Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.
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|Date Filed||#||Document Text|
|May 29, 2013
Memorandum Opinion and Order: The Court sua sponte severs Counts I, II and III of the Second Amended Complaint, which are entirely between Ohio residents and entirely dependent upon state law, and remands those claims to the Stark County Court of Common Pleas. To that extent, plaintiff's motion to remand (Doc. No. 5 ) is granted. Further, the Court retains jurisdiction over Counts IV, V, VI, and VII, as claims between diverse citizens, and stays all further proceedings in this Court pending the JPML's determination regarding transfer. To that extent, defendant Bayer's motion to stay (Doc. No. 4 ) is granted. Both motions to dismiss (Doc. Nos. 8 and 9 ) are denied without prejudice. Judge Sara Lioi on 5/29/2013. (P,J)
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