Summary
The United States District Court for the Eastern District of California grants Cooper Fields’s application to proceed in forma pauperis in an action against Monsanto Company concerning alleged injuries from exposure to glyphosate-based herbicides. The court finds the complaint states cognizable state-law claims, authorizes service by the United States Marshal, and issues related service instructions.
Holdings
- Plaintiff's financial affidavit made the required financial showing, so the application to proceed in forma pauperis was granted.
- The complaint stated cognizable claims and was not dismissed at the screening stage.
- Service on Monsanto was appropriate, and the United States Marshal was directed to effect service.
Questions Presented
- Whether plaintiff qualified to proceed in forma pauperis under 28 U.S.C. § 1915.
- Whether the complaint stated cognizable claims and should survive screening under 28 U.S.C. § 1915(e)(2) and Federal Rule of Civil Procedure 12(b)(6).
- Whether service of process on Monsanto was appropriate.
Disposition
other
Cases Cited (5)
- United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004)(followed)
- Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010)(followed)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002)(cited)
- Mollett v. Netflix, Inc., 795 F.3d 1062, 1065 (9th Cir. 2015)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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