Everett et al v. Air & Liquid Systems Corporation et al

Filing 298

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Eaton Corporations Motion for Ruling without further Briefing or Oral Argument on its Motion to Dismiss for Lack of Personal Jurisdiction, [Doc. No. 296], is granted. IT IS FURTHER ORDERED that Eaton Corporation is dismissed fromthis action. 296 Signed by District Judge Henry Edward Autrey on 6/29/17. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIE EVERETT, et al.,
Plaintiffs,
v.
AURORA PUMP COMPANY, et al.,
Defendants.

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CASE NO. 4:17CV230 HEA

OPIONION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant Eaton Corporation, as
successor-in-interest to Cutler-Hammer, Inc.’s Motion for Ruling without further
Briefing or Oral Argument on its Motion to Dismiss for Lack of Personal
Jurisdiction, [Doc. No. 296]. Plaintiff did not file a response to the Motion to
Dismiss. For the reasons set forth below, the Motions will be granted.
Background
Defendants removed this matter to federal court from the Circuit Court of
the City of St. Louis, Missouri, on January 19, 2017. According to the Petition,
Defendants maintain registered agents in the state of Missouri, and are engaged in
business in Missouri. Plaintiff Willie Everett is a resident of Missouri who was
exposed to and inhaled, ingested or otherwise absorbed asbestos fibers and/or

asbestiform fibers emanating from certain products he was working with and
around which were manufactured, sold, distributed or installed by Defendants.
Defendant moves to dismiss the action under Rule 12(b)(2) of the Federal
Rules of Civil Procedure for lack of personal jurisdiction. For the reasons set forth
in the Court’s June 27, 2017 Opinion, Memorandum and Order, Defendant’s
Motion to Dismiss for Lack of Personal Jurisdiction, [Doc. No. 295], motion is
well taken and will be granted.
Accordingly,
IT IS HEREBY ORDERED that Defendant Eaton Corporation’s Motion
for Ruling without further Briefing or Oral Argument on its Motion to Dismiss for
Lack of Personal Jurisdiction, [Doc. No. 296], is granted.
IT IS FURTHER ORDERED that Eaton Corporation is dismissed from
this action.
Dated this 29th day of June, 2017.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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