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COMPLAINT against all Defendants filed by Robert H Heptinstall, Wendell E Sims,
James L Collins with certified mail request filed within. (Entered: 08/11/2006)
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Summons Issued as to Pharmacia Corporation, Monsanto Company, Inc mailed
certified mail. (Entered: 08/11/2006)
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Summons Issued as to Monsanto Employee Benefits Plan Committee, Monsanto
Company Employee Benefits Executive Committee, Monsanto Company Salaried
Employees' Pension Plan mailed certified mail (Entered 08/15/2006
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SUMMONS Returned Executed as to Monsanto Company, Inc served on
8/14/2006, answer due 9/5/2006 postal stamped. (Entered:08/18/2006)
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SUMMONS Returned Executed as to Pharmacia Corporation served on 8/16/2006,
answer due 9/5/2006 postal stamped. (Entered: 08/24/2006)
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08/23/2006 6 SUMMONS Returned Executed as to Monsanto Employee Benefits
Plan Committee served on 8/18/2006, answer due 9/7/2006; Monsanto Company
Employee Benefits Executive Committee served on 8/18/2006, answer due
9/7/2006; Monsanto Company Salaried Employees' Pension Plan served on
8/18/2006, answer due 9/7/2006 (postal stamped.) (Entered: 08/25/2006)
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MOTION for Extension of Time to File Their Initial Responsive
Pleadings by Monsanto Employee Benefits Plan Committee, Monsanto Company
Employee Benefits Executive Committee, Pharmacia Corporation, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan. (James,
Donald) (Entered: 09/01/2006)
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As outlined during the September 5, 2006 telephone conference, ORDER granting
7 Motion for Extension of Time to file their initial responsive pleadings. However,
the parties are to proceed with their Rule 26 obligations, including the Parties'
Planning Meeting. Signed by Judge R David Proctor on 09/05/06.
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MOTION for Leave for Darci F. Madden and Jeffrey S. Russell to
Appear Pro Hac Vice by Monsanto Employee Benefits Plan Committee, Monsanto
Company Employee Benefits Executive Committee, Pharmacia Corporation,
Monsanto Company, Inc., Monsanto Company Salaried Employees' Pension Plan.
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ORDER granting 8 Motion for Leave to Appear Darci F. Madden and
Jeffrey S. Russell pro hac vice. Signed by Judge R David Proctor on
10/02/06. (Entered: 10/02/2006)
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MOTION to Dismiss by Monsanto Employee Benefits Plan Committee,
Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan. (Madden, Darci) (Entered:
10/05/2006)
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Memorandum in Support of MOTION to Dismiss filed by Monsanto Employee
Benefits Plan Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan. (Madden, Darci) (Entered: 10/05/2006)
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ORDER on or before 10/27/2006, the parties are ordered to engage in a
good faith discussion as set out, dismissing Motion to Dismiss without
prejudice to refiling, if appropriate after the parties' good faith discussion.
Signed by Judge R David Proctor on 10/6/2006. (Entered:
10/06/2006)
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REPORT of Rule 26(f) Planning Meeting. (Madden, Darci) (Entered: 10/20/2006)
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Renewed MOTION to Dismiss by Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan. (Madden, Darci) (Entered:
10/23/2006)
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Brief in Support of Renewed MOTION to Dismiss filed by Monsanto Employee
Benefits Plan Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan. (Madden, Darci) Modified on 10/24/2006.
(Entered: 10/23/2006)
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First MOTION to Certify Class by Robert H Heptinstall, Wendell E Sims, James L
Collins. (Rives, Elisa) (Entered: 10/23/2006)
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Brief in Support of Motion to Certify Class filed by Robert H Heptinstall, Wendell E
Sims, James L Collins. (Rives, Elisa) (Entered: 10/23/2006)
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ORDER SETTING status/scheduling conference on 11/3/2006 at 10:00 AM in
chambers of Judge R David Proctor on 10/23/2006. (Entered: 10/24/2006)
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MOTION to Dismiss Renewed by Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Attachments: # 1 Exhibit
Exh A: Salaried Employees' Pension Plan (1981) # 2 Exhibit Exh. A (continued) #
3 Exhibit Exh. B: Ltr to Secretary of Employee BenefitsPlan Committee # 4 Exhibit
Exh C: Salaried Employees' Pension Plan (1976) # 5 Exhibit Exh C: (continued)#
6 Exhibit Exh C: (continued)) (Madden, Darci) (Entered: 10/24/2006)
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ORDER - All non-summary judgment motions should conform to "Exhibit B"
attached hereto; responsive submissions in opposition to First MOTION to Certify
Class and MOTION to Dismiss shall be filed on or before Monday, 10/30/06, reply
submissions shall be filed on or after Thursday, 11/2/06;court will entertain
argument and discussion at conference set for 11/3/06 at 10:00 a.m. in chambers
of undersigned. Signed by Judge R David Proctor on 10/24/06. (Entered:
10/24/2006)
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Refiling of Movant's Initial Submission in Response to Exhibit B of the Court's
