Aldridge

Aldridge v. Bayer Corporation The

Good Law
United States District Court, Northern District of CaliforniaSeptember 11, 20243:24-cv-09114California527 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

MARK R. ALDRIDGE, et al., ) ) Plaintiffs, ) ) v. ) Case No.CIV-24-831-D ) BAYER CORPORATION, et al., ) ) Defendants. )

ORDER

Before the Court is Defendant State of Oklahoma’s Motion to Dismiss [Doc. No. 7] under Fed. R. Civ. P. 12(b)(6). Plaintiffs have filed a Response [Doc. No. 10], arguing that their pleading states plausible claims against the State of Oklahoma. Upon consideration, the Court finds that the Motion cannot properly be considered at this time. This case was filed in state court and timely removed by Defendant Monsanto Company (“Monsanto”) based on federal diversity jurisdiction under 28 U.S.C. § 1332. Monsanto asserts that Plaintiffs fraudulently joined the State as a defendant to avoid complete diversity of citizenship but “this removal-prevention strategy fails . . . because Plaintiffs have no viable claims against the State of Oklahoma.” See Notice of Removal [Doc. No. 1], ¶¶ 4-5. Invoking the fraudulent joinder doctrine, Monsanto contends the State should be disregarded as a party. Id. ¶ 6.

Monsanto inaccurately proposes…

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