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Date: 07-18-2020
Case Style:
Case Number: 2:19-cv-00087-DDN
Judge: David D. Noce
Court: United States District Court for the Eastern District of Missouri (Marion County)
Plaintiff's Attorney:
Defendant's Attorney: Brandon P. Mueller and Kathryn Lynn Modeer
Description: Hannibal, MO - Michael Slaton sued Climax Molybdenum Company n a personal injury negligence theory claiming to have been injured and/or damaged as a direct result of the negligence of Defendant's employees.
This case was filed in the Circuit Court, Marion County, Missouri, 19MR-CV01639, and was removed to federal court by the Defendant.
06/03/2020 33 ORDER REGARDING MOTION FOR PROTECTIVE ORDER - IT IS HEREBY ORDERED that the motion of defendant Climax Molybdenum Company for a protective order (Doc. 31 ) is sustained as follows: Exhibit 1-B (Doc. 25 -3) to Plaintiff's Supplemental Memorandum in Opposition to defendant's motion to dismiss may be provisionally filed by defendant separately under seal, subject to a determination by the Court that it should remain under seal. This is consistent with the usual procedure of the Court for the parties seeking to file materials under seal, described below. (See order for full details.). Signed by Magistrate Judge David D. Noce on 6/3/20. (KJS) (Entered: 06/03/2020)
06/09/2020 34 ORDER - IT IS HEREBY ORDERED that the motion of defendant for leave to supplement defendant's reply (Doc. 28 ) is sustained. Signed by Magistrate Judge David D. Noce on 6/9/2020. (JMP) (Entered: 06/09/2020)
06/16/2020 35 Docket Text ORDER: IT IS HEREBY ORDERED that the Motion Hearing set for Monday, June 22, 2020 at 9:00 a.m. will be a telephone conference. Separate instructions have been sent to counsel. (Motion Hearing set for 6/22/2020 09:00 AM in Telephone Conference in Courtroom before Magistrate Judge David D. Noce.) (This is a location change only). Signed by Magistrate Judge David D. Noce on 6/16/20. (KJS) (Entered: 06/16/2020)
06/17/2020 36 MOTION for Leave to File a Second Supplemental Memorandum in Opposition to Motion to Dismiss by Plaintiff Michael Slaton. (Attachments: # 1 Attachment 1 - Plaintiff's Second Supplemental Memorandum in Opposition to Motion to Dismiss, # 2 Exhibit Ex 1 - Defendant's Answers to Plaintiff's First Set of Interrogatories, # 3 Exhibit Ex 2 - Defendant's Responses to Plaintiff's First Request for Production, # 4 Exhibit Ex 3 - Emails with Defendant, # 5 Exhibit Ex 4 - Report 1, # 6 Exhibit Ex 5 - Report 2, # 7 Exhibit Ex 6 - Report 3, # 8 Exhibit Ex 7 - Report 4)(Lane, Paul) (Entered: 06/17/2020)
06/17/2020 37 MOTION to Clarify Motion for Clarification of this Court's Order Dated June 3, 2020 by Defendant Climax Molybdenum Company. (Mueller, Brandan) (Entered: 06/17/2020)
06/17/2020 38 MEMORANDUM in Support of Motion re 37 MOTION to Clarify Motion for Clarification of this Court's Order Dated June 3, 2020 filed by Defendant Climax Molybdenum Company. (Mueller, Brandan) (Entered: 06/17/2020)
06/17/2020 39 MOTION for Leave to File Additional Supplement to Defendant's Reply in Support of Defendant's Motion to Dismiss by Defendant Climax Molybdenum Company. (Mueller, Brandan) (Entered: 06/17/2020)
06/17/2020 40 MEMORANDUM in Support of Motion re 39 MOTION for Leave to File Additional Supplement to Defendant's Reply in Support of Defendant's Motion to Dismiss filed by Defendant Climax Molybdenum Company. (Attachments: # 1 Exhibit Exhibit 1 - Notice, # 2 Exhibit Exhibit 2 - Declaration, # 3 Exhibit Exhibit 3 - Proposed Additional Supplement)(Mueller, Brandan) (Entered: 06/17/2020)
06/18/2020 41 RESPONSE to Motion re 36 MOTION for Leave to File a Second Supplemental Memorandum in Opposition to Motion to Dismiss filed by Defendant Climax Molybdenum Company. (Mueller, Brandan) (Entered: 06/18/2020)
