USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 1 of 8
`
`No. 21-10994
`
`
`UNITED STATES COURT OF APPEALS
`FOR THE ELEVENTH CIRCUIT
`
`JOHN CARSON
`Plaintiff-Appellant,
`
`v.
`
`MONSANTO COMPANY,
`Defendant-Appellee
`
`On Appeal from the United States District Court
`for the Southern District of Georgia,
`No. 4:17-cv-00237-RSB-CLR (Baker)
`
`
`MOTION FOR LEAVE TO FILE LETTER BRIEF
`
`R. Brent Wisner, Esq.
`BAUM HEDLUND ARISTEI
` & GOLDMAN, P.C.
`10940 Wilshire Blvd., 17th Floor
`Los Angeles, CA 90024
`Telephone: (310) 207-3233
`Facsimile: (310) 820-7444
`Email: rbwisner@baumhedlundlaw.com
`Counsel for Alva Pilliod and Alberta Pilliod
`
`
`David J. Wool, Esq.
`ANDRUS WAGSTAFF, PC
`7171 W. Alaska Dr.
`Lakewood, CO 80226
`Phone: 303-376-6360
`Fax: 303-376-6361
`Email: david.wool@andruswagstaff.com
`Counsel for Edwin Hardeman
`
`Jennifer A. Moore, Esq.
`MOORE LAW GROUP, PLLC
`1473 South 4th Street
`Louisville, KY 40208
`Telephone: (502) 717-4080
`Facsimile: (502) 717-4086
`Email: jennifer@moorelawgroup.com
`(Application for Admission Forthcoming)
`Counsel for Edwin Hardeman
`
`
`
`
`
`
`
`
`No. 21-10994
`
`
`UNITED STATES COURT OF APPEALS
`FOR THE ELEVENTH CIRCUIT
`
`JOHN CARSON
`Plaintiff-Appellant,
`
`v.
`
`MONSANTO COMPANY,
`Defendant-Appellee
`
`On Appeal from the United States District Court
`for the Southern District of Georgia,
`No. 4:17-cv-00237-RSB-CLR (Baker)
`
`
`MOTION FOR LEAVE TO FILE LETTER BRIEF
`
`R. Brent Wisner, Esq.
`BAUM HEDLUND ARISTEI
` & GOLDMAN, P.C.
`10940 Wilshire Blvd., 17th Floor
`Los Angeles, CA 90024
`Telephone: (310) 207-3233
`Facsimile: (310) 820-7444
`Email: rbwisner@baumhedlundlaw.com
`Counsel for Alva Pilliod and Alberta Pilliod
`
`
`David J. Wool, Esq.
`ANDRUS WAGSTAFF, PC
`7171 W. Alaska Dr.
`Lakewood, CO 80226
`Phone: 303-376-6360
`Fax: 303-376-6361
`Email: david.wool@andruswagstaff.com
`Counsel for Edwin Hardeman
`
`Jennifer A. Moore, Esq.
`MOORE LAW GROUP, PLLC
`1473 South 4th Street
`Louisville, KY 40208
`Telephone: (502) 717-4080
`Facsimile: (502) 717-4086
`Email: jennifer@moorelawgroup.com
`(Application for Admission Forthcoming)
`Counsel for Edwin Hardeman
`
`
`
`
`
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 2 of 8
`
`John Carson vs. Monsanto Co. Appeal No. 21-10994
`U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
`
`CERTIFICATE OF INTERESTED PERSONS
`AND CORPORATE DISCLOSURE STATEMENT (CIP)
`
`Pursuant to Federal Rules of Appellate Procedure 26.1 and 27 and Eleventh
`
`
`
`
`
`Circuit Rules 26.1-1, and 27-1(a)(9), undersigned counsel for Edwin Hardeman,
`
`Alva Pilliod, and Alberta Pilliod certifies that to their knowledge the following
`
`persons or entities not yet disclosed by the parties to this action may have an
`
`interest in the outcome of this appeal:
`
`1. Edwin Hardeman, who is a plaintiff with an appeal pending before the
`
`United States Court of Appeals for the Ninth Circuit where Appellee
`
`Monsanto Company is the Appellant;
`
`2. Alva Pilliod, who is a plaintiff with an appeal pending before the California
`
`Court of Appeals where Appellee Monsanto Company is the Appellant;
`
`3. Alberta Pilliod, who is a plaintiff with an appeal pending before the
`
`California Court of Appeals where Appellee Monsanto Company is the
`
`Appellant;
`
`4. David J. Wool, Counsel for Edwin Hardeman;
`
`5. R. Brent Wisner, Counsel for Alva Pilliod and Alberta Pilliod;
`
`6. Jennifer A. Moore, Counsel for Edwin Hardeman.
`
`Respectfully submitted,
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 3 of 8
`
`/s/ David Wool _
`David J. Wool, Esq.
`ANDRUS WAGSTAFF, PC
`7171 W. Alaska Dr.
`Lakewood, CO 80226
`Phone: 303-376-6360
`Fax: 303-376-6361
`Email: david.wool@andruswagstaff.com
`Counsel for Edwin Hardeman
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 4 of 8
`
`MOTION FOR LEAVE TO FILE LETTER BRIEF
`
`Edwin Hardeman, Alva Pilliod, and Alberta Pilliod, by counsel, move for
`
`
`
`
`leave to file the attached letter and accompanying declaration in Carson v.
`
`Monsanto Co., No. 21-10994.
