4:06-md-01811-CDP
Genetically Modified Rice Litigation

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Introduction

This multidistrict litigation includes approximately 300 cases filed by rice farmers and others involved in the rice business. Plaintiffs include farmers from the states of Arkansas, Louisiana, Mississippi, Missouri, and Texas. The cases arise from the 2006 discovery that trace amounts of LLRICE 601, a genetically modified rice strain, had been detected in the U.S. rice supply. LLRICE 601 is a rice seed developed by Bayer CropScience, which is resistant to a Bayer herbicide, Liberty Link. Although LLRICE 601 is now deregulated by the USDA, at the time of the contamination it was not approved for human consumption. Plaintiffs seek to recover damages for market losses and expenses they claim to have incurred because of the contamination.

Procedural History

The Judicial Panel on Multidistrict Litigation consolidated the cases in December of 2006 doc 1. After a substantial number of cases were transferred to the Eastern District of Missouri, the Court began holding conferences with counsel and appointed leadership counsel 182. The producer plaintiffs (rice farmers) filed a consolidated class action complaint in May of 2007 264 . The parties spent several months conducting discovery related to class certification and related to the question whether the foreign defendants could be sued here. On June 27, 2008 the Court denied the foreign defendants’ motions to dismiss for lack of personal jurisdiction 733 . On August 14, 2008, the court denied the plaintiffs’ motion for class certification 781. Plaintiffs filed an amended complaint 1010 in January of 2009. The parties are now conducting discovery in selected cases, as set forth in the Case Management Orders beginning with Case Management Order number 9 CMO 9, 10, 11, and 12. The first bellwether trial will begin on November 2, 2009, and will concern the claims of two groups of Missouri farmers. CMO 18, doc #1487. In October of 2009 the Court ruled on summary judgment motions related to those Missouri plaintiffs’ claims. doc # 1604. Jury trial of claims of certain Arkansas and Mississippi plaintiffs will begin on January 11, 2010. CMO18, doc # 1487.

Orders

This page contains the Case Management Orders and selected procedural and substantive orders. It is not a complete inventory of decisions, and these electronic versions are not official documents of record. The official records are those contained in the Clerk’s official Docket.

Date Filed	#	Description
11/02/2009	1878	ORDER AMENDING CASE MANAGEMENT ORDER NO. 19
09/28/2009	1604	ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUSDGEMENT MOTIONS RELATED TO BELL AND HUNTER CLAIMS (MISSOURI)
09/28/2009	1558	CASE MANAGEMENT ORDER NO. 19
09/01/2009	1487	CASE MANAGEMENT ORDER NO. 18
05/22/2009	1327	CASE MANAGEMENT ORDER NO. 17
05/22/2009	1325	ORDER REGARDING PRETRIAL SUBMISSIONS FOR BELLWETHER TRIALS
05/22/2009	1323	ORDER CORRECTING CASE MANAGEMENT ORDER DATES.
05/21/2009	1321	ORDER REGARDING FILING IN ALL CASES.
04/16/2009	1203	MODIFIED CASE MANAGEMENT ORDER NO. 3.
04/16/2009	1202	SECOND REVISED PROTECTIVE ORDER.
04/16/2009	1201	AGREED ORDER REGARDING THE PHIPPS GROUP OF ATTORNEYS.
03/24/2009	1160	MEMORANDUM AND ORDER DENYING MOTIONS TO REMAND 34 CASES TO TEXAS STATE COURT
03/12/2009	1129	CASE MANAGEMENT ORDER NO. 16
03/10/2009	1119	ORDER CLARIFYING AND CORRECTING CMO 15
02/25/2009	1059	CASE MANAGEMENT ORDER NO. 15
02/09/2009	1059	ORDER REINSTATING STAY ON AMENDMENTS IN PRODUCER CASES
02/02/2009	1043	CASE MANAGEMENT ORDER NO. 14
12/22/2008	994	CASE MANAGEMENT ORDER NO. 13
11/24/2008	954	CASE MANAGEMENT ORDER NO. 12.
11/24/2008	953	ORDER APPOINTING SPECIAL MASTER FOR SETTLEMENT.
11/14/2008	923	ORDER PROPOSING APPOINTMENT OF SPECIAL MASTER FOR SETTLEMANT
11/03/2008	914	CASE MANAGEMENT ORDER NO. 11.
11/03/2008	913	AMENDMENT TO CASE MANAGEMENT ORDERS 9 & 10
10/21/2008	897	CASE MANAGEMENT ORDER No. 10
10/21/2008	896	CASE MANAGEMENT ORDER No. 9
08/14/2008	781	ORDER DENYING MOTION FOR CLASS CERTIFICATION
06/27/2008	733	ORDER DENYING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION
06/17/2008	722	CASE MANAGEMENT ORDER No. 8
04/30/2008	677	ORDER REMANDING SIMPSON CASE TO TEXAS STATE COURT
02/13/2008	591	CASE MANAGEMENT ORDER No. 7
12/03/2007	474	AGREED ORDER RE: DEPOSITION PROTOCOL
10/03/2007	473	CASE MANAGEMENT ORDER No. 6
10/24/2007	417	CASE MANAGEMENT ORDER No. 5
10/22/2007	398	ORDER DENYING MOTION TO REMAND BEAUMONT CASE TO TEXAS STATE COURT
10/15/2007	378	ORDER DENYING MOTION TO REMAND TEXANA CASE TO TEXAS STATE COURT
10/15/2007	377	ORDER REMANDING SCHAFER CASE TO ARKANSAS STATE COURT
09/28/2007	371	CASE MANAGEMENT ORDER No. 4
06/07/2007	292	CASE MANAGEMENT ORDER No. 3
06/05/2007	291	AGREED ORDER FILED RE: PROTOCOL FOR DOCUMENT PRODUCTION
06/05/2007	290	AGREED CONFIDENTIALITY AND PROTECTIVE ORDER
06/05/207	289	AGREED ORDER RE: PRESERVATION OF COMMUNICATIONS DOCUMENTS ELECTRONIC DATA OTHER TANGIB
04/24/2007	235	MDL ORDER RENAMING LITIGATION
04/19/2007	185	CASE MANAGEMENT ORDER No. 2
04/18/2007	183	CASE MANAGEMENT ORDER No. 1
04/18/2007	182	ORDER APPOINTING LEADERSHIP COUNSEL
02/16/2007	27	ORDER SETTING INITIAL SCHEDULING CONFERENCE
12/19/2006	2	INITIAL ORDER
12/19/2006	1	JPML ORDER

