3:21-md-03004•In Re: Paraquat Products Liability Litigation v. Syngenta Crop Protection, LLC et al
In Re: Paraquat Products Liability Litigation v. Syngenta Crop Protection, LLC et al
3:21-md-03004IlsdMar 18, 2026
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS In re: PARAQUAT PRODUCTS LIABILITY LITIGATION This Document Relates to All Cases Case No. 3:21-md-3004-NJR MDL No. 3004 SPECIAL MASTER’S REPORT AND RECOMMENDATION REGARDING OVERDUE PLAINTIFF ASSESSMENT QUESTIONNAIRES Pursuant to Case Management Order No. 10 (“CMO 10”), a Plaintiff is required to serve upon Defendants a Plaintiff Assessment Questionnaire (“PAQ”) within 30 days after a complaint has been entered on the docket (CMO 10, § III(2)). If a Plaintiff fails to do so without good cause shown, including after the opportunities to cure set forth in CMO 10, the Plaintiff’s claim shall be dismissed (Id., § VI(3)). Specifically, CMO 10 states that if a Plaintiff or Representative (specifically, an individual possessing authority to act on behalf of Plaintiff) fails to timely serve a PAQ, Defendants may serve on Plaintiff a Notice of Overdue PAQ. Id., § VI(1). If a Plaintiff or Representative fails to serve upon Defendants a PAQ within 30 days after receiving a Notice of Overdue PAQ, Defendants may seek review of that case by the Special Master for dismissal for failure to comply with CMO 10. Id., § VI(2). At that time, Plaintiff must within 10 days submit a PAQ or file an opposition demonstrating good cause and justified cause for failure to comply with CMO 10. Id. If the Special Master finds that Plaintiff has failed to submit a PAQ within 10 days or demonstrate good cause and justified cause for failing to submit a PAQ, the Special Master shall provide a Report and Recommendation to the Court. Id., § VI(3). Thereafter, the Court may dismiss Plaintiff’s complaint. Id. Case 3:21-md-03004-NJR Document 5796 Filed 03/18/26 Page 1 of 2 Page ID #<pageID>
2 Defendants have submitted 10 cases to the Special Master for review to be dismissed for failure to serve a PAQ, including after multiple opportunities to cure as required by CMO 10. Those cases are identified in Exhibit A. Each Plaintiff identified in Exhibit A has failed to timely serve a PAQ upon Defendants within 30 days as required by CMO 10. As noted in Exhibit A, in each of these cases, Defendants served Plaintiff with a Notice of Overdue PAQ. While not required to do so by CMO 10, after Plaintiff failed to respond to the first Notice within 30 days, Defendants served a Second Notice of Overdue PAQ in an effort to avoid Court intervention. Despite these efforts, none of the Plaintiffs or their Representatives identified in Exhibit A has served a PAQ, nor has any Plaintiff in Exhibit A demonstrated good cause or justified cause for failing to timely submit a PAQ. Accordingly, the Special Master recommends that the Court set a hearing to show cause as to why the matters identified in Exhibit A should not be dismissed with prejudice. DATED: March 18, 2026 s/ Randi S. Ellis Randi S. Ellis Court-Appointed Special Master Case 3:21-md-03004-NJR Document 5796 Filed 03/18/26 Page 2 of 2 Page ID #<pageID>
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