ZEVOLI 243 (PTY) LTD. v. DOW CHEMICAL COMPANY et al
||ZEVOLI 243 (PTY) LTD.
||DOW AGROSCIENCES LLC and DOW CHEMICAL COMPANY
||September 1, 2017
||US District Court for the Southern District of Indiana
||Debra McVicker Lynch
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
Access additional case information on PACER
Available Case Documents
The following documents for this case are available for you to view or download:
|April 4, 2018
ORDER - This matter is before the Court on Defendants Dow Chemical Company ("Dow Chemical") and Dow Agrosciences LLC's ("Dow Agro") collectively, "Defendants") Motion to Dismiss. [Filing No. 20 .] Plaintiff Zevol i 243 (PTY) Ltd.'s ("Zevoli") Complaint for Damages and Declaratory Judgment ("Complaint") seeks relief for alleged environmental contamination of real property owned by Zevoli in South Africa by Defendants' subsidiary Dow AgroSciences Southern Africa (Proprietary) Limited ("Dow South Africa"). [Filing No. 1 ]. Defendants move to dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(6), and the common law doctrine of for um non conveniens. For the reasons stated in this Order, the Court DENIES IN PART and GRANTS IN PART Defendants' Motion to Dismiss. For the reasons stated in this Order, Defendants' Motion to Dismiss Dow Chemical for lack of personal jur isdiction pursuant to Rule 12(b)(2) is GRANTED. 20 . Zevoli's request for jurisdictional discovery is DENIED. Finally, Dow Agro is ORDERED to file a report within 14 days of the entry of this Order stating whether it agrees to the conditions discussed in this Order relating to South Africa as an available forum. If Dow Agro agrees to the conditions discussed herein, the Motion to Dismiss based on forum non conveniens grounds will be granted without prejudice. If Dow Agro does not consent, the Court requests that the Magistrate Judge schedule a case management conference. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 4/4/2018. (APD)
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?