B&L Farms Partnership et al v. Monsanto Company et al

Filing 41

ORDER granting 8 Motion to transfer. This case is transferred immediately to the United States District Court for the Eastern District of Missouri. Signed by Judge D. P. Marshall Jr. on 9/15/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
B&L FARMS PARTNERSHIP et al.

v.

PLAINTIFFS

No. 2:17-cv-122-DPM

MONSANTO COMPANY
and BASF CORPORATION

DEFENDANTS
ORDER

For the reasons stated on the record at the end of the 5 September
2017 hearing, Monsanto's motion to transfer, NQ 8, is granted. The
forum-selection provision in the parties' agreements is plain and clear.
It's reasonable, not unconscionable. The non-signatory applicator's
claims are carried to the other forum with his co-plaintiffs' claims. This
case is transferred now1 to the United States District Court for the
Eastern District of Missouri.
So Ordered.

The transfer is immediate. This Court and the receiving court are
both in the Eighth Circuit, so no complications will arise in any appeal.
In re Nine Mile Limited, 673 F.2d 242 (8th Cir. 1982). Plus, this case has
pending motions that need attention.
1