Olson v. Pharmacia LLC et al
Filing
35
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Plaintiffs Motion to Abate Hearing [ 30 ] is GRANTED and the oral argument scheduled for July 12, 2016 is CANCELLED. IT IS FURTHER ORDERED that this case is STAYED until further order of the Court. IT IS FURTHER ORDERED that the parties shall advise the Court of the status of the proceedings before the Eighth Circuit every ninety (90) days or at such time as they deem appropriate. IT IS FINALLY ORDERED that the Clerk of Court shall administratively close this case. Signed by District Judge John A. Ross on 7/8/16. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KATHLEEN R. OLSON,
Plaintiff,
v.
MONSANTO COMPANY, et al.,
Defendants.
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No. 4:16-CV-00512 JAR
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Abate Hearing on Her Motion for
Remand Pending Appellate Ruling in Related Case. (Doc. No. 30) Plaintiff requests the Court
stay proceedings in this action pending the Eighth Circuit’s decision in Bailey v. Monsanto Co.,
Appeal No. 16-2096 (8th Cir.). The motion is fully briefed and ready for disposition.
Plaintiff brings this personal injury action for damages resulting from her exposure to
polychlorinated biphenyls (“PCBs”) manufactured and sold by Defendants. Defendants removed
the case to this Court on April 13, 2016 based on federal enclave jurisdiction, diversity
jurisdiction, and federal officer removal, 28 U.S.C. § 1442(a)(1). (Doc. No. 1) Plaintiff’s motion
for remand (Doc. No. 16) is fully briefed and scheduled for oral argument on July 12, 2016.
In support of her motion to abate hearing, Plaintiff notes that on March 31, 2016, U.S.
District Judge Fleissig issued an order granting plaintiffs’ motion for remand in a similar PCB
case, Bailey v. Monsanto Co., ___ F. Supp. 3d ___, No. 4:15CV00844 AGF, 2016 WL 1258636
(E.D. Mo. Mar. 31, 2016). Bailey involves similar claims against the same defendants Plaintiff
has sued in this case. Bailey was removed on both diversity and federal officer grounds.
Defendants have appealed the ruling in Bailey to the Eighth Circuit. (See Bailey v. Monsanto
Co., Appeal No. 16-2096 (8th Cir.)). Plaintiff asserts that the Eighth Circuit’s disposition of the
Bailey appeal may provide guidance to this Court concerning its resolution of the federal officer
contention in this case and that postponement of the hearing on her motion to remand until such
time will promote judicial efficiency and reduce costs for the parties.
Plaintiff also notes that on June 29, 2016, U.S. Magistrate Judge Bodenhausen granted
plaintiffs’ motion for remand in another PCB case, Kelly v. Monsanto Co., ___ F. Supp. 3d ___,
No. _____, No. 4:15CV1825 JMB, 2016 WL 3543050 (E.D. Mo. June 29, 2016). This case also
involves claims by similar plaintiffs, seeking damages for similar injuries, against the same
defendants. Kelly was removed only on federal officer grounds. Plaintiff anticipates Defendants
will appeal this ruling as well.
Defendants oppose Plaintiff’s motion, arguing the Eighth Circuit’s decision in Bailey will
have no bearing on this Court’s evaluation of two of the three bases for federal jurisdiction
asserted herein, namely, federal enclave jurisdiction and diversity jurisdiction, and may not even
address the federal officer issues presented. Defendants urge the Court to go forward with the
hearing. (Doc. No. 32)
Clearly, meaningful progress on the merits of the instant case is doubtful until the
jurisdictional issues are resolved. While the Bailey and Kelly cases may not directly affect the
instant action, they will most certainly provide substantial guidance to this Court. For this reason,
and in the interests of judicial economy and efficiency, the Court will grant Plaintiff’s motion,
cancel the hearing on her motion to remand at this time, and stay this matter pending further
guidance by the Eighth Circuit in Bailey (and in Kelly, if appealed).
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Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Abate Hearing [30] is
GRANTED and the oral argument scheduled for July 12, 2016 is CANCELLED.
IT IS FURTHER ORDERED that this case is STAYED until further order of the
Court.
IT IS FURTHER ORDERED that the parties shall advise the Court of the status of the
proceedings before the Eighth Circuit every ninety (90) days or at such time as they deem
appropriate.
IT IS FINALLY ORDERED that the Clerk of Court shall administratively close this
case.
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 8th day of July, 2016.
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