Rubio
Rubio v. Monsanto Co.
Opinion
Lead Opinion
Gee, J.
*753 ORDER RE MOTION TO SEVER; MOTION TO TRANSFER; MOTION TO DISMISS; AND MOTION TO STAY CASE [47, 48, 52]
On September 22, 2015, Plaintiffs Enrique Rubio and Yolanda Mendoza filed this action against Defendant Monsanto Company. 1 They filed an amended complaint on October 20, 2015. 2 The amended complaint alleges claims for strict products liability based on design defect, strict products liability based on failure to warn, negligence, breach of express warranty, and breach of implied warranties.
On November 9, 2015, Monsanto filed a motion to sever Rubio and Mendoza’s claims and to transfer them to the Western District of Texas and Eastern District of California, respectively. 3 In the alternative, Monsanto filed a motion to dismiss both plaintiffs’ claims. 4 Finally, Defendants filed a motion to stay the case pending the Court’s decision regarding the motions to sever and dismiss. 5 Plaintiffs oppose all three motions.
Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the hearing calendared for January 8, 2016 was vacated and the matter taken off calendar. [Doc. # 60.]