Aldridge
Aldridge v. Bayer Corporation The
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.