Walker v. Monsanto Company Pension Plan

U. S. Court of Appeals for the Seventh Circuit

2004 WL 3112273

2006 WL 2802051

472 F.Supp.2d 1053

2007 U.S.Dist.LEXIS 63793

2007 U.S.Dist.LEXIS 67704

252 F.R.D. 450, 2008 U.S.Dist.LEXIS 80063

636 F.Supp.2d 785, 2009 U.S.Dist.LEXIS 100643

ORDER that Law Clerk Andrew Schlichter is isolated from working on the case at bar. Signed by Judge David R Herndon on 10/12/2005. (pab )

COMPLAINT against The Monsanto Company and The Monsanto Company Pension Plan ($150.00 filing fee received; receipt number 300 98165) filed by Grant Walker and Edward Zeringue. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit)(jmp) (Entered: 06/24/2004)

ORDER GRANTING 134 Defendants' Amended Motion to Consolidate Cases and thereby FINDING AS MOOT 123 Defendants' Motion to Consolidate Cases. See text of Order for specific instructions and briefing schedule. Signed by Judge David R Herndon on 9/1/20006. (seg)

Summons Issued as to Monsanto Company. (jmp) (Entered: 06/24/2004)

Summons Issued as to Monsanto Company Pension Plan. (jmp ) (Entered: 06/24/2004)

ORDER DENYING AS MOOT 109 Motion to Certify Class and 130 Motion for Hearing on Class Certification, in light of the consolidated class action complaint, which may lead to a different configuration of proposed classes. This Order also disposes o f several motions pending in the Davis and Hammond cases, pre-consolidation. Specifically, in Davis, No. 05-cv-736, the Court DENIES AS MOOT (18) Motion for Class Certification, DENIES (21) Motion to Dismiss for Failure to Join a Necessary and Indispensible Party, and DENIES (23) Motion to Dismiss for Failure to Exhaust Administrative Remedies. Further, in Hammond, No. 06-cv-139, the Court DENIES AS MOOT (53) Join Motion for Stay, DENIES (10) Motion to Dismiss for Failure to Exhaust Administrative Remedies and DENIES (12) Motion to Dismiss for Failure to Join a Necessary and Indispensible Party.Signed by Judge David R Herndon on 09/27/2006. (seg)

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

ORDER GRANTING 144 Motion to Stay Counts VII, VIII and IX of Plaintiffs' Consolidated Class Action Complaint. Signed by Judge David R Herndon on 10/25/2006. (seg)

ORDER GRANTING 173 Motion for Extension of Time. Defendants' Response to the 166 Motion for Class Certification shall be due by December 18, 2006. Plaintiffs' Reply shall be due by January 12, 2007. Signed by Judge David R Herndon on 12/04/2006. (seg)

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company Pension Plan, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

ORDER GRANTING 195 Pharmacia Defendants' Motion for Leave to File a Response to the Monsanto Brief on Class Certification. Brief shall be filed no later than five (5) days from the date of this Order. Signed by Judge David R Herndon on 02/21/2007. (seg)

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

NOTICE of Appearance by Louis F. Bonacorsi on behalf of Monsanto Company Pension Plan, The, Monsanto Company, The (Bonacorsi, Louis) (Entered: 07/14/2004)

ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Signed by Judge William D. Stiehl on 05/08/07. (jkb)

MOTION for Extension of Time to File Answer re 1 Complaint by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 07/14/2004)

MEMORANDUM AND OPINION denying 145 MOTION to Dismiss for Failure to Join a Necessary and Indispensable Party filed by Solutia Inc Employees' Pension Plan, denying 147 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Solutia Inc Employees' Pension Plan, denying 155 MOTION for Reconsideration re 152 Order on Motion to Certify Class, Order on Motion for Hearing Motion to Reconsider Order Regarding Indispensable Party Issue filed by Sol utia Inc Employees' Pension Plan and denying 149 MOTION to Dismiss For Failure to Join A Party Needed for Just Adjudication filed by Monsanto Company Pension Plan and The Monsanto Company. Signed by Judge J. Phil Gilbert on August 29, 2007. (vlm, )

ORDER granting 9 Motion for Extension of Time to Answer. Signed by Judge David R Herndon on 7/15/04. (klh) (Entered: 07/15/2004)

MEMORANDUM AND OPINION, Granting 224 Joint MOTION for Judgment on the Pleadings And/or To Dismiss Counts VII, VIII and IX filed by Solutia Inc Employees' Pension Plan. Counts VII, VIII and IX of the complaint are Dismissed with prejudice. Signed by Judge J. Phil Gilbert on 9/13/07. (bkl)

