Ramik v. Darling Intern., Inc., Civ. Action No. 98-40276.

• Decision Date: 30 July 1999
• Docket Number: Civ. Action No. 98-40439.,Civ. Action No. 98-40276.
• Parties: Peter John RAMIK, Kimberly Dawn Marie Ramik, David E. Kovacs, Brenda M. Kovacs, and Beth Kinard, Plaintiffs, v. DARLING INTERNATIONAL, INC., Defendant. City of Melvindale, Plaintiff, v. Darling International, Inc., Defendant.
• Court: U.S. District Court — Eastern District of Michigan

Page 680

60 F.Supp.2d 680

Peter John RAMIK, Kimberly Dawn Marie Ramik, David E. Kovacs, Brenda M. Kovacs, and Beth Kinard, Plaintiffs, v. DARLING INTERNATIONAL, INC., Defendant.

City of Melvindale, Plaintiff, v. Darling International, Inc., Defendant.

Civ. Action No. 98-40276.

Civ. Action No. 98-40439.

United States District Court, E.D. Michigan, Southern Division.

July 30, 1999.

Peter W. Macuga, II, Steven D. Liddle, Macuga, Swartz, Detroit, MI, for plaintiffs.

William H. Horton, Michael R. Turco, Cox, Hodgman, Troy, MI, for defendant.

MEMORANDUM OPINION AND ORDER

GADOLA, District Judge.

Before the court are two separate motions for partial dismissal and/or summary judgment filed by defendant, Darling International, Inc., with respect to the claims asserted against it in both above-captioned actions. As set forth more fully below, many of the claims raised in the two motions are essentially identical. For the reasons set forth below, this court will grant the motions in part, and deny them in part.

Factual Background

Defendant, Darling International, Inc., owns and operates a "rendering" plant in the City of Melvindale. Rendering is a form of "recycling" that involves using heat and pressure to reduce dead animals and inedible animal parts from the slaughtering process into ingredients for consumer, medical and industrial products. Two separate actions have now been filed against defendant resulting from complaints about defendant's business practices.

Plaintiffs in the first action (hereinafter the "resident plaintiffs"), Ramik v. Darling Int'l, Inc., 98-40276, are a class¹ of residents of Melvindale who assert that defendant's plant emits noxious odors and pollutants including animal by-product air contaminants into the area in which their homes are located. The resident plaintiffs contend that the exposure to these odors and pollutants has interfered with the use and enjoyment of their property and caused the diminution in the market value of their property. In addition, the resident plaintiffs contend that they have suffered mental anguish, anxiety, embarrassment and humiliation.

Accordingly, the resident plaintiffs filed suit for injunctive relief and damages on February 22, 1998 in Wayne County Circuit Court. The complaint asserts claims for nuisance, trespass and negligence. Defendant subsequently removed the case to this court. On August 21, 1998, the resident plaintiffs filed a motion for remand. On October 27, 1998, this court entered a memorandum opinion and order denying the resident plaintiffs' motion for remand.

On January 8, 1999, the resident plaintiffs filed a motion for class certification. On May 24, 1999, this court entered an order granting the resident plaintiffs' motion for class certification in part, certifying a class for injunctive relief only pursuant to Fed.R.Civ.P. 23(b)(2). This court declined to certify a plaintiff class for damages pursuant to Fed.R.Civ.P. 23(b)(3) because the resident plaintiffs were unable to demonstrate that common issues of law and fact predominated among the claims of the individual members of the purported class.

Meanwhile, a second action, City of Melvindale v. Darling Int'l, Inc., 98-40439, was filed against defendant by the City of Melvindale setting forth nearly identical claims to those contained in the first action. Specifically, the City asserts claims for nuisance, trespass, negligence, and violation of a city ordinance prohibiting the creation of a public nuisance. The factual bases for the two complaints are nearly identical.

On April 30, 1999, defendant filed the instant motion for partial dismissal and/or summary judgment in the Ramik case. On May 17, 1999, defendant filed a similar motion for partial dismissal and/or summary judgment in the City of Melvindale case.

