Alyshia Battiest et al v. Bayer HealthCare Pharmaceuticals Inc. et al

Filing 10

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR IMPROPER JOINDER by Judge Philip S. Gutierrez: Court orders Plaintiffs to show cause in writing no later than May 27, 2014 why this action should not be dismissed without prejudice on t he grounds of improper joinder of parties. Mandatory chambers copies are to be delivered to Chambers. Failure to respond by the above date will result in the Court dismissing this action. The Court further orders Plaintiffs to promptly serve this minute order on any Defendant who has been served with the Complaint, or who is served before the date specified above. (REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) RE:( Response to Order to Show Cause due by 5/27/2014.) (lw)

Download PDF
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-3022 PSG (ASx) Title Battiest v. Bayer Healthcare Pharmaceuticals, Inc., et al. Present: Date May 5, 2014 The Honorable Philip S. Gutierrez, United States District Judge Wendy Hernandez Deputy Clerk Not Reported Court Reporter / Recorder Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s): Not Present Not Present Proceedings: (In Chambers) Order to Show Cause re: Dismissal for Improper Joinder On April 18, 2014, multiple Plaintiffs, totaling 27 in number, filed an action against Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, and Bayer Pharma AG (collectively, “Defendants”) alleging claims for injuries Plaintiffs say they suffered after using a contraceptive device designed, manufactured, and marketed by Defendants. See generally Compl. However, the Complaint fails to assert class allegations or that Plaintiffs are properly joinder under Federal Rule of Civil Procedure 20(a). See id. Nor does it appear that Plaintiffs assert a right to relief “arising out of the same transaction or occurrence.” See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296 (9th Cir. 2000) (citing Fed. R. Civ. P. 20(a)). Accordingly, the Court orders Plaintiffs to show cause in writing no later than May 27, 2014 why this action should not be dismissed without prejudice on the grounds of improper joinder of parties. Mandatory chambers copies are to be delivered to Chambers. Failure to respond by the above date will result in the Court dismissing this action. The Court further orders Plaintiffs to promptly serve this minute order on any Defendant who has been served with the Complaint, or who is served before the date specified above. IT IS SO ORDERED. CV-90 (10/08) CIVIL MINUTES - GENERAL Page 1 of 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?