wed 09/04 3:30 PM
ORDER GRANTING MOTIONS TO MOVE CASES TO LATER WAVES re (19054, 19063, 19080, 19104 in 3:16-md-02741-VC), (14 in 3:20-cv-01237-VC), (12 in 3:23-cv-01084-VC), (21 in 3:22-cv-05286-VC), (26 in 3:22-cv-04406-VC). Signed by Judge Vince Chhabria on 9/4/2024. (bxs, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Thursday, August 22, 2024
26 26 motion Transfer Case Thu 08/22 2:54 PM
MOTION to Transfer Case to wave 9D (Unopposed) filed by Michael DeMarmels. Responses due by 9/5/2024. Replies due by 9/12/2024. (Wagstaff, Aimee)
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Wednesday, March 20, 2024
25 25 2 pgs order Order on Motion to Continue Order on Motion for Miscellaneous Relief Order on Administrative Motion per Civil Local Rule 7-11 Wed 03/20 11:08 AM
ORDER GRANTING MOTIONS TO MOVE CASES TO LATER WAVES. Associated Cases: 3:16-md-02741-VC, 3:17-cv-03202-VC, 3:19-cv-07533-VC, 3:20-cv-07322-VC, 3:21-cv-01214-VC, 3:22-cv-01229-VC, 3:22-cv-03140-VC, 3:22-cv-03830-VC, 3:22-cv-04400-VC, 3:22-cv-04406-VC, 3:22-cv-05047-VC. (crblc4, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Tuesday, March 19, 2024
24 24 motion Miscellaneous Relief Tue 03/19 12:29 PM
MOTION to Move Case to Wave 8C (Unopposed) filed by Michael DeMarmels. Responses due by 4/2/2024. Replies due by 4/9/2024. (Wagstaff, Aimee)
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Tuesday, February 06, 2024
23 23 notice Notice of Appearance Tue 02/06 10:34 AM
NOTICE of Appearance by Emily T Acosta (Acosta, Emily)
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Friday, February 10, 2023
22 22 notice Notice of Appearance Fri 02/10 2:51 PM
NOTICE of Appearance by Aimee H. Wagstaff on behalf of Plaintiff (Wagstaff, Aimee)
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Wednesday, February 08, 2023
21 21 notice Notice of Appearance Wed 02/08 4:10 PM
NOTICE of Appearance by Tara Kirsten King on behalf of Plaintiff (King, Tara)
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Wednesday, August 17, 2022
20 20 notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Wed 08/17 10:36 AM
Corporate Disclosure Statement by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. [ (Walker-Stubbs, Jennise)
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19 19 notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Wed 08/17 10:35 AM
Certificate of Interested Entities by Monsanto Company identifying Other Affiliate Bayer AG for Monsanto Company. [RE: Plaintiff Michael DeMarmels] (Walker-Stubbs, Jennise)
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18 18 answer Answer to Complaint Wed 08/17 10:34 AM
ANSWER TO PLAINTIFFS COMPLAINT Defendant Monsanto Company's 284605[RE: Plaintiff Michael DeMarmels] by Monsanto Company. (Walker-Stubbs, Jennise) Modified on 8/17/2022 (kmg, COURT STAFF)
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Friday, July 29, 2022
17 17 transfer Case Transferred In - District Transfer Fri 07/29 12:50 PM
Case transferred in from District of New York Southern; Case Number 7:22-cv-00221. Original file certified copy of transfer order and docket sheet received.
