Outokumpu Stainless USA, LLC v. Converteam SAS

Filing 57

ORDER ADOPTING 50 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss filed by Converteam SAS, 34 MOTION to Remand filed by AXA Corporate Solutions Assurance SA UK Branch, Sompo Japan Insurance Company of America, HDI Ger ling UK Branch, Tapiola General Mutual Insurance Company, MSI Corporate Capital Ltd, AIG Europe Limited, Royal & Sun Alliance PLC, Pohjola Insurance Limited, and 35 MOTION to Remand to State Court or, in the Alternative, Motion for Lea ve to Take Limited Discovery Regarding the Alleged "Agreement for Consortial Cooperation" and Incorporated Supporting Brief filed by Outokumpu Stainless USA, LLC. The Motions to Remand (34 & 35) are denied and the Motion to Dismiss (7) is denied. Signed by Judge Kristi K. DuBose on 12/22/2016. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
OUTOKUMPU STAINLESS USA,
LLC, et al.
Plaintiffs,
v.
CONVERTEAM SAS, a foreign
corporation now known as
GE ENERGY POWER CONVERSION
FRANCE SAS, CORP,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 16-0378-KD-C

ORDER
This action is before the Court on the Motion to Dismiss filed by Defendant GE
Energy Power Conversion France SAS, Corp. (doc 7), the Motion to Remand filed by
Sompo Japan Insurance Company of America, Pohjola Insurance Limited, AIG Europe
Limited, Tapiola General Mutual Insurance Company, AXA Corporate Solutions
Assurance SA UK Branch, HDI Gerling UK Branch, MSI Corporate Capital Ltd., and
Royal & Sun Alliance PLC (doc. 34), the Motion to Remand filed by Plaintiff
Outokumpu Stainless, USA (doc. 35), the parties’ responses and replies (docs. 38, 41,
42), the Report and Recommendation (doc. 50), and the parties’ objections and
responses to objections (docs. 51-56).
After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objections were
made, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B)
and dated November 22, 2016 (doc. 50) is ADOPTED as the opinion of this Court.

Accordingly, the Motions to Remand (docs. 34, 35) are DENIED and the Motion
to Dismiss (doc. 7) is DENIED.
DONE this 22nd day of December 2016.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

2