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Personal Inj. Prod. Liability | Florida Middle
Notice (Other)
Mediation NOTICE Submission Re Amended Case Management and Scheduling Order by Robert Hogarty. (RLD)
Order on Motion to Dismiss / Failure to State a Claim
ENDORSED ORDER: The motion to dismiss (Doc. 128) is DENIED without prejudice for failure to include a Local Rule 3.01(g) conferral certification. The motion takes a technical view of some of the allegations and concludes that some sentences and phrases indicate that the plaintiff is attempting to still assert, despite his contrary statements elsewhere, misrepresentation and failure to warn theories against Monsanto Company and Bayer CropScience LP. Local Rule 3.01(g) clarifies such imprecision in drafting by requiring conferral ahead of motions to dismiss to avoid needless litigation by the parties and wasted time by the court. No later than September 11, 2026, Monsanto Company and Bayer CropScience LP must confer with the plaintiff regarding their interpretation of the operative complaint. After conferral, if the parties cannot come to a resolution regarding the claims asserted by the operative complaint, Monsanto Company and Bayer CropScience LP may file their motion again no later than September 15, 2026, with a proper 3.01(g) conferral certification. If the parties agree, Hogarty may file, no later than September 15, 2026, a notice expressly disclaiming that, despite what may be some inartfully included holdover allegations, the operative complaint does not press misrepresentation and failure to warn theories or claims against Monsanto Company and Bayer CropScience LP. If Hogarty files such a notice, Monsanto Company and Bayer CropScience LP must answer the operative complaint no later than fourteen days after it is docketed. Signed by Judge Kathryn Kimball Mizelle on 9/3/2026. (GTD)
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