MEMORANDUM AND OPINION, Granting 284 Joint MOTION for Summary Judgment As To Counts I - III filed by Solutia Inc Employees' Pension Plan, Pharmacia and Upjohn Company, Monsanto Company Pension Plan, The, Pharmacia Corporation, Pfizer In c, Pharmacia Cash Balance Pension Plan, Monsanto Company, The; Denying in Part 285 MOTION for Summary Judgment filed by Juanita Hammond, Edward Zeringue, Grant Walker, Fred Donaldson, Richard W. Drake, Glynn Davis to the extent it seeks judgment on Counts I, II and III. Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 6/11/09. (bkl)

MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

MEMORANDUM AND OPINION, Denying 282 MOTION for Summary Judgment on Count X of the Consolidated Complaint filed by Monsanto Company Pension Plan, The, Monsanto Company, The; Granting in part 285 Motion for Summary Judgment to the extent it seeks judgment on Count X. Clerk of Court to enter judgment accordingly at the close of the case. Telephone Status Conference set for 8/13/2009 09:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Plaintiffs are responsible for placing the conference call. Signed by Judge J. Phil Gilbert on 6/11/09. (bkl)

MEMORANDUM in Support re 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

MOTION to Dismiss Monsanto Company by Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

CLERK'S JUDGMENT (JF/djs) on Counts I, II, & III entered in favor of defendants and against plaintiffs; Counts IV, V & VI are dismissed without prejudice; Counts VII, VIII & IX are dismissed with prejudice; that settlement in Count X defendants Monsanto Company Pension Plan and Monsanto Company shall pay compensation to Monsanto Defendants' Late Lump Sum Class & attorney's fees; Count X dismissed with prejudice. Approved by Judge J. Phil Gilbert on 9/29/09. (djs)

MEMORANDUM in Support re 13 MOTION to Dismiss Monsanto Company filed by Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

ORDER DISPOSING OF EXHIBITS. Signed by Judge J. Phil Gilbert on 9/30/2014. (lmm)

MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri by Monsanto Company Pension Plan, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

MEMORANDUM in Support re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Monsanto Company Pension Plan, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

MOTION to Dismiss for Failure to Join Necessary Parties by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Bonacorsi, Louis) Additional attachment(s) added on 8/16/2004 (dlr, ). (Entered: 08/13/2004)

MEMORANDUM in Support re 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking Exhibit C to 17 Motion to Dismiss, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 08/16/2004)

CJRA TRACK D assigned: Bench Trial set for presumptive month of April 2006 at 9:00 AM in East St. Louis Court House before Judge David R Herndon. (pab) (Entered: 08/23/2004)

NOTICE of Scheduling and Discovery Conference:Telephone Scheduling/Discovery Conference set for 9/22/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 08/24/2004)

MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies , 13 MOTION to Dismiss Monsanto Company , 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri , 17 MOTION to Dismiss for Failure to Join Necessary Parties by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/10/2004)

ORDER granting 23 Motion for Extension of Time to File Response/Reply. Responses due by 9/23/2004. Signed by Judge David R Herndon on 9/13/04. (klh, ) (Entered: 09/13/2004)

NOTICE of Appearance by Michael J. Nester on behalf of all defendants (Nester, Michael) (Entered: 09/13/2004)

Set/Reset Hearings: Scheduling Conference reset for 10/15/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 09/21/2004)

Second MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies , 13 MOTION to Dismiss Monsanto Company , 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri , 17 MOTION to Dismiss for Failure to Join Necessary Parties by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/22/2004)

ORDER granting 26 Motion for Extension of Time to File Response/Reply Responses due by 9/30/2004 . Signed by Judge David R Herndon on 9/23/04. (klh, ) (Entered: 09/23/2004)

MEMORANDUM in Opposition re 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

MEMORANDUM in Opposition re 13 MOTION to Dismiss Monsanto Company filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

MEMORANDUM in Opposition re 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri [Verified] by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

AFFIDAVIT re 31 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri [Verified] by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Caroline T. English for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 100292 (dlr ) (Entered: 10/06/2004)

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Carol C. Flowe for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 100292 (dlr ) (Entered: 10/06/2004)

ORDER granting in part 31 Motion for Extension of Time to File Response/Reply Responses due by 10/22/2004. Signed by Judge David R Herndon on 10/5/04. (klh, ) (Entered: 10/06/2004)

Set/Reset Hearings: Scheduling Conference reset for 11/12/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 10/08/2004)