06/22/2020 42 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge David D. Noce: The plaintiff has been advised and consents on the record to proceed by telephone conference. Counsel for the defendant also participates by telephone conference. Motion Hearing held on 6/22/2020 re: The Court calls 4 MOTION to Dismiss for Lack of Jurisdiction filed by Climax Molybdenum Company and 37 MOTION to Clarify Motion for Clarification of this Court's Order Dated June 3, 2020 filed by Climax Molybdenum Company; Arguments heard and ruling will be put on the record at 2:00pm today. 36 MOTION for Leave to File a Second Supplemental Memorandum in Opposition to Motion to Dismiss filed by Michael Slaton called and GRANTED. 39 MOTION for Leave to File Additional Supplement to Defendant's Reply in Support of Defendant's Motion to Dismiss filed by Climax Molybdenum Company. he plaintiff makes an oral motion to dismiss motion without prejudice; GRANTED. The Plaintiff makes an ORAL MOTION to dismiss defendant Climax Molybdenum Marketing Corporation. The Court grants the motion and this case now has Full Consent. (Court Reporter:Linda Nichols, Linda_Nichols@moed.uscourts.gov, 314-244-7983) (proceedings started: 9:00 am) (proceedings ended: 10:00 am)(Deputy Clerk: K. Shirley)(Appearance for Plaintiff: Paul Lane/Kevin Lane)(Appearance for Defendant: Brandan Mueller/Kathryn Modeer) (KJS) (Entered: 06/22/2020)
06/22/2020 43 Docket Text ORDER: Re: 36 MOTION for Leave to File a Second Supplemental Memorandum in Opposition to Motion to Dismiss by Plaintiff Michael Slaton filed by Michael Slaton; GRANTED - SO ORDERED. 39 MOTION for Leave to File Additional Supplement to Defendant's Reply in Support of Defendant's Motion to Dismiss filed by Climax Molybdenum Company; GRANTED - SO ORDERED. The Plaintiff makes an Oral motion to dismiss without prejudice Climax Molybdenum Marketing Corporation; GRANTED - SO ORDERED.. Signed by Magistrate Judge David D. Noce on 6/22/20. (KJS) (Entered: 06/22/2020)
06/22/2020 44 FULL CONSENT has been received by Defendant Climax Molybdenum Company, Plaintiff Michael Slaton. (KJS) (Entered: 06/22/2020)
06/22/2020 45 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge David D. Noce: The plaintiff has been advised and consents on the record to proceed by telephone conference. Counsel for the defendant also participates by telephone conference. Motion Hearing held on 6/22/2020 re: The Court calls 4 MOTION to Dismiss for Lack of Jurisdiction filed by Climax Molybdenum Company filed by Climax Molybdenum Company; Court sustains motion. Ruling read on the record. Memorandum, Order, and Opinion to issue. The Court orders a transcript to be entered.(Court Reporter:Linda Nichols, Linda_Nichols@moed.uscourts.gov, 314-244-7983) (proceedings started: 2:05 pm) (proceedings ended: 2:30 pm)(Deputy Clerk: K. Shirley)(Appearance for Plaintiff: Paul Lane/Kevin Lane)(Appearance for Defendant: Brandan Mueller/Kathryn Modeer) (KJS) Transcript request for this proceeding provided to Court Reporter: L. Nichols on 6/23/2020 (BABS). (Entered: 06/22/2020)
06/22/2020 46 ORDER FOR TRANSCRIPT OF HEARING - IT IS HEREBY ORDERED that a written transcript of the proceedings conducted before the court on June 22, 2020 be prepared and filed with the Clerk of Court. Signed by Magistrate Judge David D. Noce on 6/22/20. (cc: transcript order email box)(KJS) (Entered: 06/23/2020)
06/22/2020 47 MEMORANDUM - Before the Court is the motion of defendant Climax Molybdenum Company to dismiss the action under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. The parties have consented to the exercise of plenary authority by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The matter was heard by the Court on February 11 and June 22, 2020, after jurisdictional discovery was conducted. The Court has subject matter jurisdiction over the action pursuant to 28 U.S.C. § 1332, due to the diversity of the parties' citizenship and the amount in controversy. For the reasons set forth below, the Court grants the motion to dismiss. (See order for full details.) Accordingly, the motion of defendant to dismiss for lack of personal jurisdiction is sustained. An appropriate Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 6/22/20. (KJS) (Entered: 06/23/2020)
Outcome: JUDGMENT ORDER - In accordance with the Memorandum opinion filed herewith, IT IS HEREBY ADJUDGED AND DECREED that the motion of defendant Climax Molybdenum Company to dismiss the action for lack of personal jurisdiction (Doc. 4 ) is sustained. The action is dismissed without prejudice. Each party must bear his and its own costs of the action. Signed by Magistrate Judge David D. Noce on 6/22/20. (KJS) (Entered: 06/23/2020)
Plaintiff's Experts:
Defendant's Experts:
Comments: