Wayne Charles Oken v. The Monsanto Co.

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ____________ FILED U.S. COURT OF APPEALS No. 02-15943 ELEVENTH CIRCUIT AUGUST 12, 2005 THOMAS K. KAHN _____________ CLERK

D.C. Docket No. 01-07360 CV-WPD

WAYNE CHARLES OKEN,

Plaintiff-Appellant,

versus

THE MONSANTO COMPANY, THE SOLARIS GROUP, SCOTTS COMPANY, successor in interest to Monsanto Company and the Solaris Group, DOW AGROSCIENCES, LLC, DOW AGROSCIENCES, as successor in interest to DowElanco, DOWELANCO, as successor in interest to Dow Chemical Company, et al.,

Defendants-Appellees. ______________

Appeal from the United States District Court for the Southern District of Florida _____________

(August 12, 2005)

On Remand from the Supreme Court of the United States.

Before TJOFLAT and CARNES, Circuit Judges, and CONWAY*, District Judge. PER CURIAM:

The Supreme Court of the United States vacated the judgement of this court, 317 F.3d 1312, and remanded “for further consideration in light of Bates v. Dow Agrosciences LLC, 544 U.S. ___, 125 S. Ct. 1788, ___ L. Ed. 2d ___ (2005).” 544 U.S. ___, 125 S. Ct. 1968, ___ L. Ed. 2d ___ (2005). Pursuant to this order, we remand this case to the district court for further consideration in light of Bates.

* Honorable Anne C. Conway, United States District Judge for the Middle District of Florida, sitting by designation.