This case was last updated from PACER on 06/08/2021 at 07:11:49 (UTC).

Mettetal v. Syngenta AG et al

Case Summary

On April 09, 2021, Lawrence Mettetal (“Plaintiff”), represented by Aimee Wagstaff of Andrus Wagstaff, PC, filed a personal injury lawsuit against Syngenta AG (“SAG”) and Syngenta Crop Protection, LLC (“SCPLLC”) (together with their predecessors-in-interest, referred to collectively as the “Syngenta Defendants”), seeking actual, compensatory, exemplary and punitive damages with pre and post – judgment interest for allegedly indulging in negligent acts and omissions in the research, testing, design, manufacture, marketing, and sale of Paraquat. This case was filed in the U.S. District Court for the Northern District of California with Judge Kandis A. Westmore presiding. 

 

In its complaint, the Plaintiff alleged that, “the plaintiff suffers from Parkinson’s disease caused by his exposure to the herbicide Paraquat. The Plaintiff worked in the agricultural business at an airport which regularly flew crop dusters containing Paraquat to be sprayed on local fields, and in this capacity was exposed to Paraquat from approximately 1967 until approximately 1978: (1) when it was mixed, loaded, applied, and/or cleaned; (2) as a result of spray drift (the movement of herbicide spray droplets from the target area to an area where herbicide application was not intended, typically by wind); and/or (3) as a result of contact with sprayed plants. At all relevant times, it was reasonably foreseeable that Paraquat could enter the human body: (1) through absorption or penetration of the skin, mucous membranes, and other epithelial tissues (including tissues of the mouth, nose and nasal passages, trachea, and conducting airways, particularly where cuts, abrasions, rashes, sores, or other tissue damage were present); (2) through the olfactory bulb; (3) through respiration into the lungs; and (4) through ingestion into the digestive tract of small droplets swallowed after entering the mouth, nose, or conducting airways”.

 

The Plaintiff further alleged that, “At all relevant times, it was reasonably foreseeable that Paraquat that entered a human body could induce the misfolding of the alpha synuclein protein. Paraquat is highly toxic to both plants and animals, creating oxidative stress that causes or contributes to cause the degeneration and death of plant or animal cells,” and “There is currently no cure for Parkinson’s disease; no treatment will stop or reverse its progression; and the treatments most commonly prescribed for its motor symptoms tend to become progressively less effective, and to increasingly cause unwelcome side effects, the longer they are used”.

 

There are five claims for relief laid down by the Plaintiff. The first claim is for an alleged strict products liability - design defect because Defendants are liable to Plaintiff under a products liability theory for marketing a defectively-designed product, as well as for allegedly failing to adequately warn of the risk of severe neurological injury caused by chronic, low-dose exposure to Paraquat. The second claim is for alleged strict products liability - failure to warn because of their failure to adequately warn of the risks of Paraquat. The third claim is for alleged negligence because the Plaintiff was exposed to Paraquat that Chevron U.S.A. Inc., the Syngenta Defendants, Does One through Sixty, and their corporate predecessors manufactured and sold. The fourth and fifth claims are for alleged breach of implied warranty of merchantability and alleged punitive damages respectively. 

 

In its prayer for relief, the Plaintiff has requested the court to award actual or compensatory damages, award exemplary and punitive damages with both pre- and post-judgment interest, costs including reasonable attorneys’ fees, court costs, and other litigation expenses, and any other relief the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-02595

  • Filing Date:

    04/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judges

Kandis A. Westmore

Phyllis J. Hamilton

 

Party Details

Plaintiff

Lawrence Mettetal

Defendants

Syngenta AG

Chevron U.S.A. Inc.

Syngenta Crop Protection, LLC

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

Kathryn M Forgie

Attorney at Andrus Wagstaff PC

6315 Ascot Drive

Oakland, CA 94611

David Jackson Wool

Attorney at Andrus Wagstaff, PC

7171 W. Alaska Dr.

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 #2

Proposed Order

19 #1

Declaration

#19

(#19) MOTION for Extension of Time to File Answer re #1 Complaint, filed by Chevron U.S.A. Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Levin, Jason) (Filed on 6/3/2021) (Entered: 06/03/2021)

#18

(#18) CONSENT MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE PLEAD TO PLAINTIFFS COMPLAINT AND ORDER by Judge Phyllis J. Hamilton granting #17 Motion for Extension of Time to File Answer. (kcS, COURT STAFF) (Filed on 5/7/2021) (Entered: 05/07/2021)

#17

(#17) 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)

#16

(#16) ORDER GRANTING MOTION TO EXTEND TIME FOR DEFENDANT CHEVRON U.S.A. INC. TO RESPOND TO THE COMPLAINT by Judge Phyllis J. Hamilton granting #12 Motion for Extension of Time to Answer. Responsive pleading due by 6/7/2021. (kcS, COURT STAFF) (Filed on 5/5/2021) Modified on 5/6/2021 (jlmS, COURT STAFF). (Entered: 05/05/2021)

12 #7

Proposed Order

12 #6

Exhibit

#12

(#12) 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)

#9

(#9) SUMMONS Returned Executed by Lawrence Mettetal. 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)

#8

(#8) SUMMONS Returned Executed by Lawrence Mettetal. 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)

#7

(#7) CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 5/11/2021. (dtmS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

#6

#Electronic filing error. NOTICE: Counsel is directed to file the previously issued summons as Unexecuted before a new summons can be issued. Counsel is also reminded the case numb er is 4:21-cv-2595 KAW [err102] This filing will not be processed by the clerks office. Re: #6 Proposed Summons filed by Lawrence Mettetal (bnsS, COURT STAFF) (Filed on 4/22/2021) (Entered: 04/22/2021)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM. (bnsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#4

(#4) Summons Issued as to Chevron U.S.A. Inc., Syngenta AG, Syngenta Crop Protection, LLC. (bnsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#2

(#2) Proposed Summons. (Wagstaff, Aimee) (Filed on 4/9/2021) (Entered: 04/09/2021)

1 #1

Civil Cover Sheet

#1

(#12) 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)

18 More Documents Available
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Docket Entries

  • 06/03/2021
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  • Docket(#19) MOTION for Extension of Time to File Answer re #1 Complaint, filed by Chevron U.S.A. Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Levin, Jason) (Filed on 6/3/2021) (Entered: 06/03/2021)

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  • 05/07/2021
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  • Docket(#18) CONSENT MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE PLEAD TO PLAINTIFFS COMPLAINT AND ORDER by Judge Phyllis J. Hamilton granting #17 Motion for Extension of Time to File Answer. (kcS, COURT STAFF) (Filed on 5/7/2021) (Entered: 05/07/2021)

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  • 05/06/2021
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  • Docket(#17) 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)

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  • 05/05/2021
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  • Docket(#16) ORDER GRANTING MOTION TO EXTEND TIME FOR DEFENDANT CHEVRON U.S.A. INC. TO RESPOND TO THE COMPLAINT by Judge Phyllis J. Hamilton granting #12 Motion for Extension of Time to Answer. Responsive pleading due by 6/7/2021. (kcS, COURT STAFF) (Filed on 5/5/2021) Modified on 5/6/2021 (jlmS, COURT STAFF). (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#15) ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/8/2021. Initial Case Management Conference set for 7/15/2021 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 5/5/2021. (kcS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#14) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 5/5/2021. (anjS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

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  • 05/04/2021
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  • Docket(#13) 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(#12) 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
  • Docket(#11) 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. (amgS, COURT STAFF) (Filed on 5/4/2021) (Entered: 05/04/2021)

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  • 05/03/2021
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  • Docket(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lawrence Mettetal.. (Wagstaff, Aimee) (Filed on 5/3/2021) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#9) SUMMONS Returned Executed by Lawrence Mettetal. 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(#8) SUMMONS Returned Executed by Lawrence Mettetal. 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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  • 04/27/2021
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  • Docket(#7) CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 5/11/2021. (dtmS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/22/2021
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  • Docket#Electronic filing error. NOTICE: Counsel is directed to file the previously issued summons as Unexecuted before a new summons can be issued. Counsel is also reminded the case numb er is 4:21-cv-2595 KAW [err102] This filing will not be processed by the clerks office. Re: #6 Proposed Summons filed by Lawrence Mettetal (bnsS, COURT STAFF) (Filed on 4/22/2021) (Entered: 04/22/2021)

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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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  • 04/12/2021
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  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM. (bnsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#4) Summons Issued as to Chevron U.S.A. Inc., Syngenta AG, Syngenta Crop Protection, LLC. (bnsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/09/2021
  • Docket(#3) Case assigned to Magistrate Judge Kandis A. Westmore. 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 4/23/2021. (mbcS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#2) Proposed Summons. (Wagstaff, Aimee) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#1) COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402, receipt number 0971-15818033.). Filed byLawrence Mettetal. (Attachments: #1 Civil Cover Sheet)(Wagstaff, Aimee) (Filed on 4/9/2021) Modified on 4/12/2021 (bnsS, COURT STAFF). (Entered: 04/09/2021)

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