Jackson v. Dow Chemical Co.

902 F. Supp. 2d 658, 2012 U.S. Dist. LEXIS 142491, 2012 WL 4510913
CourtDistrict Court, E.D. Pennsylvania
DecidedSeptember 28, 2012
DocketCivil Action No. 11-cv-06194
StatusPublished
Cited by10 cases

This text of 902 F. Supp. 2d 658 (Jackson v. Dow Chemical Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Dow Chemical Co., 902 F. Supp. 2d 658, 2012 U.S. Dist. LEXIS 142491, 2012 WL 4510913 (E.D. Pa. 2012).

Opinion

OPINION

JAMES KNOLL GARDNER, District Judge.

This matter is before the court on three motions to dismiss. For the reasons expressed in this Opinion, I grant the Certain Defendants’ Motion to Dismiss; and I grant the Motion of Defendants Liberty Mutual Insurance Company, Lori Hamlin, Nancy May, Richard P. Quinlan, Sean B. McSweeney and Michael Miller to Dismiss Plaintiffs Complaint. Accordingly, I dismiss plaintiffs claims with prejudice against all defendants. I dismiss as moot Defendant Jacques Croisetiere’s Motion to Dismiss.

JURISDICTION

Jurisdiction is proper in this court because plaintiffs complaint contains causes of action arising under federal law. 28 U.S.C. § 1331. Plaintiffs pendent state-law claims are within this court’s supplemental jurisdiction because they form part of the same case or controversy. Id. § 1367(a).

VENUE

Venue is proper in this court because a substantial part of the events giving rise to plaintiffs claims occurred in this judicial district. 28 U.S.C. § 1391(b)(2).1

PROCEDURAL HISTORY

Motions to Dismiss

On November 2, 2010 plaintiff pro se filed a Complaint in this matter in the United States District Court for the District of Delaware in case number.2

On January 28, 2011 Certain Defendants’ Motion to Dismiss was filed on behalf of defendants The Dow Chemical Company; Rohm and Haas Company; Raj L. Gupta; Pierre R. Brondeau; Jacques M. Croisettiere; Robert A. Lonergan, Esquire; Ellen Friedell, Esquire; Royce [661]*661Warrick, Esquire; Jane Greenetz; Deanna May; and Cynthia Mazer (“the Rohm and Haas defendants”).3

Also on January 28, 2011, the Motion of Defendants Liberty Mutual Insurance Company, Lori Hamlin, Nancy May, Richard P. Quinlan, Sean B. McSweeney and Michael Miller to Dismiss Plaintiffs Complaint was filed.4 I refer to this group of defendants as the “Liberty Mutual defendants”.

On February 14, 2011 plaintiff filed responses in opposition to the Rohm and Haas defendants’ motion to dismiss5 and to the Liberty Mutual defendants’ motion to dismiss.6

On February 22, 2011 the Liberty Mutual defendants filed a reply brief in support of their motion to dismiss.7 On February 25, 2011 the Rohm and Haas defendants filed a reply brief in support of their motion to dismiss.8

On October 24, 2011, after the transfer of venue to this court, defendant Jacques Croisetiere joined the Certain Defendants’ Motion to Dismiss filed on January 28, 2011.9 Therefore, every defendant that has appeared in this action is seeking dismissal pursuant to the within motions to dismiss.10

Other Pending Motions

While the action was pending in the District of Delaware, plaintiff moved for leave to file surreply briefs and a in support of his opposition to the various motions to dismiss.11 Both the Liberty Mutu[662]*662al defendants and the Rohm and Haas defendants opposed plaintiffs request.12

Although the issues presented in both the Rohm and Haas defendants and the Liberty Mutual defendants’ motions to dismiss have been extensively briefed, I grant plaintiffs motion for leave to file supplemental briefing in support of its opposition to the motions to dismiss. Accordingly, I have considered plaintiffs surreply briefs in the adjudication of the Rohm and Haas defendants and Liberty Mutual defendants’ motions to dismiss.13

After the case was transferred to this district, it was assigned to former United States District Senior Judge Louis H. Poliak, who in turn ordered that certain matters of pretrial management be handled by United States Magistrate Judge M. Faith Angelí.14

On October 26, 2011, Judge Angelí stayed the case pending resolution of the motions to dismiss.15 On October 27, 2011 plaintiff filed an objection to Judge Angell’s stay of discovery.16 The defendants filed responses to plaintiffs objections.17 Plaintiffs objections to the stay remain pending.

On May 31, 2012 plaintiff filed a motion to lift the stay.18 The defendants again opposed the requested relief.19 On June 21, 2012 plaintiff sought leave to file a reply memorandum in support of his motion to lift the stay.20 Both plaintiffs motion to lift the stay and his motion for leave to file a reply remain pending.

[663]*663In addition, on March 22, 2012, plaintiff' requested an entry of default against the Rohm and Haas Company Benefits Administrative Committee.21 The Clerk has taken no action in regard to this request.

STANDARD OF REVIEW

A claim may be dismissed under Federal Rule of Civil Procedure 12(b)(6) for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). A Rule 12(b)(6) motion requires the court to examine the sufficiency of the complaint. Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 102, 2 L.Ed.2d 80, 84 (1957) (abrogated in other respects by Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

Generally, in ruling on a motion to dismiss, the court relies on the complaint, attached exhibits, and matters of public record, including other judicial proceedings. Sands v. McCormick, 502 F.3d 263, 268 (3d Cir.2007).

Except as provided in Federal Rule of Civil Procedure 9, a complaint is sufficient if it complies with Rule 8(a)(2), which requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). ■ Rule 8(a)(2) “[does] not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570, 127 S.Ct. at 1974, 167 L.Ed.2d at 949.22

In determining whether a plaintiffs complaint is sufficient, -the- court must “accept all factual allegations as true, construe the complaint in the light most favorable. to the plaintiff, and determine whether, under any reasonable reading, the plaintiff may be entitled to relief.” Fowler, 578 F.3d at 210

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Cite This Page — Counsel Stack

Bluebook (online)
902 F. Supp. 2d 658, 2012 U.S. Dist. LEXIS 142491, 2012 WL 4510913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-dow-chemical-co-paed-2012.