Contacts

Clerk's Office

United States District Court
Eastern District of Missouri
111 South 10th Street, Suite 3.300
St. Louis, MO 63102
(314)244-7900

Case Management Team
Melanie Berg (314) 244-7931 (team leader)
Ron Douglas (314) 244-7930
Kari Hisaw (314) 244-7927
Mary Grace Becker (314) 244-7917

Chambers of U.S. District Judge Catherine D. Perry

Courtroom 14-South
111 South 10th Street
Suite 14.182
St. Louis, MO 63102
(314)244-7520

Judicial Assisant: Brian Crow
Court reporter: Teri Hopwood (314)244-7988

Special Master for Settlement:

Stephen N. Limbaugh, Sr.,
Senior Counsel
Armstrong Teasdale LLP
One Metropolitan Square, Suite 2600
St. Louis, MO 63102
(314)621-5070

Lead Counsel for the Plaintiffs:

Don M. Downing
GRAY AND RITTER, P.C.
701 Market Street, Suite 800
St. Louis, MO 63101-1826
(314)241-5620

Adam J. Levitt
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
55 W. Monroe Street, Suite 1111
Chicago, IL 60603
(312)984-0000

Lead Counsel for the Defendants:

Terry R. Lueckenhoff
FOX GALVIN, LLC
One S. Memorial Drive, 12th Floor
St. Louis, MO 63102
(314)588-7000

Eric R. Olson
BARTLIT AND BECK, LLP
1899 Wynkoop Street, Eighth Floor
Denver, CO 80202
(303)592-3100

Plaintiffs' Executive Committee:

Scott E. Poynter
EMERSON POYNTER LLP
The Museum Center
500 President Clinton Avenue, Suite 305
Little Rock, AR 72201
(501)907-2555

Richard J. Arsenault
NEBLETT AND BEARD
P.O. Box 1190
Alexandria, LA 71309-1190
(318)487-9874

Stephen A. Weiss
SEEGER WEISS LLP
One William Street
New York, NY 10004-2502
(212)584-0700

Joe Whatley, Jr.
WHATLEY AND DRAKE
1540 Broadway, 37th Floor
New York, NY 10036
(212)447-7070

William B. Chaney
LOOPER AND REED
1601 Elm Street, Suite 4100
Dallas, TX 75201
(214)954-4135

Ralph E. Chapman
CHAPMAN AND LEWIS
501 First Street
PO Box 428
Clarksdale, MS 38614
(662)627-4105

Liaison Counsel for Non-Bayer Defendants:

Christopher Hohn
THOMPSON COBURN
One US Bank Plaza, Suite 26
St. Louis, MO, 63101

Liaison Counsel for European Non-Producer Plaintiffs:

John K. Baker
MITCHELL AND WILLIAMS
425 West Capitol Ave., Suite 1800
Little Rock, AR, 72201
(501)688-8800

Liaison Counsel for other Non-Producer Plaintiffs:

William B. Chaney
LOOPER AND REED
1601 Elm Street, Suite 4100
Dallas, TX 75201
(214)954-4135

Hearings and Conferences

This calendar provides only the upcoming hearings and status conferences. It does not include other case management deadlines. For most hearings and status conferences, a call-in number is established (and sent out approximately one week before the hearing or conference) to allow telephone participation.

