Weise et al v. Critical Mineral Recovery, Inc. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JESSICA WEISE, 	)
et. al, 	)
Plaintiffs, 	)
)
v. 	) 	No. 1:24-CV-00205 CMS
)
CRITICAL MINERAL RECOVERY, 	)
INC., 	)
et. al, 	)
Defendants. 	)
MEMORANDUM AND ORDER
On October 10, 2025, this Court ordered Plaintiffs Jessica Weise, Emily
Boushie, and Matthew Bales to “show cause in writing why Plaintiffs’ Complaint
(Doc. 1) should not be dismissed without prejudice for lack of subject-matter
jurisdiction pursuant to 28 U.S.C. § 1332(d)(2).” (Doc. 42 at 2). Plaintiffs were
also instructed to “show cause in writing why this Court should not ‘decline to
exercise jurisdiction’ under 28 U.S.C. § 1332(d) pursuant to 28 U.S.C §
1332(d)(4).” (Doc. 42 at 2-3).
On October 24, 2025, Plaintiffs filed their “RESPONSE TO THE COURT’S
ORDER TO SHOW CAUSE.” (Doc. 43). Plaintiffs concede that this action is
within the local controversy exception of 28 U.S.C. § 1332(d)(4) and request that
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the Court “dismiss this action without prejudice for lack of subject matter
jurisdiction.” (Doc. 43 at 3).
28 U.S.C. § 1332(d)(4) provides:
(4) A district court shall decline to exercise jurisdiction under
paragraph (2)--
(A)(i) over a class action in which--
(I) greater than two-thirds of the members of all proposed
plaintiff classes in the aggregate are citizens of the State
in which the action was originally filed;
(II) at least 1 defendant is a defendant--
(aa) from whom significant relief is sought by
members of the plaintiff class;
(bb) whose alleged conduct forms a significant
basis for the claims asserted by the proposed
plaintiff class; and
(cc) who is a citizen of the State in which the
action was originally filed; and
(III) principal injuries resulting from the alleged conduct
or any related conduct of each defendant were incurred in
the State in which the action was originally filed; and
(ii) during the 3-year period preceding the filing of that class
action, no other class action has been filed asserting the same or
similar factual allegations against any of the defendants on
behalf of the same or other persons; or
(B) two-thirds or more of the members of all proposed plaintiff
classes in the aggregate, and the primary defendants, are
citizens of the State in which the action was originally filed.
Plaintiffs concede they cannot meet these jurisdictional requirements for the
following reasons:
(1) More than two-thirds of the class members in the aggregate are
citizens of Missouri;
(2) Critical Mineral Recovery, Inc., from whom Plaintiffs seek
significant relief and whose conduct forms a significant basis for
Plaintiffs’ claims, is deemed a citizen of Missouri;
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(3) Plaintiffs’ injuries occurred in the state of Missouri; and
(4) No other class action alleging similar facts was filed in the three
years prior to the commencement of this action.
(Doc. 43 at 3).
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ request to dismiss this action
without prejudice for lack of subject-matter jurisdiction is GRANTED. Plaintiffs’
Complaint (Doc. 1) is DISMISSED without prejudice.
Dated this 24th day of November, 2025.
________________________________
CRISTIAN M. STEVENS
UNITED STATES DISTRICT JUDGE
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