Order (Plaintiffs' Brief in Support of Motion for Class Certification) filed by Robert H
Heptinstall, Wendell E Sims, James L Collins. (Rives, Elisa) (Entered:10/25/2006)
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RESPONSE in Opposition to First MOTION to Certify Class filed by Monsanto
Employee Benefits Plan Committee, Monsanto Company Employee Benefits
Executive Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan. (Attachments: # 1 Exhibit 1 (1971
Plan) # 2 Exhibit 2 (denial of appeal) # 3 Exhibit 3 (excerpt from Gilley hearing
transcript)) (Madden, Darci) (Entered: 10/30/2006)
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Opposition to Opponents' Responsive Submission in Response to
Exhibit B of the Court's Order (Plaintiffs' Memorandum in Opposition to
Renewed Motion to Dismiss) filed by Robert H Heptinstall, Wendell E
Sims, James L Collins. (Rives, Elisa) (Entered: 10/30/2006)
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REPLY Brief filed by Defendants Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan in support of renewed MOTION to
Dismiss (Movant's Reply Submission in Response to Exhibit B of Court's Order)
filed by Monsanto Employee Benefits Plan Committee, Monsanto Company
Employee Benefits Executive Committee, Pharmacia Corporation, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan. (Madden,
Darci) (Entered:11/02/2006)
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ORDER Conference scheduled for 10:00 a.m. on 11/02/06. The
conference has been POSTPONED and will be rescheduled at a later
date. Signed by Judge R David Proctor on 11/02/06. (Entered:11/02/2006)
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PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO CLASS CERTIFICATION
(MOVANTS REPLY SUBMISSION IN RESPONSE TO EXHIBIT B OF THE COURTS
ORDER) (Rives, Elisa) (Entered: 11/02/2006)
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MOTION to Compel Discovery (Attachments: # 1 Affidavit of Elisa S. Rives # 2
Exhibit1 # 3 Exhibit 2 # 4 Exhibit 3) (Rives, Elisa) (Entered: 12/11/2006)
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Memorandum in Support of Motion to Compel Discovery . (Rives, Elisa)
(Entered: 12/11/2006)
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ORDER RE MOTION to Compel Discovery, any briefs related to the motion shall
comply with attached "Exhibit B," except briefs in opposition shall be filed by
12/18/2006, and brief in reply shall be filed by 12/21/2006. Signed by Judge R
David Proctor on 12/12/2006. (Entered: 12/12/2006)
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MOTION for Preliminary Injunction Against Solutia, Incorporated (Attachments: #
1 Affidavit Elisa Smith Rives # 2 Exhibit A)(Rives, Elisa) Modified on 12/18/2006.
(Entered: 12/15/2006)
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MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Elisa Smith Rives #
2 Exhibit A)(Rives, Elisa) (Entered:12/15/2006)
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ORDER the undersigned hereby RECUSES himself from further
participation in this case, case reassigned to Judge C Lynwood Smith, Jr
for all further proceedings, PLEASE USE CASE NUMBER 4:06-cv-
1564-CLS for all future pleadings. Judge R David Proctor no longer
assigned to case. Signed by Judge R David Proctor on 12/15/2006.
(Entered: 12/18/2006)
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RESPONSE in Opposition to MOTION to Compel Discovery filed by Monsanto
Employee Benefits Plan Committee, Monsanto Company Employee Benefits
Executive Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan. (Attachments: # 1 Exhibit A # 2
Exhibit B)(James, Donald) (Entered: 12/18/2006)
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ORDER setting motion deadline for Motion for Preliminary Injunction. Defendants
are ORDERED to respond to the motion on or before Tuesday, December 26,
2006 . Signed by Judge C Lynwood Smith Jr on 12/19/2006. (Entered:
12/19/2006)
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REPLY to Response to Defendants Opposition to Motion to Compel Discovery
(Rives, Elisa) (Entered: 12/20/2006)
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RESPONSE in Opposition to MOTION for Preliminary Injunction Against Solutia,
Incorporated (Memorandum Opposing Motions for Orders Dated 12/15/2006) filed
by Monsanto Employee Benefits Plan Committee, Monsanto Company Employee
Benefits Executive Committee, Pharmacia Corporation, Monsanto Company, Inc,
Monsanto Company Salaried Employees' Pension Plan. (Attachments: # 1 Exhibit
A: 2006 Form 10-K)(James, Donald) Modified on 12/21/2006.
(Entered: 12/21/2006)
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Motion to Amend Complaint to add additional plaintiffs. (Rives, Elisa) (Entered:
01/13/2007)
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AMENDED COMPLAINT against all defendants (Rives, Elisa) (Entered: 01/13/2007)
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ORDER Plaintiffs' Motion for Preliminary Injunctive Relief is DENIED, as more fully
set out in order. Signed by Judge C Lynwood Smith Jr on 2/8/2007. (Entered:
02/08/2007)
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MEMORANDUM OPINION and ORDER Plaintiff's Motion to Compel is DENIED
without prejudice, Plaintiff's Motion to Amend/Correct is GRANTED, Plaintiff's
Motion to Certify Class is DENIED without prejudice, Defendant's Motion to
Dismiss is DENIED without prejudice, The parties are ORDERED to confer and file
a joint report indicating their positions on the imposition of a stay by 5/21/2007,
as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 5/15/2007.