Discussion

1. Standard for dismissal pursuant to Rule 12(b)(6)

Federal Rule of Civil Procedure 12(b)(6) authorizes the district courts to dismiss any complaint which fails "to state a claim upon which relief can be granted." Rule 12(b)(6) affords the individual defendants in this case an opportunity to test whether, as a matter of law, the plaintiff is entitled to legal relief on his complaint even if everything alleged in the complaint is true. In applying the standards under Rule 12(b)(6), the court must presume all wellpleaded factual allegations in the complaint to be true and draw all reasonable inferences from those allegations in favor of the non-moving party. Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir.1993); Miller v. Currie, 50 F.3d 373, 377 (6th Cir.1995). The court need not, however, accord the presumption of truthfulness to any legal conclusion, opinions or deductions, even if they are couched as factual allegations. Western Mining Council v. Watt, 643 F.2d 618, 629 (9th Cir.1981); Mitchell v. Archibald & Kendall, Inc., 573 F.2d 429, 432 (7th Cir.1978); Sexton v. Barry, 233 F.2d 220, 223 (6th Cir.1956). Dismissal for failure to state a claim is disfavored:

[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.

Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). See also Cameron v. Seitz, 38 F.3d 264, 270 (6th Cir.1994) (stating that a motion to dismiss should be denied unless "it is clear that the plaintiff can prove no set of facts in support of [its] claim that would entitle [it] to relief").

If, on a motion pursuant to Rule 12(b)(6), matters outside the pleadings are presented to and not excluded by the court, "the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56...." Fed.R.Civ.P. 12(b).

2. Standard for summary judgment pursuant to Rule 56

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Summary judgment is appropriate where the moving party demonstrates that there is no genuine issue of material fact as to the existence of an essential element of the nonmoving party's case on which the nonmoving party would bear the burden of proof at trial. Martin v. Ohio Turnpike Commission, 968 F.2d 606, 608 (6th Cir. 1992); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In considering a motion for summary judgment, the court must view the facts and draw all reasonable inferences therefrom in a light most favorable to the non-moving party. 60 Ivy Street Corporation v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987). The court is not required or permitted, however, to judge the evidence or make findings of fact. Id. at 1435-36. The moving party has the burden of showing conclusively that no genuine issue of material fact exists. Id. at 1435.

A fact is "material" for purposes of summary judgment where proof of that fact would have the effect of establishing or refuting an essential element of the cause of action or a defense advanced by the parties. Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984). In other words, the disputed fact must be one which might affect outcome of the suit under the substantive law controlling the issue. Henson v. National Aeronautics and Space Administration, 14 F.3d 1143, 1148 (6th Cir. 1994). A dispute over a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the non-moving party." Id. Accordingly, where a reasonable jury could not find that the non-moving party is entitled to a verdict, there is no genuine issue for trial and summary judgment is appropriate. Feliciano v. City of Cleveland, 988 F.2d 649 (6th Cir.1993).

Once the moving party carries its initial burden of demonstrating that no genuine issues of material fact are in dispute, the burden shifts to the non-moving party to present specific facts to prove that there is a genuine issue for trial. To create a genuine issue of material fact, the nonmoving party must present more than just some evidence of a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986):

There is no issue for trial unless there is sufficient evidence favoring the non-moving party for a jury to return a verdict for that party. If the [non-moving party's] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.

(Citations omitted); see also Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Consequently, the non-moving party must do more than raise some doubt as to the existence of a fact; the non-moving party must produce evidence that would be sufficient to require submission of the issue to the jury. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990), aff'd, 929 F.2d 701 (6th Cir.1991).

3. Analysis

In the instant motions for partial dismissal and/or summary judgment, defendant makes the following claims:

A. In the Ramik case, defendant claims that:

i.) the resident plaintiffs' claims for exemplary and punitive damages should be dismissed because those damages are unavailable under Michigan law in this case;

ii.) the resident plaintiffs' trespass claims should be dismissed because odors are insufficient to constitute a physical invasion upon plaintiffs' property interfering with possession, and are rather a non-physical invasion interfering with use and enjoyment more appropriately addressed under the law of nuisance;

iii.) plaintiffs' negligence count should be stricken from the complaint pursuant to ...