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Luikart et al v. Monsanto Company et al

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CARLOS LUIKART, et al., Plaintiffs, v. MONSANTO COMPANY, et al., Defendants. CIVIL ACTION NO. 3:09-cv-01388

MEMORANDUM OPINION & ORDER Pending before the court is the plaintiff's Motion to Remand Case to the Circuit Court of Putnam County. For the reasons discussed below, this Motion is GRANTED. This case is REMANDED to the Circuit Court of Putnam County. I. Factual and Procedural Background The plaintiff filed the Complaint in the Circuit Court of Putnam County on August 3, 2009. (Notice Removal [Docket 1], Ex. 1 ("Compl.").) This case is one of over a hundred parallel personal injury actions (collectively, the "Parallel Litigations"), filed by the plaintiff's counsel, seeking damages based on defendant Monsanto Company's ("Monsanto") alleged unlawful disposal of dioxin and furan waste material at its Nitro, West Virginia plant site, and the defendants' alleged failure to control this contamination.1 The plaintiff asserts that exposure to the contamination caused the plaintiff to develop cancer.

The Complaint states that the Nitro plant was owned and operated by the former Monsanto Company -- "Old Monsanto" -- "until its pupation into one of more of the herein named defendants," including "New Monsanto," approximately "sometime during and after . . . 1997." (Compl.

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