Modified on 5/15/2007 (Entered:05/15/2007)
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Joint Notice of Parties' Position Regarding Stay of Litigation (James, Donald)
(Entered: 05/18/2007)
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ORDER STAYING CASE, This action is STAYED pending the 11th Circuit's resolution
of the application for interlocutory appeal in the related case of Gilley v. Monsanto
Company, Inc., et al; as more fully set out in order. Signed by Judge C Lynwood
Smith Jr on 5/21/2007. (Entered: 05/21/2007)
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NOTICE of Status Report Gilley v. Monsanto (Rives, Elisa) (Entered: 08/03/2007)
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MOTION to Stay Supreme Court Review and Status Report (Rives, Elisa)
(Entered: 08/31/2007)
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ORDER granting motion to Stay. Signed by Judge C Lynwood Smith
Jr on 9/4/2007. (DJC) (Entered: 09/04/2007)
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NOTICE of denial of certiorari in Gilley v. Monsanto 04-0562 (Rives, Elisa)
(Entered: 01/18/2008)
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MOTION to clarify and for scheduling conference. (Rives, Elisa) (Entered:
01/24/2008)
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ORDER granting Motion for Initial Order and Scheduling Order. An Initial Order
and Class Action Scheduling Order will be entered contemporaneously herewith.
The stay on this case is LIFTED, and the parties are directed to proceed in
accordance with the Class Action Scheduling Order. Signed by Judge C. Lynwood
Smith, Jr., on1/28/2008. (Entered: 01/28/2008)
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ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER
PROCEEDINGS - with appendices attached. Signed by Judge C
Lynwood Smith Jr on 1/28/2008. (Entered: 01/28/2008)
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SCHEDULING ORDER REGARDING CLASS ACTION CERTIFICATION ISSUE: Discovery
due by 7/1/2008; Plaintiff shall file any motion for class certification and by
8/1/2008; Defendant shall file opposition to the class certification motion by
9/2/2008; Plaintiff shall file reply response by 9/17/2008; Defendant shall file any
potentially dispositive motions by 8/1/2008; Plaintiff shall file opposition to such
motions by 9/2/2008; Defendant shall file reply response by 9/17/2008; as more
fully set out in order. Signed by Judge C Lynwood Smith Jr on 1/28/2008.
Modified on 1/28/2008 (Entered: 01/28/2008)
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NOTICE RE Uniform Initial Order Notice of Compliance and Request for Clarification
(Rives, Elisa) (Entered: 02/22/2008)
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ORDER on Request for Clarification, as more fully set out in order.
Signed by Judge C Lynwood Smith Jr on 2/25/2008. (Entered:
02/25/2008)
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MOTION for Joinder Solutia Inc. and Solutia Incorporated Employees' Pension Plan
(Attachments: # 1 Exhibit Distribution Agreement # 2 Exhibit Compensation
Allocation Agreement # 3 Exhibit Solutia News Release)(Rives, Elisa) (Entered:
03/06/2008)
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ORDER setting motion deadline for motion for Joinder. Defendants are ORDERED
to respond on or before March 14, 2008. Signed by Judge C Lynwood Smith Jr on
3/7/2008. (Entered: 03/07/2008)
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RESPONSE to Motion re 48 First MOTION for Joinder Solutia Inc. and
Solutia Incorporated Employees' Pension Plan filed by Monsanto Employee
Benefits Plan Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan. (James, Donald) (Entered: 03/13/2008)
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ORDER Plaintiffs' Motion for Joinder is GRANTED; Plaintiffs must file an amended
complaint naming all Defendants and alleging all facts and legal theories asserted
against each named Defendant by 4/18/2008, as more fully set out in order.
Signed by Judge C Lynwood Smith Jr on 4/9/2008. (Entered: 04/09/2008)
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***STRICKEN PER ORDER ISSUED ON 5/5/2008*** AMENDED COMPLAINT Second
Amended Complaint Adding Plaintiff Billy J. Wright and Defendants Solutia Inc.
and Solutia Inc. Employees' Pension Plan against all defendants (Rives, Elisa)
Modified on 5/5/2008. (Entered: 04/18/2008)
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Summons with Complaint, First Amended Complaint and Second Amended
Complaint Issued by the clerk and delivered via certified mail as to Solutia Inc.
