Abner et al v. United States Pipe and Foundry Company, LLC et al

Filing 83

MEMORANDUM OPINION AND ORDER For the reasons set out within, the court GRANTS the 14 Motions for Judgment on the Pleadings and DISMISSES WITH PREJUDICE USP Holdings, Inc. from these 14 cases. Signed by Chief Judge Karon O Bowdre on 3/22/17. Associa ted Cases: 2:15-cv-02040-KOB, 2:15-cv-02045-KOB, 2:15-cv-02046-KOB, 2:15-cv-02047-KOB, 2:15-cv-02048-KOB, 2:15-cv-02049-KOB, 2:15-cv-02050-KOB, 2:15-cv-02051-KOB, 2:15-cv-02052-KOB, 2:15-cv-02054-KOB, 2:15-cv-02055-KOB, 2:15-cv-02056-KOB, 2:15-cv-02057-KOB, 2:17-cv-00136-KOB(SAC )

FILED
2017 Mar-22 AM 10:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIE ABNER, et al.,
Plaintiffs,
v.
UNITED STATES PIPE & FOUNDRY
COMPANY, LLC, et al.,
Defendants.

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2:15-cv-02040-KOB
This Document Relates to All Cases

MEMORANDUM OPINION AND ORDER
These 14 consolidated cases are before the court on Defendant USP Holdings, Inc.’s 14
identical Motions for Judgment on the Pleadings. (Doc. 6 in 2:15-cv-02040-KOB, Doc. 6 in
2:15-cv-02045-KOB, Doc. 3 in 2:15-cv-02046-KOB, Doc. 6 in 2:15-cv-02047-KOB, Doc. 6 in
2:15-cv-02048-KOB, Doc. 6 in 2:15-cv-02049-KOB, Doc. 6 in 2:15-cv-02050-KOB, Doc. 6 in
2:15-cv-02051-KOB, Doc. 6 in 2:15-cv-02052-KOB, Doc. 6 in 2:15-cv-02054-KOB, Doc. 6 in
2:15-cv-02055-KOB, Doc. 6 in 2:15-cv-02056-KOB, Doc. 6 in 2:15-cv-02057-KOB, Doc. 3 in
2:!7-cv-00136-KOB).
Pursuant to Federal Rule of Civil Procedure 12(c), USP Holdings moves for judgment on
the pleadings and requests that it be dismissed from these proceedings. Alabama law in force at
the time this suit was filed1 (1) provides that a member of a limited liability company may not be
made a party to proceedings against the company, except to enforce the member’s rights against
1

The two statutory provisions cited here were replaced as of January 1, 2017 by current
Alabama Code § 10A-5A-3.01, which provides: “A member of a limited liability company is not
liable, solely by reason of being a member, for a debt, obligation, or liability of the limited
liability company or a series thereof, whether arising in contract, tort, or otherwise or for the acts
or omissions of any other member, agent, or employee of the limited liability company or a series
thereof.”

or liability to the company (an exception inapplicable here), see ALA. CODE § 10A-5-2.07, and
(2) prohibits a member of a limited liability company from being liable for any debt, obligation,
or liability of the company unless the member’s own conduct makes it liable. See ALA. CODE §
10A-5-3.02. USP Holdings, the sole member of United States Pipe and Foundry Company, LLC,
argues that it is not a proper party to these proceedings against the LLC. Further, USP Holdings
submits that it cannot be liable to the Plaintiffs by virtue of its own conduct, as it was not
incorporated until 2012, after the close in 2010 of the plant alleged to be the source of the
contaminants at issue in these cases.
The court ordered Plaintiffs in the 13 originally consolidated cases to show cause in
writing on or before March 6, 2017 why the court should not grant the Motions in those cases
and dismiss USP Holdings from these proceedings. Plaintiffs filed no response. After
consolidating case 2:17-cv-00136-KOB with the previously consolidated 13 cases on March 14,
2017, the court gave the parties until March 21, 2017 to object to the court considering the
identical Motion for Judgment on the Pleadings in that case jointly with the first 13 Motions. The
parties did not object.
The court has considered the information submitted to it and finds that Alabama law
prevents USP Holdings, as a member of United States Pipe and Foundry Company, LLC, from
being made a party to proceedings against the LLC and from liability to Plaintiffs for any alleged
tort committed by the LLC. The court further finds that because it was not incorporated until
2012, USP Holdings cannot be liable to Plaintiffs by virtue of its own conduct. Accordingly, the
court GRANTS the 14 Motions for Judgment on the Pleadings and DISMISSES WITH
PREJUDICE USP Holdings, Inc. from these 14 cases.
2

DONE and ORDERED this 22nd day of March, 2017.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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