REID et al v. THE DOE RUN RESOURCES CORPORATION et al
Filing
32
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that individual Defendants' motion to stay [Doc. 30 ] is GRANTED so as to stay further proceedings in this Court, including the filing of Defendants' answer or other responsive pleading an d Defendants' response to Plaintiffs' motion to remand, until after issuance of the Eighth Circuit's mandate in appeal no. 12-1065. IT IS FURTHER ORDERED that, within five days of the date the Eighth Circuit issues its mandate in appeal no. 12-1065, the parties shall notify this Court of the issuance of that mandate. Signed by Magistrate Judge Thomas C. Mummert, III on September 12, 2012. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KATE REID and MEGAN HEENEY, )
As Next Friends G.S.A.Y., et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
THE DOE RUN RESOURCES
)
CORPORATION, et al.,
)
)
Defendants.
)
Case number 4:12cv1342 TCM
MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ joint motion to stay [Doc. 30].
By this motion, Defendants seek a stay of this proceeding until the United States Court
of Appeals for the Eighth Circuit issues a mandate in a currently pending appeal, Sr. Kate
Reid, et al., v. Doe Run Resources Corp., et al., No. 12-1065 (8th Cir. filed Jan. 6, 2012).
Defendants report that appeal is scheduled for oral argument on September 19, 2012; and that
appeal may resolve an issue significant to the motion to remand now pending before the Court
in this case. Due to "[t]he uncertainty of jurisdiction pending the outcome of the Eighth
Circuit appeal," and the possibility that this proceeding may be either dismissed or stayed for
international arbitration due to the disposition of that appeal, the Court will grant Defendants'
joint motion for stay.
Accordingly,
IT IS HEREBY ORDERED that individual Defendants’ motion to stay [Doc. 30] is
GRANTED so as to stay further proceedings in this Court, including the filing of Defendants'
answer or other responsive pleading and Defendants' response to Plaintiffs' motion to remand,
until after issuance of the Eighth Circuit's mandate in appeal no. 12-1065.
IT IS FURTHER ORDERED that, within five days of the date the Eighth Circuit
issues its mandate in appeal no. 12-1065, the parties shall notify this Court of the issuance of
that mandate.
/s/ Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE
Dated this 12th day of September, 2012.
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