Mark Jon Rogers v Monsanto Company

Case Number

23CV00945

Case Type

Hearing Date / Time

Wed, 05/22/2024 - 10:00

Nature of Proceedings

Two Motions to appear as pro hac vice

Tentative Ruling

For Plaintiff: Gregory Rueb, Behram V Parekh, David Wool.

For Defendant: John K. Sherk, Alicia J. Donahue, Kara M. Flageollet, Jennifer E. Hackman, Jason M. Zager, Joshua Cools.

Analysis of the Two Motions

1. Motion to Appear Pro Hac Vice - filed 4/15/2024 – Defendant seeks an Order granting Jason M. Zager admission as counsel pro hac vice for Defendant Monsanto Company. This motion is unopposed by Plaintiff. This motion is made on the grounds that Mr. Zager was retained as counsel for Defendant to assist with its representation in this action. Given his extensive knowledge of the Roundup® Litigation, his active assistance is essential to Defendant’s representation in this action. This motion is based on this notice of unopposed motion and unopposed motion; the attached memorandum of points and authorities the attached declaration of John K. Sherk; the concurrently filed declaration of Mr. Zager; the papers, pleadings, and records on file herein and such additional evidence of written and oral arguments as may be presented at the hearing on this motion.

2. Motion to Appear Pro Hac Vice - filed 4/15/2024 – Defendant seeks an Order granting Jennifer E. Hackman admission as counsel pro hac vice for Defendant Monsanto Company. This motion is unopposed by Plaintiff. This motion is made on the grounds that Ms. Hackman was retained as counsel for Defendant to assist with its representation in this action. Given her extensive knowledge of the Roundup® Litigation, her active assistance is essential to Defendant’s representation in this action. This motion is based on this notice of unopposed motion and unopposed motion; the attached memorandum of points and authorities the attached declaration of John K. Sherk; the concurrently filed declaration of Ms. Hackman; the papers, pleadings, and records on file herein; and such additional evidence of written and oral arguments as may be presented at the hearing on this motion.

The Court’s Conclusions

The requests should be granted. California Rules of Court, Rule 9.40, sets forth the requirements for an out-of-state attorney to be permitted admission as counsel pro hac vice in a particular action. The verified declaration of Mr. Zager and Ms. Hackman satisfies all the requirements. The application and the declarations of Mr. Zager, Ms. Hackman and Mr. Sherk were served on all parties. In addition, the State Bar of California was provided with payment in the amount of $50.00 for each applicant.