Party Discovery: Stephens -v- Monsanto Company, et al Print

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            Joe G. Hollingsworth (appearance pro hac vice)
            Eric G. Lasker (appearance pro hac vice)



 AWN
            Martin C. Calhoun (appearance pro hac vice)
            HOLLINGSWORTHrLLP
            1350 I Street, N.W.
                                                                                      FILED
                                                                                  ALAMEDA COUNTY
            Washington, DC 20005
            Telephone:      (202) 898-5800
                                                                         -   -


                                                                                      Novz
                                                                                          mmm-   2020         .


            Facsimile:      (202) 682-1639
            jhollingsworth@hollingsworthllp.com                              CLERK 0F
            elasker@hollingsworthllp. com                                    By
            mcalhoun@hollingsworthllp. com                                                                   Deputy


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            Sandra A. Edwards (State Bar No. 154578)
            WINSTON & STRAWN LLP
            101 California Street, 34th Floor
            San Francisco,      CA 941 l 1-5840
            Telephone:          (415) 591-1000
            Facsimile:          (415) 591-1400
10          sedwards@winston.com

1‘1         Attomeysfor Defendant
            MONSANTO COMPANY
12


                                    SUPERIOR COURT OF THE STATE OF CALIFORNIA
13

14                                             FOR THE COUNTY OF ALAMEDA                                              <3Q
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15          COORDINATION PROCEEDING SPECIAL                                             VSB 21M                     80:11“?
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            TITLE (RULE         3.550)
16                                                                  ASSIGNED FOR ALL PURPOSES TO                       <\\    w
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            ROUNDUP PRODUCT CASES                                   JUDGE WINIFRED SMITH                               (9:;
17                                                                  DEPARTMENT 2|                                      (Tr:   fly
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.18         THIS    DOCUMENT RELATEs To;                            DEFENDANT MONSANTO COMPANY’ S
                                                                    SUPPLEMENTAL OPPOSITION TO
 19                         v. Monsanto Company, e!
            Donnetta Stephens                                       PLAINTIFF DONNETTA STEPHENS’
            al.         County of San Francisco, Case
                  (Super. Ct.                                       MOTION FOR TRIAL
20          No. CGC-20-585764)                      .               PREFERENCE
21

'22                                                                                       R-22] 13248
                                                                    Reservation ID:
                                                                    Hearing'Date:         December      9,   2020
23                                                                  Time:                 9:00   am
                                                                _
                                                                    Place:                Department 21.
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                  DEFENDANT MONSANTo Co.’s Supp. OPP. To PLAINTIFF DONNErrA STEPHENs’ MOTION FOR TRIAL PREFERENCE
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          I.         INTRODUCTION
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                     Despite an opportunity to suppiement her medicél records‘, Plaintiff Donnetta Stephens has


Awm       not met her burden of éstablishing that she            is   entitled to a preferential trial setting          under California


          Code of Civil Procedure (“CCP”)               § 36(a) in this coordinated proceeding.


                     First, Plaintiff‘s    supplemental records confirm that she was                 last treated for       her marginal zone


          B-cell     lymphoma (“MZL”) 14 months ago, and she has been                       in   complete remission since           at least

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          January 2020. While her supplemental brief claims Plainfiff‘s health has taken a “downward tum,”

          her records      show her      vertigo and neuropathy are chronic conditions that pre-datc her                      MZL
          diagnosis—indeed, her chronic benign vertigo dates back to                        at least    2013.   As   in her   motion,


l0        Plaintiff    lists   a   myriad of other medical conditions she has experienced                  in the last several years,      but


1]        they arc either unsupported by the medical records, resolved medical problems,                              common        to


12        individuals of advanced age, and/or effectively               managed by Plaintifi‘s physicians with medication                        or


13        monitoring. Her prognosis remains “very good,” and her                     MZL is “not at high risk of recurrence
14        within the next 120 days,” as set forth in ’the accompanying. supplemental declaration of Dr. Kenneth


15        Miller (“Supp. Miller Decl.”).


16                    Second, Plaintiff has failed to demonstrate that her individual interests outweigh the interests

17        of all other     parties    and the efficient management of this coordinated proceeding, which                          this Court’s


18        November         12,     2020 Order expressly confirmed may be considered. Given the current posture of this

l9         coordinated proceeding, Plaintiff cannot obtain               trial   preference without significantly impairing the


20         interests   of other      plaintiffs   and disrupting the centralized and efficient management required by                           CCP

21         §   404 and     the California Rulés       of Court for coordination 6f compléx actions                  (CRC    3.500   et seq.).



22H                   As’set forth in Monsarito’s original Opposition, if the parties are unable to reach a resolution
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23         fo’llowing the Court-ordered settlement process, Plaintiff can re-fil; the                       motion     at   a later date.


24         II.        ARGUMENT
25                    A.           Plaintiffs Supplementéd Medical Records Show No                        Wbrsening Conditions
                                   Reguiring Trial Preference to Prevent Prejudice.
26

27                     Monsanto's Opposition and supporting expert declaration explained that Plaintifi‘s medical

28         records do not support the conclusion that her health Will prevent her from meaningfully ‘

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                   DEFENDANT MON SANTO Co.’s SUPP. OPP. To      PLAINnFF DONNE'ITA STEPHENS’ MOTION FOR TRIAL PREFERENCE