Employees' Pension Plan. (Entered: 04/21/2008)
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Summons with Complaint, First Amended Complaint and Second Amended
Complaint Issued by the clerk and delivered via certified mail as to Solutia
Incorporated. (Entered: 04/21/2008)
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MOTION to Compel by Monsanto Employee Benefits Plan Committee,
Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Solutia Inc. Employees' Pension Plan, Solutia
Incorporated, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Madden, Darci) Modified on 4/22/2008 (AHI). (Entered:
04/22/2008)
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ORDER setting motion deadline for Motion to Compel. Plaintiffs are
ordered to respond to the motion on or before April 29, 2008. Signed by
Judge C Lynwood Smith Jr on 4/22/2008. (Entered: 04/22/2008)
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NOTICE Serving Secretary of Treasury and Secretary of Labor with Copy of
Complaint, First Amended Complaint, and Second Amended Complaint by Certified
Mail (Rives, Elisa) (Entered: 04/23/2008)
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MOTION for Extension of Time, MOTION to Strike Amended
Complaint, by Monsanto Employee Benefits Plan Committee, Monsanto
Company Employee Benefits Executive Committee, Pharmacia
Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Attachments: # 1 Exhibit 1 - E-mail
correspondence between counsel # 2 Exhibit 2 - Redlined Document)
(Madden, Darci) Modified on 4/23/2008 (Entered: 04/23/2008)
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ORDER setting motion deadline for 56 Motion to Strike and/or Motion for
Extension of Time. The deadline for defendants' response to the second
amended complaint is CONTINUED until further notice. Plaintiffs are ORDERED to
respond to the motion by April 29, 2008. Signed by Judge C Lynwood Smith Jr on
4/24/2008. (Entered:04/24/2008)
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SUMMONS Returned Executed for Solutia Inc. Employees' Pension Plan no
signature date given. Modified on 5/6/2008. (Entered:04/25/2008)
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SUMMONS Returned Executed for Solutia Incorporated no signature
date given. Modified on 5/6/2008 . (Entered: 04/25/2008)
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MOTION for Protective Order . (Attachments: # 1 Affidavit Elisa S. Rives) (Rives,
Elisa) (Entered: 04/29/2008)
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RESPONSE in Opposition MOTION for Extension of Time, MOTION to Strike
Amended Complaint, MOTION to Compel Defendants' Discovery and Deposition
Requests (Rives, Elisa) (Entered:04/29/2008)
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RESPONSE in Support of MOTION for Extension of Time, MOTION
to Strike Amended Complaint, filed by Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan. (Madden, Darci) (Entered:05/02/2008)
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RESPONSE in Support of MOTION to Compel filed by Monsanto Employee Benefits
Plan Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Madden, Darci) (Entered: 05/02/2008)
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ORDER Defendant's Motion to Strike is GRANTED, Plaintiffs are ORDERED to file an
amended complaint that does nothing more than add the two additional
defendants by 5/8/2008 as more fully set out in order. Signed by Judge C
Lynwood Smith Jr on 5/5/2008. (Entered: 05/05/08)
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Second Amended Complaint against Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Solutia Inc. Employees' Pension Plan, Solutia
Incorporated, Monsanto Company, Inc, Monsanto Company Salaried Employees'
Pension Plan. (Rives, Elisa) (Entered: 05/06/2008)
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RESPONSE in Opposition to Defendants MOTION for Extension of Time, MOTION to
Strike Amended Complaint, Reply/Response Defendants' Motion for Extension of
Time to Answer (Rives, Elisa) (Entered: 05/06/2008)
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MOTION to Seal Plaintiffs' Answers to Defendants' First Set of
Interrogatories. (Rives, Elisa) (Entered: 05/06/2008)
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Summons Issued by the clerk and delivered via certified mail as to
Solutia Incorporated. (Entered: 05/07/2008)
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Summons Issued by the clerk and delivered via certified mail as to Solutia Inc.
Employees' Pension Plan. (Entered: 05/07/2008)
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ORDER Second Amended Complaint. It appears that there may be some
confusion as to when the Monsanto and Pharmacia defendants must respond to
the Second Amended Complaint. For the record, the court expects a response
from these defendants no later than May 16, 2008. Signed by Judge C Lynwood
Smith Jr on 5/7/2008. (Entered:05/07/2008)
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Second MOTION to Compel Defendants' To Produce Discovery by Jacky T.
Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert H
Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Affidavit Elisa S.
Rives # 2 Exhibit One# 3 Exhibit Two# 4 Exhibit Three)(Rives, Elisa) Modified on
5/8/2008. (Entered: 05/08/2008)
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ORDER setting motion deadline for Plaintiffs' Second Motion to Compel.
Defendants are ORDERED to respond on or before May 15,2008. Signed by Judge
C Lynwood Smith Jr on 5/8/2008. (Entered: 05/08/2008)
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NOTICE by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman,
Fred D. Works, Billy J. Wright, Robert H Heptinstall, Wendell E Sims, James
L Collins re 55 Notice (Other), Notice (Other) Second Notice of Compliance
ERISA 502(h) (Rives, Elisa) (Entered: 05/09/2008)
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ORDER Plaintiffs' 59 Motion for Protective Order is GRANTED to the extent
that is seeks cancellation of the deposition notices identified in the motion and
is DENIED to the extent that it seeks relief from Defendants' written discovery
requests; Defendants' 54 Motion to Compel is GRANTED; Plaintiffs' 66
Motion to Seal is DENIED; Plaintiffs are ORDERED to respond to the
interrogatories and requests for production made the subject of Defendants'
Motion to Compel in the ordinary manner, without objections by 5/19/2008;
Counsel for Defendants is ORDERED to submit an affidavit containing an
accounting of time spend on drafting the Motion to Compel and response in
support thereof by 5/20/2008, as more fully set out in order. Signed by Judge C
Lynwood Smith Jr on 5/9/2008. (AHI) (Entered: 05/09/2008)
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RETURN OF SERVICE 55 Notice of Serving Secretary of Treasury and
Secretary of Labor with Copy of Complaint, First Amended Complaint, and
Second Amended Complaint by Certified Mail (AHI ) (Entered: 05/09/2008)
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RETURN OF SERVICE 55 Notice Serving Secretary of Treasury and
Secretary of Labor with Copy of Complaint, First Amended Complaint, and
Second Amended Complaint by Certified Mail (AHI) (Entered: 05/09/2008)
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SUMMONS Returned Executed Solutia Inc. Employees' Pension Plan served
on 5/9/2008, answer due 5/29/2008. (AHI) (Entered: 05/12/2008)
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SUMMONS Returned Executed Solutia Incorporated served on 5/9/2008,
answer due 5/29/2008. (AHI) (Entered: 05/12/2008)
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RESPONSE in Opposition re 69 Second MOTION to Compel Defendants' To
Produce Discovery filed by Monsanto Employee Benefits Plan Committee,
Monsanto Company Employee Benefits Executive Committee, Pharmacia
Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Attachments: # 1Exhibit 1 - Correspondence to
Counsel)(Madden, Darci) Modified on 5/14/2008 (AHI ). (Entered: 05/14/2008)
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ORDER setting motion deadline for 69 Plaintiffs' Second Motion to Compel.