ENTRY STRICKEN AS ORDERED BY COURT−MEMORANDUM in Support re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri Addendum filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Flowe, Carol) Modified on 10/12/2004 (dlr ). (Entered: 10/08/2004)

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 37 Memorandum in Support of Motion, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 10/12/2004)

SUPPLEMENT by Monsanto Company Pension Plan, The, Monsanto Company, The. Supplement to 15 Motion to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri Addendum . (Flowe, Carol) (Entered: 10/12/2004)

MOTION for Extension of Time to File Response/Reply as to 30 Memorandum in Opposition to Motion, 28 Memorandum in Opposition to Motion, 29 Memorandum in Opposition to Motion − Stipulated by Monsanto Company Pension Plan, The, Monsanto Company, The, Grant Walker, Edward Zeringue. (Flowe, Carol) (Entered: 10/15/2004)

ORDER granting 40 Motion for Extension of Time to File Response/Reply. Replies due by 10/22/2004. Signed by Judge David R Herndon on 10/18/04. (klh, ) (Entered: 10/18/2004)

REPLY to 30 Memorandum in Opposition to 11 Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Flowe, Carol) Modified on 10/25/2004 (dlr ). (Entered: 10/22/2004)

REPLY to memorandum in opposition to 17 28 Motion to Dismiss, in Support of Motion To Dismiss For Failure To Join Necessary Parties filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Affidavit of Caroline Turner English)(Flowe, Carol) Additional attachment(s) added on 10/22/2004 (myz, ). Modified on 10/25/2004 (dlr ). (Entered: 10/22/2004)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 10/22/2004)

ORDER granting 44 Motion for Extension of Time to File Response/Reply. Replies due by 10/29/2004.Signed by Judge David R Herndon on 10/22/04. (klh, ) (Entered: 10/22/2004)

NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Response, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (myz ) (Entered: 10/22/2004)

NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Response, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 10/25/2004)

AMENDED COMPLAINT against all defendants, filed by Grant Walker, Edward Zeringue.(Marker, Michael) (Entered: 10/27/2004)

NOTICE by Grant Walker, Edward Zeringue NOTICE OF WITHDRAWAL (Girard, Daniel) (Entered: 10/27/2004)

MEMORANDUM in Opposition re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6)(Marker, Michael) (Entered: 10/29/2004)

ORDER DENYING AS MOOT 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company, The, Monsanto Company Pension Plan, The, 13 MOTION to Dismiss Monsanto Company filed by Monsanto Company, The, 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Monsanto Company Pension Plan, The, 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Monsanto Company, The, Monsanto Company Pension Plan, The.. Signed by Judge David R Herndon on 10/29/04. (klh, ) (Entered: 10/29/2004)

Set/Reset Hearings: Telephone Scheduling Conference set for 11/12/2004 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Counsel for plaitiff shall initiate the conference call. The telephone number for chambers is 618−482−9106. (amv) (Entered: 11/02/2004)

MOTION for Extension of Time to File Response/Reply as to 49 Amended Complaint by Monsanto Company Pension Plan, The, Monsanto Company, The. (Flowe, Carol) (Entered: 11/04/2004)

ORDER granting 54 Motion for Extension of Time to File Response/Reply. Responses due by 12/3/2004. Signed by Judge David R Herndon on 11/4/04. (klh, ) (Entered: 11/04/2004)

Minute Entry for proceedings held before Judge Clifford J. Proud : Telephone Scheduling and Discovery Conference set 11/12/04 is canceled. The parties have submitted a joint report. (Court Reporter n/a.) (amv) (Entered: 11/10/2004)

SCHEDULING AND DISCOVERY ORDER Discovery due by 12/7/2005. Dispositive Motions due by 12/22/2005. Telephone Status Conference set for 2/14/2005 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 11/15/04. (Attachments: # 1 Joint Report)(amv) Modified on 1/14/2005 (dmw). (Entered: 11/16/2004)

MOTION to Dismiss For Failure to Exhaust Administrative Remedies by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (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)(Flowe, Carol) (Entered: 12/03/2004)

MOTION for Summary Judgment On Plaintiff James Mueller's Claim by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Flowe, Carol) Modified on 12/7/2004 (dlr ). Manually filed Exhibit C received in Clerk's Office on 12/7/04. (Entered: 12/03/2004)

MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Flowe, Carol) (Entered: 12/03/2004)

MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Exhibit Exhibit A)(Flowe, Carol) (Entered: 12/03/2004)

