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This case was last updated from PACER on 06/01/2021 at 07:04:17 (UTC).

Denes v. Syngenta AG et al

Case Summary

On April 2, 2021, Russell Denes (“Plaintiff”) represented by Aimee Wagstaff of Andrus Wagstaff, PC filed a personal injury action against Defendants Syngenta AG (“SAG”) and Syngenta Crop Protection, LLC (“SCPLLC”) (collectively, “Syngenta Defendants”); Chevron U.S.A. Inc. (collectively, “Chevron Defendants”) seeking compensatory and punitive damages resulting from exposure to Paraquat manufactured, distributed, and sold by Defendants. This case was filed in the U.S. District Court for the Northern District of California with Judge Saundra Brown Armstrong presiding.

 

In its complaint, Plaintiff alleged that “Plaintiff worked in the agricultural business—initially working for a certified herbicide applicator and later working as a certified herbicide applicator—and in this capacity was exposed to Paraquat from the late 1970’s until approximately 2013. At all relevant times, it was reasonably foreseeable that Paraquat could enter the human body. Plaintiff Russel Denes suffers from Parkinson’s disease caused by his exposure to the herbicide Paraquat. The convergent lines of evidence (toxicology, animal experiments, and epidemiology) demonstrate that Paraquat exposure generally can cause Parkinson’s disease.”

 

Plaintiff has further alleged that “Plaintiff had no reason to suspect the diagnosis was connected to his past Paraquat exposure. Although Plaintiff knew that the Paraquat to which he was exposed was acutely toxic, he had no reason to suspect that chronic, low-dose exposure to Paraquat could cause neurological diseases such as Parkinson’s disease.” “Defendants’ tortious conduct, including their negligent acts and omissions in the research, testing, design, manufacture, marketing, and sale of Paraquat, caused Plaintiff’s injuries. At all relevant times, Defendants knew, or in the exercise of reasonable care should have known, that Paraquat was a highly toxic substance that can cause severe neurological injuries and impairment, and should have taken steps in their research, manufacture, and sale of Paraquat to ensure that people would not be harmed by foreseeable uses of Paraquat.”

 

There are five causes of action for relief laid down by the Plaintiff. The first count is for alleged strict products liability design defect; that is, the Paraquat the Defendants designed, manufactured, distributed, and sold did not perform as safely as an ordinary consumer would have expected it to perform when used in the intended or a reasonably foreseeable manner. The second count is for alleged strict products liability for failure to warn; that is, Defendants are also liable under a products liability theory based on their failure to adequately warn of the risks of Paraquat. The third count is for alleged negligence; that is, Defendants owed a duty to exercise ordinary care for the health and safety of the persons whom it was reasonably foreseeable could be exposed to Paraquat, including Plaintiff. The fourth count is for alleged breach of implied warranty of merchantability as the Defendants at all times held themselves out as having special knowledge or skill regarding Paraquat and other restricted-use pesticides. The fifth count is for the award of punitive damages. 

 

In its prayer for relief, the Plaintiff has requested the court to enter judgment in favour of Plaintiff and against Defendant for award actual or compensatory damages, exemplary and punitive damages sufficient to punish and deter the Defendants and others from future fraudulent practices along with other cost, pre-judgment and post-judgment interest and any other equitable relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-02416

  • Filing Date:

    04/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Saundra Brown Armstrong

 

Party Details

Plaintiff

Russell Denes

Defendants

Chevron U.S.A. Inc.

Syngenta Crop Protection, LLC

Syngenta AG

Attorney/Law Firm Details

Plaintiff Attorneys

Aimee Wagstaff

Attorney at Andrus Wagstaff, PC

7171 West Alaska Drive

Lakewood, CO 80226

Aimee H. Wagstaff

Attorney at Andrus Wagstaff, PC

7171 West Alaska Drive

Lakewood, CO 80226

Defendant Attorneys

Jason Levin

633 West Fifth Street, 19Th Floor

Los Angeles, CA 90071

Don Willenburg

Attorney at Gordon Rees Scully Mansukhani

1111 Broadway, Suite 1700

Oakland, CA 94607

 

Court Documents

#19

(#19) ORDER by Judge Saundra Brown Armstrong Granting #18 CONSENT MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S COMPLAINT ORDER THEREON.(amgS, COURT STAFF) (Filed on 5/13/2021) (Entered: 05/13/2021)

#18

(#18) MOTION for Extension of Time to File Response/Reply as to #1 Complaint filed by Syngenta Crop Protection, LLC. (Willenburg, Don) (Filed on 5/6/2021) (Entered: 05/06/2021)

#17

(#17) ORDER by Judge Saundra Brown Armstrong granting #14 Motion for Extension of Time to Answer. (sbalc3S, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

