LBS Innovations v. BP America, et al., 2:11cv407 (2/21/13)
Judge: Rodney Gilstrap
Holding: Motions to Dismiss, Sever and Stay RULED ON
Lots of motions addressed by this order - in fact as the Court notes at the end, this order is intended to resolve around forty-plus pending motions or joinders in pending motions. The key motions are these:
- Motion to Dismiss for Lack of Subject Matter Jurisdiction and Insufficient Service of Process by the First Moving Defendants;
- Motion to Dismiss or Sever for Misjoinder by the Second Moving Defendants;
- Motion to Dismiss for Lack of Personal Jurisdiction by Giant Eagle;
- Motion to Stay Discovery Pending Ruling on Pending Motion to Dismiss for Lack of Personal Jurisdiction (by aforesaid Giant Eagle); and
- Motion to Dismiss for Lack of Subject Matter Jurisdiction and Insufficient Service of Process by Another Defendant.
joinder provision (FRCP 20 with work done by In re EMC I) applied, because under either, joinder was not appropriate. Accordingly, he granted the motion to sever the claims against the Second Moving Defendants, and created separate cases against each. Whether the order required the actual dissolution of the Queen's Own is unclear, however, because the claims were consolidated back into the lead case for pretrial issues, except venue. As of the writing, it is uncertain whether the coat of arms and tartan of the SMD can still be used, or whether post-consolidation, some modification will be required. An expert on heraldry is needed here. (Or at least on ADD).