Plaintiffs are ordered to file a reply to defendants' response on or before May
21, 2008. Signed by Judge C Lynwood Smith, Jr on 5/14/2008. (DJC) (Entered:
05/14/2008)
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NOTICE of Appearance by J David Moore on behalf of Solutia Inc.
Employees' Pension Plan, Solutia Incorporated (Moore, J) (Entered:
05/16/2008)
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MOTION for Leave to Appear Motion for Admission Pro Hac Vice of Neal F.
Perryman by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Moore, J) (Entered: 05/16/2008)
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MOTION for Leave to Appear Motion for Admission Pro Hac Vice of Robert
J. Golterman by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Moore, J) (Entered: 05/16/2008)
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MOTION for Leave to Appear Motion for Admission Pro Hac Vice of David
W. Gearhart by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Moore, J) (Entered: 05/16/2008)
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ORDER striking 78 Motion for Leave to Appear. The court having been
informed that this motion was mistakenly filed, it is ordered that the motion be
stricken. Signed by Judge C Lynwood Smith, Jr on 5/16/2008. (DJC) (Entered:
05/16/2008)
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MOTION to Dismiss Second Amended Complaint by Monsanto Employee
Benefits Plan Committee, Monsanto Company Employee Benefits Executive
Committee, Pharmacia Corporation, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan. (Madden, Darci) (Entered:
05/16/2008)
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RESPONSE in Support re 82 MOTION to Dismiss Second Amended Complaint
filed by Monsanto Employee Benefits Plan Committee, Monsanto Company
Employee Benefits Executive Committee, Pharmacia Corporation, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan.
(Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2, # 3 Exhibit B,
# 4 Exhibit C, # 5 Exhibit D - Part 1 of 3, # 6 Exhibit D - Part 2 of 3,
# 7 Exhibit D - Part 3 of 3)(Madden, Darci) Modified on 5/19/2008 (AHI).
(Entered: 05/16/2008)
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ORDER setting motion deadline for 82 Motion to Dismiss. Plaintiffs are
ordered to respond on or before June 9, 2008. Defendants shall file a reply on
or before June 19, 2008. Signed by Judge C Lynwood Smith, Jr on 5/19/2008.
(DJC) (Entered: 05/19/2008)
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RESPONSE to re 71 Court Order Dated May 9, 2008 Awarding Fees and
Expenses filed by Monsanto Employee Benefits Plan Committee, Monsanto
Company Employee Benefits Executive Committee, Pharmacia Corporation,
Monsanto Company, Inc, Monsanto Company Salaried Employees' Pension
Plan. (Attachments: # 1 Exhibit 1 - Declaration of Jeffrey S. Russell, # 2
Exhibit 2 - Declaration of Darci F. Madden)(Madden, Darci) (Entered:
05/20/2008)
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ORDER it is ORDERED that attorneys, Russell and Madden, have and recover
from attorney, Rives, the sum or amount of Four Hundred Sixty Eight Dollars
and Seventy-Five Cents ($468.75); Rives is ORDERED to remit the said
amount by 6/30/2008 and to simultaneously file proof of such payment with the
court, as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on
5/21/2008. (AHI) (Entered: 05/21/2008)
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First MOTION removal of plaintiff's personal identifying information from the
record by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred
D. Works, Billy J. Wright, Robert H Heptinstall, Wendell E Sims, James L
Collins. (Attachments: # 1 Exhibit A Notice of Personal Identifying
Information, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rives, Elisa) (Entered:
05/21/2008)
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NOTICE by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman,
Fred D. Works, Robert H Heptinstall, Wendell E Sims, James L Collins Of
Compliance ERISA 502(h) service on Secretaries of Labor and Treasury (Rives,
Elisa) (Entered:
05/21/2008)
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ORDER setting motion deadline for 86 Motion to Redact Personal Identifiers.
The court's policy is to place under seal any documents containing personal
identifiers such as Social Security numbers, financial account numbers, and the
like. Defendants are ordered to respond to plaintiff's motion as soon as possible,
and in no event later than May 27, 2008, indicating which exhibits contain such
information. Upon receipt of the response, the court will direct the clerk to place
the subject documents under seal. Signed by Judge C Lynwood Smith, Jr on
5/21/2008. (DJC) (Entered: 05/21/2008)
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REPLY to Response to 69 Second MOTION to Compel Defendants' To
Produce Discovery filed by Jacky T. Blackwell, Thomas F. Campbell, J.
