Sheller

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IN RE: ROUNDUP PRODUCTS MDL No. 2741

LIABILITY LITIGATION

Case No. 16-md-02741-VC

PRETRIAL ORDER NO. 211:

DENYING MOTION TO APPOINT

This document relates to:

INTERIM CLASS COUNSEL

Sheller v. Bayer AG, 19-cv-7972 Re: Dkt. No. 9771

Aaron Sheller, an Indiana farmer, moves to appoint Fegan Scott LLC as interim counsel for a putative class of all persons who used Roundup for agricultural or other commercial purposes in 16 States and the District of Columbia. Complaint ¶ 91. Although Sheller hasn’t been diagnosed with cancer, he contends that Monsanto and Bayer are liable in negligence for the costs of medical monitoring to combat the increased risk of cancer from Roundup exposure. ¶ 112. He seeks this relief on behalf of millions of absent class members. ¶ 93. A motion to appoint interim class counsel presents two distinct issues. The first is whether the proposed counsel will fairly and adequately present the interests of the class. Fed. R. Civ. P. 23(g)(1). Among other things, the Court must consider “the work counsel has done in identifying or investigating potential claims in the action” and “counsel’s…