• Monday, November 2, 2009, 8:30 a.m., First Bellwether Trial begins.
• Thursday, December 3, 2009 at 12:30 p.m., monthly telephone conference with lead counsel (plaintiffs' counsel will initiate this conference).
• Thursday, January 7, 2010, 10:00 a.m., Final Pretrial Conference for the third Bellwether Trial in Courtroom 14-South. The monthly conference with lead counsel is immediately following and the Court will initiate this call-in conference by Order.
• Monday, January 11, 2010, 8:30 a.m., Second Bellwether Trial begins.
• Thursday, February 11, 2010, 12:30 p.m., monthly telephone conference with lead counsel (plaintiffs' counsel will initiate this conference).
• Thursday, March 11, 2010, 12:30 p.m., monthly telephone conference with lead counsel (plaintiffs' counsel will initiate this conference).
• Thursday, April 15, 2010, 10:00 a.m., Final Pretrial Conference in Courtroom 14-South in Riviana v. Bayer 4:08CV375 CDP. The monthly conference with lead counsel is immediately following and the Court will initiate this call-in conference by Order.
• Monday, April 19, 2010, 8:30 a.m., Riviana v. Bayer, 4:08CV375 CDP Trial begins.

Filing Tips

Revised May 2009 – Please Review New Requirements

The Orders in this case set the rules for filing matters in this case. The Local Rules apply unless changed by a specific order. The following tips are meant to assist counsel, but are not a complete summary of the rules for filing. Please read all Case Management and Procedural Orders carefully.

• Please note that as of May 21, 2009 docket #1321 the filing rules for this case have changed as follows:

  For all cases, all documents filed with the court are to be filed in the main 4:06MD1811 case. In addition, pleadings (as defined in Rule 7(a), Fed. R. Civ. P.) and any motions or other documents directed to pleadings – for example, motions to dismiss, motions to remand, motions to amend, motions for summary judgment, or any briefs or exhibits related or responding to such motions – are to be filed in both the main 4:06MD1811 case and the individual civil case(s) to which the filing relates. Other items – such as documents relating to discovery or scheduling issues – are not to be filed in the individual civil cases.

• Notice of Depositions are filed only in the main MDL case and no other discovery documents shall be filed.
• The Clerk’s office has provided instructions for service of process of foreign defendants. Please follow these instructions and if you need further assistance, call the Clerk’s office.
• All counsel and all parties are listed in the main MDL case, so all counsel will get notices of anything filed in that case. If things are filed only in an individual case, only counsel who appear on the docket sheet of that case will receive notices. The court does not send mail notices, so only counsel who have provided an electronic entry of appearance and email address receive notices.
• The CM/ECF system provides an option for “spreading” entries. It defaults to the “no” position. If you change this to “yes”, your document will be filed in all 277 cases and all counsel of record will receive 277 emails notifying them of your filing. Please do not do this unless instructed by the court.

Reports of Counsel

 

Date Filed	#	Description
10/27/2009	1840	JOINT REPORT OF LEAD COUNSEL FOR 10/29/2009 PRETRIAL CONFERENCE
09/17/2009	1518	JOINT REPORT OF LEAD COUNSEL FOR 09/24/2009 STATUS CONFERENCE
08/20/2009	1461	JOINT REPORT OF LEAD COUNSEL FOR 08/27/2009 STATUS CONFERENCE
07/23/2009	1410	JOINT REPORT OF LEAD COUNSEL FOR 07/30/2009 STATUS CONFERENCE
06/18/2009	1363	JOINT REPORT OF LEAD COUNSEL FOR 06/25/09 STATUS CONFERENCE
05/14/2009	1280	JOINT REPORT OF LEAD COUNSEL FOR 05/21/09 STATUS CONFERENCE
04/09/2009	1181	JOINT REPORT OF LEAD COUNSEL FOR 04/16/09 STATUS CONFERENCE
03/10/09	1121	LEAD COUNSELS' AMENDED PROPOSAL FOR SCHEDULING REMAINING PRODUCER CASES
03/03/2009	1113	Report for 03/05/09 Status Conference
02/12/2009	1081	Report for 02/19/09 Status Conference
01/29/2009	1029	Report for 01/29/2009 Conference
01/05/2009	1009	List of Pending Related Cases
12/17/2008	987	Lead Counsels' Selection of Initial Trial Pool Plaintiffs
12/11/2008	983	Report for 12/18/2008 Conference
11/14/2008	931	Supplemental Report for 11/20/2008
11/13/2008	924	Report for 11/20/2008 Conference
10/15/2008	879	Non-Producer Plaintiff CMO Proposal
10/02/2008	863	Defendants' Proposal for CMO 9
10/02/2008	862	Plaintiffs' Proposal for CMO 9
10/02/2008	861	Joint Statement re Proposals for CMO 9
05/16/2008	698	Non-Producer Plaintiff CMO Proposal
11/26/2007	450	Joint Motion re Deposition Protocol
11/20/2007	438	Report for 11/29/2007 Conference
09/14/2007	362	Report for 09/20/2007 Conference
05/29/2007	285	Report for 05/31/07 Conference