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utility MDL Member Case Fri 07/29 12:53 PM
MEMBER CASE OPENED: re 16-cv-2741, New York Southern, 7:22cv00221 DeMarmels v. Monsanto Company et al, Opened in California Northern District as 22-cv-4406 pursuant to Conditional Transfer Order 343 cc: JPMDL (lsk, COURT STAFF)
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Wednesday, July 27, 2022
16 16 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of South Carolina. (Signed by MDL Panel on 7/15/2022) (vba)
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MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of South Carolina (vba)
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Monday, July 18, 2022
15 15 NOTICE OF DISMISSAL AS TO CLAIMS AGAINST BAYER CORPORATION AND BAYER AG: Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), Plaintiff Michael DeMarmels hereby dismisses all of his claims against Bayer Corporation and Bayer AG without prejudice. Neither Bayer Corporation nor Bayer AG have answered or filed a motion for summary judgment, and this notice of dismissal is, therefore, "effective on filing." Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999); see also Steiner v. Atochem, S.A., No. 89 CIV.7990 (JFK), 2002 WL 1870322, at *4 (S.D.N.Y. Aug. 13 2002). APPLIVATION GRANTED SO ORDERED. The case is dismissed as to defendants Bayer Corporation and Bayer AG only. Bayer AG and Bayer Corporation terminated. (Signed by Judge Vincent L. Briccetti on 7/18/2022) (ate)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 14 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Thursday, July 14, 2022
14 14 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Bayer AG, Bayer Corporation. Document filed by Michael DeMarmels. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Blankowitz, Vilma)
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Friday, April 15, 2022
13 13 ORDER granting in part and denying in part12 Letter Motion for Extension of Time: It will not take 6-12 months to serve one of the world's largest pharmaceutical companies located in Germany. Plaintiff is granted an extension of time to serve Bayer AG until 7/15/2022. If for some reason plaintiff requires additional time to serve this defendant, he must make an application for a further extension of time prior to 7/15/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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12 12 FIRST LETTER MOTION for Extension of Time to serve complaint on Defendant Bayer AG addressed to Judge Vincent L. Briccetti from Vilma Blankowitz, Esq. dated April 15, 2022. Document filed by Michael DeMarmels..(Blankowitz, Vilma)
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Att: 1 Affidavit affidavit in support of motion for extension of time
11 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Bayer Corporation served on 4/7/2022, answer due 4/28/2022. Service was accepted by Secretary of State: Sue Zouky, Legal Clerk. Document filed by Michael DeMarmels..(Blankowitz, Vilma)
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10 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Monsanto Company served on 4/7/2022, answer due 4/28/2022. Service was accepted by Secretary of State: Sue Zouky. Document filed by Michael DeMarmels..(Blankowitz, Vilma)
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Tuesday, April 12, 2022
9 9 ORDER: Accordingly, pursuant to Rule 4(m), this action will be dismissed without prejudice unless, on or before April 19, 2022, plaintiff either: (i) files on the ECF docket proof of service, indicating all defendants were served on or before April 11, 2022; or (ii) shows good cause in writing for his failure to comply with Rule 4(m). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/12/2022) (mml)
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Friday, April 08, 2022
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vilma Blankowitz to RE-FILE Document No. 8 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on Summons PDF does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal)
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Thursday, April 07, 2022
8 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re:1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/8/2022 (lal).
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7 7 ELECTRONIC AMENDED SUMMONS ISSUED as to Bayer AG, Bayer Corporation, Monsanto Company..(pc)
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Wednesday, April 06, 2022
6 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re:1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/7/2022 (pc).
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Monday, April 04, 2022
5 5 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re:1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma) Modified on 4/5/2022 (lal). Modified on 4/7/2022 (pc).
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Thursday, February 10, 2022
4 4 ELECTRONIC SUMMONS ISSUED as to Bayer AG, Bayer Corporation, Monsanto Company. (vf)
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3 3 REQUEST FOR ISSUANCE OF SUMMONS as to Monsanto Company, Bayer Corporation and Bayer AG, re:1 Complaint. Document filed by Michael DeMarmels..(Blankowitz, Vilma)
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Wednesday, January 12, 2022
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc)
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Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc)
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Case Designated ECF. (pc)
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Tuesday, January 11, 2022
2 2 CIVIL COVER SHEET filed..(Blankowitz, Vilma)
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1 1 COMPLAINT against Bayer AG, Bayer Corporation, Monsanto Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-25565070)Document filed by Michael DeMarmels..(Blankowitz, Vilma)
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