West Wind Air LLC v. Thrush Aircraft Inc

Filing 45

ORDER denying #39 Motion for Reconsideration. Thrush's alternative request for certification of the jurisdictional question for interlocutory review is denied. The #41 Motion to stay deadlines and for an amended final scheduling order is denied. The Court has extended the parties' deadline to request pleading amendments, No. 43 . With that change, the current scheduling order stands. Signed by Judge D. P. Marshall Jr. on 7/7/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WEST WIND AIR LLC, dfb/a ChrisAir

v.

PLAINTIFF

No. 5:16-cv-274-DPM

THRUSH AIRCRAFT INC.

DEFENDANT
ORDER

1. Thrush's motion for reconsideration, NQ 39, is denied. In Bristol-

Myers Squibb, out-of-state defendant BMS didn't have to defend claims by
non-California residents in California.

Bristol-Myers Squibb Company v.

Superior Court of California, 137 S. Ct. 1773, 1781-82, 582 U.S.

_f _

(2017).

But the nonresident plaintiffs alleged no connections with California; there
was simply no link between their claims and the forum. Ibid. That decisive
fact is missing here. ChrisAir' s injury happened in Arkansas. No stream-ofcommerce issue was presented in Bristol-Myers Squibb. Unlike in that case,

this suit relates to Thrush's contacts with Arkansas for the reasons previously
explained. NQ 36. The Supreme Court's most recent general jurisdiction
analysis doesn't change the Court's conclusion in this specific jurisdiction
case, either. BNSF Railway Company v. Tyrrell, 137 S. Ct. 1549, 581 U.S. _
(2017).

Thrush's alternative request for certification of the jurisdictional
question for interlocutory review is denied. The question is important. But
the law's strong preference for one appeal at the end of the case outweighs
Thrush's interest in getting an answer from the Court of Appeals on
jurisdiction now. Microsoft Corp. v. Baker, 137 S. Ct. 1702, 1712-13, 582 U.S.
______./ -

(2017).
2. The motion to stay deadlines and for an amended final scheduling

order, Ng 41, is denied. The Court has extended the parties' deadline to
request pleading amendments.

Ng 43.

With that change, the current

scheduling order stands.
So Ordered.
I

D.P. Marshall Jr.
United States District Judge
7

-2-

Pb

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