Q. et al v. THE DOE RUN RESOURCES CORPORATION et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that individual Defendants' Joint Motion to Stay [Doc. No. 29] is GRANTED so as to stay further proceedings in this Court, including the filing of Defendants' answer or other responsive plea ding and Defendants' response to Plaintiffs' motion to remand, until after issuance of the Eighth Circuit's mandate in appeal No. 12-105. 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 District Judge Audrey G. Fleissig on 10/1/2012. (KSM)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SR. KATE REID, et al.,
THE DOE RUN RESOURCES
CORPORATION, et al.,
Case No. 4:12CV01345AGF
MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ Joint Motion to Stay. [Doc. No.
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 on
Jan. 6, 2012 and involving eleven consolidated appeals). The Eighth Circuit heard oral
argument on September 19, 2012. Defendants argue that the appeal “will likely control
this case” and similar lawsuits filed in state court and removed to this district, as the
appeal addresses whether those cases--which are similar to the instant case--are “related
to” an international arbitration, and therefore whether federal jurisdiction is conferred
under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9
U.S.C. §205 (“CREFAA”) and whether a stay of litigation is appropriate pending that
international arbitration. As such, the Eighth Circuit’s determination will likely impact
Plaintiffs’ pending motion to remand, as well.
Plaintiffs have not responded to Defendants’ Joint Motion to Stay, and the time to
do so has expired. Because the Court agrees that a resolution of the consolidated appeals
before the Eighth Circuit Court of Appeals could impact important issues related to
whether proceedings in this case should move forward in this Court, Defendants’ motion
to stay shall be granted.
IT IS HEREBY ORDERED that individual Defendants’ Joint Motion to Stay
[Doc. No. 29] 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. 12-105.
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.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of October, 2012.
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