16 #1

Standing Order

#16

(#16) CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE : Joint Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 02:30 PM in Oakland, - Telephonic Only. Signed by Judge Saundra Brown Armstrong on 5/5/2021. (Attachments: #1 Standing Order)(amgS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

#15

(#15) Certificate of Interested Entities by Chevron U.S.A. Inc. identifying Corporate Parent Chevron Corporation for Chevron U.S.A. Inc.. (Levin, Jason) (Filed on 5/4/2021) (Entered: 05/04/2021)

14 #7

Proposed Order

14 #6

Exhibit

14 #5

Exhibit

14 #4

Exhibit

14 #3

Exhibit

14 #2

Exhibit

14 #1

Declaration

#14

(#14) MOTION for Extension of Time to File Answer re #1 Complaint filed by Chevron U.S.A. Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Levin, Jason) (Filed on 5/4/2021) (Entered: 05/04/2021)

#13

(#13) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 05/04/2021. (mbcS, COURT STAFF) (Filed on 5/4/2021) (Entered: 05/04/2021)

#11

(#11) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Russell Denes.. (Wagstaff, Aimee) (Filed on 5/3/2021) (Entered: 05/03/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15789765.). Filed byRussell Denes. (Attachments: #1 Civil Cover Sheet)(Wagstaff, Aimee) (Filed on 4/2/2021) (Entered: 04/02/2021)

17 More Documents Available
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Docket Entries

  • 05/13/2021
  • View Court Documents
  • Docket(#19) ORDER by Judge Saundra Brown Armstrong Granting #18 CONSENT MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S COMPLAINT ORDER THEREON.(amgS, COURT STAFF) (Filed on 5/13/2021) (Entered: 05/13/2021)

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  • 05/06/2021
  • View Court Documents
  • Docket(#18) MOTION for Extension of Time to File Response/Reply as to #1 Complaint filed by Syngenta Crop Protection, LLC. (Willenburg, Don) (Filed on 5/6/2021) (Entered: 05/06/2021)

    Read MoreRead Less
  • 05/05/2021
  • View Court Documents
  • Docket(#17) ORDER by Judge Saundra Brown Armstrong granting #14 Motion for Extension of Time to Answer. (sbalc3S, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

    Read MoreRead Less
  • 05/05/2021
  • View Court Documents
  • Docket(#16) CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE : Joint Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 02:30 PM in Oakland, - Telephonic Only. Signed by Judge Saundra Brown Armstrong on 5/5/2021. (Attachments: #1 Standing Order)(amgS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

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  • 05/04/2021
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  • Docket(#15) Certificate of Interested Entities by Chevron U.S.A. Inc. identifying Corporate Parent Chevron Corporation for Chevron U.S.A. Inc.. (Levin, Jason) (Filed on 5/4/2021) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#14) MOTION for Extension of Time to File Answer re #1 Complaint filed by Chevron U.S.A. Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Levin, Jason) (Filed on 5/4/2021) (Entered: 05/04/2021)

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  • 05/04/2021
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  • Docket(#13) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 05/04/2021. (mbcS, COURT STAFF) (Filed on 5/4/2021) (Entered: 05/04/2021)

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  • 05/03/2021
  • Docket(#12) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 5/3/2021) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#11) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Russell Denes.. (Wagstaff, Aimee) (Filed on 5/3/2021) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#10) SUMMONS Returned Executed by Russell Denes. Chevron U.S.A. Inc. served on 4/14/2021, answer due 5/5/2021. (Wagstaff, Aimee) (Filed on 5/3/2021) (Entered: 05/03/2021)

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  • 04/29/2021
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  • Docket(#9) SUMMONS Returned Executed by Russell Denes. Syngenta Crop Protection, LLC served on 4/15/2021, answer due 5/6/2021. (Wagstaff, Aimee) (Filed on 4/29/2021) (Entered: 04/29/2021)

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  • 04/21/2021
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  • Docket(#8) Summons Issued as to Chevron U.S.A. Inc.. (fabS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#7) CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/5/2021. (ejkS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#6) Proposed Summons. (Wagstaff, Aimee) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/06/2021
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  • Docket(#5) Summons Issued as to Chevron U.S.A. Inc., Syngenta AG, Syngenta Crop Protection, LLC. (fabS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)

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  • 04/05/2021
  • Docket(#3) Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2021. (mbcS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

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  • 04/02/2021
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  • Docket(#2) Proposed Summons. (Wagstaff, Aimee) (Filed on 4/2/2021) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15789765.). Filed byRussell Denes. (Attachments: #1 Civil Cover Sheet)(Wagstaff, Aimee) (Filed on 4/2/2021) (Entered: 04/02/2021)

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