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17-3059 - ZEVOLI 243 (PTY) LTD. v. DOW CHEMICAL COMPANY et al

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17-3059 - ZEVOLI 243 (PTY) LTD. v. DOW CHEMICAL COMPANY et al
April 4, 2018
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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 Zevoli 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 forum 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 jurisdiction 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)