`
`1. The issues raised in the attached letter brief and accompanying declaration
`
`address the “settlement” agreement between the Appellant and Appellee in
`
`Carson, which directly impacts the justiciability of this appeal. Indeed, as
`
`explained in the attached letter and accompanying declaration, the Carson
`
`appeal is being prosecuted in bad faith. The Appellee (Monsanto) is paying
`
`the Appellant (Carson) to appeal a decision that the Appellee already won in
`
`the District Court because the Appellee is hoping to secure favorable
`
`appellate precedent in this Court. This pay-to-appeal scheme is
`
`fundamentally improper and must be brought to the Court’s attention.
`
`2. Hardeman and the Pilliods have a strong interest in ensuring this appeal, to
`
`the extent it is even properly before this Court, is vigorously and legally
`
`litigated because they have their own appeals pending before the United
`
`States Court of Appeals for the Ninth Circuit (Hardeman) and California
`
`Court of Appeals (Pilliod) involving, in part, the same preemption issue that
`
`is at the heart of the “appeal” in Carson.
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 5 of 8
`
`3. Because there is no defined mechanism to notify the Court of these issues,
`
`this Motion for Leave is styled as a “Motion to Intervene,” in the CM/ECF
`
`system. However, neither Hardeman nor Pilliod seek to intervene in this
`
`matter; they merely seek leave to file the attached letter and declaration to
`
`provide the Court with information impacting the validity of the appeal.
`
`4. As explained in the accompanying letter, the Court should dismiss this
`
`appeal outright or, at the very least, investigate the underlying “settlement”
`
`agreement and any communications evidencing the same to ensure this
`
`appeal is justiciable and being litigated in good faith. However, should the
`
`Court entertain the Carson appeal on the merits, Hardeman and the Pilliods
`
`will seek leave of the Court to file an amicus brief on the merits.
`
`WHEREFORE, we respectfully request that this Court grant leave to file the
`
`attached letter brief and accompanying declaration.
`
`
`
`
`
`Dated: April 22, 2021
`
`/s/ David J. Wool _
`David J. Wool, Esq.
`david.wool@andruswagstaff.com
`ANDRUS WAGSTAFF, P.C.
`7171 West Alaska Drive
`Lakewood CO 80226
`Telephone: (303) 376-6360
`Facsimile: (303) 376-6361
`Counsel for Edwin Hardeman
`
`
`
`
`
`
`Respectfully Submitted,
`
`/s/R. Brent Wisner _
`R. Brent Wisner, Esq.
`rbwisner@baumhedlundlaw.com
`BAUM HEDLUND ARISTEI
` & GOLDMAN, P.C.
`10940 Wilshire Blvd., 17th Floor
`Los Angeles, CA 90024
`Telephone: (310) 207-3233
`Facsimile: (310) 820-7444
`Counsel for Alva Pilliod and Alberta
`Pilliod
`
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 6 of 8
`
`
`
`/s/ Jennifer A. Moore
`Jennifer A. Moore, Esq.
`jennifer@moorelawgroup.com
`MOORE LAW GROUP, PLLC
`1473 South 4th Street
`Louisville, KY 40208
`Telephone: (502) 717-4080
`Facsimile: (502) 717-4086
`(Application for Admission Forthcoming)
`Counsel for Edwin Hardeman
`
`
`
`
`
`
`
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 7 of 8
`
`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT,
`TYPEFACE REQUIREMENTS, AND TYPE-STYLE REQUIREMENTS
`
`Check the appropriate box in section 1, and check the box in section 2.
`
`1.
`
`✔
`(cid:1703)(cid:3)
`
`(cid:1703)(cid:3)
`
`2.
`
`✔
`(cid:1703)(cid:3)
`
`Type-Volume
`
`This document complies with the word limit of FRAP
`27(d)(2)(A)
`because, excluding the parts of the document exempted by FRAP 32(f) and
`, this document contains
`
`347
`
`or
`
`words.
`
`This brief complies with the line limit of FRAP
`[insert Rule citation]
`excluding the parts of the brief exempted by FRAP 32(f) and
`, this brief uses a monospaced
`[insert applicable Rule citation, if any]
`lines of text.
`typeface and contains
`[state the number of]
`
`because,
`
`Typeface and Type-Style
`
`This document complies with the typeface requirements of FRAP 32(a)(5) and the
`type-style requirements of FRAP 32(a)(6).
`
`David Wool
`(s)_____________________________
`Edwin Hardeman
`Attorney for ____________________
`4/22/2021
`Dated: _________________________
`
`Rev.: 12/16
`
`
`
`USCA11 Case: 21-10994 Date Filed: 04/22/2021 Page: 8 of 8
`
`Carson v. Monsanto Co., No. 21-10994
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies under penalty of perjury pursuant to 28
`
`
`
`U.S.C. § 1746 that on April 22, 2021, he filed the foregoing Motion by using the
`
`Court’s CM/ECF system, and that such filing effected service of the Motion for
`
`Leave on all counsel who are CM/ECF participants in this case.
`
`
`
`
`
`
`
`/s/ David Wool _
`David J. Wool, Esq.
`ANDRUS WAGSTAFF, PC
`7171 W. Alaska Dr.
`Lakewood, CO 80226
`Phone: 303-376-6360
`Fax: 303-376-6361
`Email: david.wool@andruswagstaff.com
`Counsel for Edwin Hardeman
`
`
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