I'm covering the first case management conference in the Roundup MDL since Bayer's proposed settlement was announced. Lots of attorneys are making appearances.
Judge Chhabria says cancer victims' attorneys have filed sealed letters that express concerns that Monsanto is going back on its Roundup settlement that it announced in June. The judge says he thinks they need to be unsealed, b/c they're "matters of significant public concern."
The judge says the letters also request that the MDL's 90-day stay be lifted, because none of the MDL litigation should occur "behind closed doors."
Special master Ken Feinberg says Monsanto's Roundup settlement has already been executing settlements, but not all 3 "buckets" of cancer victims have finalized settlements. The judge wants a breakdown of the 'bucket' numbers.
Bayer's counsel says roughly 667 cases, which have reached settlements in principle, are in the first bucket , but the two other buckets, containing 2200 and 780 cases, have not.
Judge Chhabria appears annoyed. "I put the litigation on hold, because I thought the settlements were done," he says, noting that 667 cases are only a fraction of the more than 4,000 cases in the MDL and "maybe there was no deal in the first place."
Bayer's counsel tells the judge that at this point "there are no final agreements" in the Roundup MDL and "frankly your honor it has become more complicated."
The only settlements that have been entered are by law firms @WeitzLuxenberg and the Miller Law Firm, but Bayer hasn't paid them in full. The attorney says it would resolve 18k cases across the country, including the 667 MDL cases in the first bucket.
Brent Weisner of @baumhedlund who represents the ~2200 cancer victims in the 2nd bucket says as of today Monsanto has "completely terminated" the settlement agreement by ending their term sheet settlement agreement earlier this month.
Weisner: "At this point it’s become clear to me that when I was told we had an agreement, either they.. didn’t have the authority to say that, or they reneged on it, either way there’s no agreement anymore. I would have never agreed to a stay of litigation."
Weisner: "I have clients who have cancer and they are dying and every time they die it fundamentally changes the nature of their case. I’m not angry. I just want to litigate. I want to get back at it."
Jennifer Moore of @MooreLawGroupKY says her firm and Aimee Wagstaff had entered a term sheet in March, but Monsanto hasn't signed the MSA. She says if she knew Bayer wouldn't sign it, she would have objected to @bayer's settlement announcement in June.
Correction: It's Brent **Wisner** of @baumhedlund. Duh! 🤦
Judge Chhabria is taking a ~10 minute break. Standby.
As we wait, friendly reminder that Bayer's stock jumped to over 20 per share on June 24 after it announced the purported settlement, which we are now learning may be a no go. 
Judge Chhabria came back and said he wouldn't lift the current 60-day litigation stay, but he also told the parties "don't even bother" asking for an extension of the stay in the future b/c he won't grant it. He set the next status conference for Sept. 24. Hearing's over.