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 Motion to Change Venue filed by Monsanto Company, The,, Monsanto Company Pension Plan, The,. See attached document for specifics (dlr ) (Entered: 12/06/2004)

MOTION for Extension of Time to File Response/Reply as to 62 MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support [Unopposed] by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 12/16/2004)

ORDER granting 64 Motion for Extension of Time to File Response/Reply Responses due by 1/7/2005. Signed by Judge David R Herndon on 12/17/04. (klh, ) (Entered: 12/17/2004)

MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies , 59 MOTION for Summary Judgment On Plaintiff James Mueller's Claim , 60 MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 12/29/2004)

ORDER granting 66 Motion for Extension of Time to File Response/Reply Responses due by 1/17/2005. Signed by Judge David R Herndon on 12/29/04. (klh, ) (Entered: 12/29/2004)

MEMORANDUM in Opposition re 62 MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support filed by James E Mueller, Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Group 1)(Marker, Michael) (Entered: 01/07/2005)

NOTICE of Hearing: Status Conference set for 2/14/2005 09:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (NOTE: This setting was originally inadvertently entered in system as 2/15/05)(dmw) (Entered: 01/14/2005)

RESPONSE in Opposition re 59 MOTION for Summary Judgment On Plaintiff James Mueller's Claim filed by James E Mueller. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Exhibit Exhibit 7)(Marker, Michael) (Entered: 01/18/2005)

RESPONSE in Opposition re 60 MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication filed by James E Mueller, Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Marker, Michael) (Entered: 01/18/2005)

RESPONSE in Opposition re 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 01/18/2005)

AFFIDAVIT re 70 Response in Opposition to Motion,, 71 Response in Opposition to Motion, by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 01/18/2005)

Joint MOTION for Order to Compromising Defendants' Motion To Dismiss For Failure to Join Parties Needed For Just Adjudication by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Proposed Order −− stricken and deleted # 2 Certificate of Service)(English, Caroline) Additional attachment added and text modified on 2/10/2005 (car). (Entered: 02/04/2005)

ORDER granting 75 Motion to Withdraw and withdrawing 59 Motion for Summary Judgment. Defendants' motion for summary judgment is withdrawn, without prejudice to Defendants' right to re−file the motion at a later date. Signed by Judge David R Herndon on 2/8/05. (klh, ) (Entered: 02/08/2005)

ORDER finding as moot 60 Motion to Dismiss, granting 74 Motion for Order. Signed by Judge David R Herndon on 2/09/05. (klh,) (Entered: 02/09/2005)

NOTICE OF ERRORS AND/OR DEFICIENCIES re 74 Motion for Order, filed by Monsanto Company, The, Monsanto Company Pension Plan, The, 75 Motion to Withdraw filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (car) (Entered: 02/10/2005)

NOTICE: On February 23, 2005, the Court received two proposed orders via email. To ensure that the record is clear, the parties shall file motions seeking the relief requested. (klh) (Entered: 02/23/2005)

Joint MOTION for Protective Order by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 02/24/2005)

Joint MOTION to Stay re 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 02/24/2005)

ORDER finding as moot 58 Motion to Dismiss, granting 81 Motion to Stay. Signed by Judge David R Herndon on 2/25/05. (klh, ) (Entered: 02/25/2005)

NOTICE by Monsanto Company Pension Plan, The, Monsanto Company, The Notice of Withdrawal of Counsel (Flowe, Carol) (Entered: 02/25/2005)

ORDER granting 80 Motion for Protective Order. Signed by Judge David R Herndon on 2/25/05. (klh, ) (Entered: 02/25/2005)

NOTICE by Monsanto Company Pension Plan, The, Monsanto Company, The of filing Notice of Withdrawal (Bonacorsi, Louis) (Entered: 03/02/2005)

ORDER denying 62 Motion to Change Venue. Signed by Judge David R Herndon on 3/14/05. (klh, ) (Entered: 03/14/2005)

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Gretchen Dixon for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 103733 (trb, ) (Entered: 03/22/2005)

MOTION to Withdraw as Attorney by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 09/27/2005)

Order: The Court GRANTS 88 MOTION to Withdraw as Attorney filed by Grant Walker, Edward Zeringue, James E Mueller. Attorney Matthew H. Armstrong terminated. Signed by Judge David R Herndon on 9/27/05. (klh) (Entered: 09/27/2005)

MOTION to Withdraw as counsel by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/27/2005)

NOTICE of Appearance by Michael B. Marker on behalf of all plaintiffs (Marker, Michael) (Entered: 09/27/2005)