Russell Newman, Fred D. Works, Billy J. Wright, Robert H Heptinstall,
Wendell E Sims, James L Collins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13
Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18
Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23
Exhibit W, # 24 Exhibit X)(Rives, Elisa) Modified on 5/21/2008 (AHI).
(Entered: 05/21/2008)
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MOTION for Extension of Time to Respond to Second Amended Complaint by
Solutia Inc. Employees' Pension Plan, Solutia Incorporated. (Moore, J) (Entered:
05/21/2008)
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ORDER granting in part and denying in part 89 Motion for Extension of Time The
Solutia defendants must file a responsive pleading or an appropriate motion on
or before June 5, 2008. Signed by Judge C Lynwood Smith, Jr on 5/22/2008. (DJC)
(Entered: 05/22/2008)
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RETURN OF SERVICE Regarding 87 Notice of Serving the Secretary of Treasury
and Secretary of Labor copies Of Compliance ERISA 502(h) (AHI) (Entered:
05/22/2008)
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NOTICE by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D.
Works, Robert H Heptinstall, Wendell E Sims, James L Collins Compliance Court's
Order of May 9, 2008 (Rives, Elisa) (Entered: 05/27/2008)
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REPLY to Court Order dated May 21, 2008 filed by Monsanto Employee Benefits
Plan Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Madden, Darci) (Entered: 05/27/2008)
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ORDER granting in part and denying in part 86 Motion for Redaction of Personal
Identifiers. Plaintiff's request for redaction is GRANTED, and the clerk is directed
to place under seal the documents identified by defendants as containing
personal identifiers. See doc. no. 92 (listing documents to be placed under seal).
Plaintiff's request for attorney's fees is DENIED at this time. However, defendants
are reminded that they are under a continuing duty to redact personal identifiers,
see Fed. R. Civ. P. 5.2, and any further breach of this duty will be dealt with
firmly.. Signed by Judge C Lynwood Smith, Jr on 5/28/2008. (DJC) (Entered:
05/28/2008)
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PHV Fee paid: ($ 150, receipt number 200 247140) for Neal F. Perryman, Robert J.
Golterman, and David W. Gearhart (AHI) (Entered: 06/04/2008)
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ORDER granting 79 Motion for Leave to Appear pro hac vice by Neal Perryman;
granting 80 Motion for Leave to Appear pro hac vice by Robert Golterman;
granting 81 Motion for Leave to Appear pro hac vice by David
Gearhart. Signed by Judge C Lynwood Smith, Jr on June 4, 2008. (ADS) (Entered:
06/04/2008)
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MOTION to Dismiss The Solutia Defendants' Motion to Dismiss Second Amended
Complaint by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Gearhart, David) (Entered: 06/05/2008)
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Brief re 93 MOTION to Dismiss The Solutia Defendants' Motion to Dismiss Second
Amended Complaint The Solutia Defendants' Memorandum In Support of Motion
to Dismiss Second Amended Complaint. (Gearhart, David) (Entered:
06/05/2008)
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MOTION for Leave to File, MOTION Plaintiffs' Motion to File Single Response to
Defendants' Collective Motions to Dismiss by Jacky T. Blackwell, Thomas F.
Campbell, J. Russell Newman, Fred D. Works, Robert H Heptinstall, Wendell E
Sims, James L Collins. (Rives, Elisa) (Entered: 06/06/2008)
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ORDER setting motion deadline for 93 Motion to Dismiss, and granting 95 Motion
for Leave to File Consolidated Response. Plaintiff shall respond to all motions to
dismiss on or before June 16, 2008. All defendants are allowed until June 26,
2008 to file replies. Signed by Judge C Lynwood Smith, Jr on
6/9/2008. (DJC) (Entered: 06/09/2008)
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RESPONSE in Opposition re 93 MOTION to Dismiss The Solutia Defendants' Motion
to Dismiss Second Amended Complaint, 82 MOTION to Dismiss Second Amended
Complaint filed by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman,
Fred D. Works, Robert H Heptinstall, Wendell E Sims, James L Collins.
(Attachments: # 1 Exhibit A Form 5500 1996, # 2 Exhibit B Form 5500 1998, # 3
Exhibit C Solutia 2005 Form 5500, # 4 Exhibit D Solutia 2006 Form 5500, # 5
Exhibit E Monsanto 2006 Form 5500, # 6 Exhibit F Notice PBGC, # 7 Exhibit H
Monsanto 2005 Form 5500, # 8 Exhibit I Pharmacia Monsanto Master Trust, # 9
Exhibit G 2002 Pharmacia Monsanto Master Trust Agreement)(Rives, Elisa)
(Entered: 06/13/2008)
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First MOTION Sanctions for Destruction of Evidence by Jacky T. Blackwell, Thomas
F. Campbell, J. Russell Newman, Fred D. Works, Robert H Heptinstall,
Wendell E Sims, James L Collins. (Attachments: # 1 Affidavit 1 James R Rives,
# 2 Affidavit 2 Elisa S Rives, # 3 Exhibit J Distribution List, # 4 Exhibit K
Compensation Agreement, # 5 Exhibit L Retention List, # 6 Exhibit M
Destruction Notice, # 7 Exhibit N Letter Solutia Counsel)(Rives, Elisa)
(Entered: 06/13/2008)
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NOTICE by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman,
Fred D. Works, Robert H Heptinstall, Wendell E Sims, James L Collins re 85
Order, Compliance with Court Ordered Sanctions (Rives, Elisa) (Entered:
06/13/2008)
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Second MOTION to Compel Defendants' Second Motion to Compel and
Request for the Sanction of Dismissal by Monsanto Employee Benefits Plan
Committee, Monsanto Company Employee Benefits Executive Committee,
Pharmacia Corporation, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Madden,
Darci) (Entered: 06/18/2008)
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RESPONSE in Support re 82 MOTION to Dismiss Second Amended Complaint
filed by Monsanto Employee Benefits Plan Committee, Monsanto Company
Employee Benefits Executive Committee, Pharmacia Corporation, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan.
