Court Approves Joint Motion for Partial Dismissal in American Plant Food/NeuAg Case

The Harris County District Court on Nov. 28 approved a joint motion by American Plant Food Corp. (APF), NeuAg LLC, Joe Newcomb, and Gregory Caldwell to dismiss with prejudice their claims and counterclaims against each other. The reason given was that all matters of fact and things of controversy have been fully and finally compromised and settled between them.

The Court noted, however, that the motion did not affect the claims and counterclaims between Plaintiff APF and Defendant BASF Corp. Settlement negotiations are believed to be continuing between those two parties. Opening arguments in the lawsuit were heard on Nov. 17 (GM Nov. 18, p. 30), and the trial proceeded until the motion to dismiss was filed on Nov. 28.