Homestake Lead Co. of Missouri v. Doe Run Resources Corp.

MEMORANDUM AND ORDER RE MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

Plaintiff Homestake Lead Company (“Homestake”) brings this action against defendant Doe Run Resources Corporation (“Resources”) seeking declaratory relief with respect to Resources’ duty to defend and indemnify Homestake in a series of tort cases. Homestake alleges an obligation on the part of Resources to reimburse outstanding legal expenses and costs, to defend Homestake in ongoing cases, to indemnify Homestake against judgments, settlements, and other adverse payments that may occur in such cases, and to pay Homestake’s costs, expenses and attorneys’ fees. Now before the court is Resources’ motion to compel arbitration and stay proceedings. Before considering the arguments and submissions, however, this court raised sua sponte a jurisdictional question as to whether there was complete diversity among the parties. Now, having considered parties’ responsive papers on the jurisdictional question, as well as all submissions concerning the motion to compel arbitration, and for the reasons set forth below, the court rules as follows. BACKGROUND

On November 1, 1986, Homestake and Resources, then known as St.…