(Madden, Darci) (Entered: 06/26/2008)
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Third MOTION to Compel Defendants to Produce Discovery by Jacky T.
Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert H
Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Affidavit Elisa
S. Rives, # 2 Exhibit A Plaintiffs' Second Set of Interrogatories, # 3 Exhibit B
Defendants' Response Plaintiffs' Second Set of Interrogatories, # 4 Exhibit C
Defendants' Production, # 5 Exhibit D Letter June 17, 2008)(Rives, Elisa)
(Entered: 06/26/2008)
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AMENDED DOCUMENT by Jacky T. Blackwell, Thomas F. Campbell, J. Russell
Newman, Fred D. Works, Robert H Heptinstall, Wendell E Sims, James L Collins.
Amendment to 101 Third MOTION to Compel Defendants to Produce Discovery
Exh. C. (Rives, Elisa) (Entered: 06/26/2008)
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MOTION to Strike R 101-5 Exhibit C by Jacky T. Blackwell, Thomas F. Campbell, J.
Russell Newman, Fred D. Works, Robert H Heptinstall, Wendell E Sims, James L
Collins. (Rives, Elisa) (Entered: 06/26/2008)
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RESPONSE in Support re 93 MOTION to Dismiss The Solutia Defendants'
Motion to Dismiss Second Amended Complaint The Solutia Defendants' Reply
in Support of Motion to Dismiss Second Amended Complaint filed by Solutia
Inc. Employees' Pension Plan, Solutia Incorporated. (Gearhart, David) (Entered:
06/26/2008)
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Supplemental MOTION to clarify Plaintiffs' Third Opposed Motion to Compel by
Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert
H Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Affidavit Elisa S.
Rives, # 2 Exhibit A)(Rives, Elisa) (Entered: 06/27/2008)
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MOTION to Compel Supplemental Filing to Plaintiffs' Second and Third motions by
Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert
H Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rives, Elisa) (Entered: 07/07/2008)
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ORDER setting motion deadline 97 Plaintiffs' First Motion for Sanctions for
Destruction of Evidence. Defendants shall file a written response to plaintiffs'
motion for sanctions on or before July 22, 2008. Plaintiffs may file a reply brief by
no later than July 29, 2008. Signed by Judge C. Lynwood Smith, Jr. on
7/15/2008. (ANG) (Entered: 07/15/2008)
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ORDER setting motion deadline 99 Defendants' Second Motion to Compel and
Request for the Sanction of Dismissal. Plaintiffs shall file a written response to
defendants' motion on or before July 22, 2008. Defendants may file a reply brief
by no later than July 29, 2008. Signed by Judge C. Lynwood Smith, Jr. on
7/11/2008. (ANG) (Entered: 07/15/2008)
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ORDER. All unexpired scheduling deadlines contained in this court's January 28,
2008 Scheduling Order Regarding Class Action Certification 45 are hereby stayed
pending the court's resolution of the parties' currently pending motions, which
have not yet been fully briefed by the parties. A revised scheduling order
will be entered as necessary following a ruling on the pending motions. Signed by
Judge C. Lynwood Smith, Jr. on 7/15/2008. (ANG) (Entered: 07/15/2008)
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RESPONSE to Motion re 106 MOTION to Compel Supplemental Filing to Plaintiffs'
Second and Third motions The Solutia Defendants' Response to Plaintiffs' Motion
for Sanctions filed by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gearhart, David) (Entered:
07/22/2008)
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RESPONSE in Opposition re 97 First MOTION Sanctions for Destruction of Evidence
filed by Monsanto Employee Benefits Plan Committee, Monsanto Company
Employee Benefits Executive Committee, Pharmacia Corporation, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan. (Madden,
Darci) (Entered: 07/22/2008)
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RESPONSE in Opposition re 99 Second MOTION to Compel Defendants' Second
Motion to Compel and Request for the Sanction of Dismissal filed by Jacky T.
Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert H
Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Exhibit A, # 2
Exhibit B Letter, # 3 Exhibit C Gilley Discovery Redacted) (Rives, Elisa) (Entered:
07/22/2008)
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RESPONSE in Support re 99 Second MOTION to Compel Defendants' Second
Motion to Compel and Request for the Sanction of Dismissal filed by Monsanto
Employee Benefits Plan Committee, Monsanto Company Employee Benefits
Executive Committee, Pharmacia Corporation, Monsanto Company, Inc,
Monsanto Company Salaried Employees' Pension Plan. (Madden, Darci) (Entered:
07/29/2008)
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REPLY to Response to Motion re 97 First MOTION Sanctions for Destruction of
Evidence filed by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred
D. Works, Robert H Heptinstall, Wendell E Sims, James L Collins. (Rives, Elisa)
(Entered: 07/29/2008)
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First MOTION to Continue Defendants' Motions To Dismiss Under Rule 56(f) by
Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert
H Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Affidavit, # 2
Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, #7 Exhibit, # 8 Exhibit,
# 9 Appendix)(Rives, Elisa) (Entered: 10/23/2008)
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Memorandum of Law In Support of Plaintiffs' Motion To Continue And Motion For
Discovery by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D.
Works, Robert H Heptinstall, Wendell E Sims, James L Collins. (Rives, Elisa)
Modified on 10/23/2008 (AHI). (Entered: 10/23/2008)
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Supplemental MOTION to Continue Supplemental Material in Support of Motion to
Continue by Jacky T. Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D.
Works, Robert H Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1
Supplement Burke v. Pitney Bowes, # 2 Supplement Oliver v. Coca-Cola, # 3
Exhibit A Defendants' Responses to Plaintiffs' Discovery Requests)(Rives, Elisa)
(Entered: 11/06/2008)
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Supplemental MOTION to Continue Plaintiffs' Revised Supplemental Material In
Support of Their Opposed Motion To Continue And For Discovery by Jacky T.
Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert H
Heptinstall, Wendell E Sims, James L Collins. (Attachments: # 1 Exhibit B) (Rives,
Elisa) Modified on 11/7/2008 (AHI). (Entered: 11/07/2008
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RESPONSE to Motion re 115 Supplemental MOTION to Continue Plaintiffs' Revised
Supplemental Material In Support of Their Opposed Motion To Continue And For
Discovery filed by Solutia Inc. Employees' Pension Plan, Solutia Incorporated.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit
5) (Gearhart, David) (Entered: 11/14/2008)
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REPLY to Response to Motion re 112 First MOTION to Continue Defendants'
Motions To Dismiss Under Rule 56(f)First MOTION to Continue Defendants'
Motions To Dismiss Under Rule 56(f) filed by Jacky T. Blackwell, Thomas F.
Campbell, J. Russell Newman, Fred D. Works, Robert H Heptinstall, Wendell E
Sims, James L Collins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit G-1, #9 Exhibit
G-2, # 10 Exhibit G-3, # 11 Exhibit G-4, # 12 Exhibit G-5, # 13
Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L)(Rives,Elisa)
(Entered: 11/21/2008)
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Plaintiffs’ Additional Supplemental Material Submitted for Consideration in Support
of Plaintiffs' Opposed Motion for Sanctions, Motion to Compel Discovery, and
Motion to Continue and in Opposition to Defendants' Motions to Dismiss (Rives,
Elisa) (Filed 01/20/2009)
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MEMORANDUM OPINION AND ORDER DISMISSING CASE,
Defendants' Motion to Dismiss is GRANTED; Plaintiffs' claims are
DISMISSED with prejudice; all remaining motions are DENIED, costs are
taxed as paid; as more fully set out in order. Signed by Judge C Lynwood
Smith, Jr on 5/15/2009. (AHI) (Entered: 05/15/2009)
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First MOTION to Amend/Correct 119 Memorandum Opinion,, Order
Dismissing Case, Motion for Judgment By Separate Document by Jacky T.
Blackwell, Thomas F. Campbell, J. Russell Newman, Fred D. Works, Robert
H Heptinstall, Wendell E Sims, James L Collins. (Rives, Elisa) (Entered:
05/19/2009)
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ORDER Plaintiffs' 120 Motion for Entry of Judgment in a "Separate
Document" is DENIED. Signed by Magistrate-Judge Harwell G Davis, III on
5/20/2009. (AHI ) (Entered: 05/20/2009)
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NOTICE OF APPEAL as to 37 Order on Motion to Compel,,, Order on
Motion to Amend/Correct,,, Order on Motion to Certify Class,,, Order on
Motion to Dismiss,, 85 Order, 119 Memorandum Opinion,, Order Dismissing
Case, 63 Order on Motion for Extension of Time,, Order on Motion to Strike,
36 Order on Motion for Preliminary Injunction, 71 Order on Motion to
Compel,,,, Order on Motion for Protective Order,,,, Order on Motion to Seal,,,
121 Order on Motion to Amend/Correct by Jacky T. Blackwell, Thomas F.
Campbell, J. Russell Newman, Fred D. Works, Billy J. Wright, Robert H
Heptinstall, Wendell E Sims, James L Collins. (Rives, Elisa) Modified on
5/20/2009 (AHI). (Entered: 05/20/2009)
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USCA Case Number 09-12665DD for 122 Notice of Appeal, filed by Robert
H Heptinstall, Billy J. Wright, James L Collins, Wendell E Sims, J. Russell
Newman, Fred D. Works, Thomas F. Campbell, Jacky T. Blackwell. (AHI )
(Entered: 05/27/2009)
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