Miles et al v. Novartis Pharmaceuticals Corporation

Filing 13

ORDER. IT IS HEREBY ORDERED: This case is transferred to the United States District Court for the Eastern District of California. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/5/14. (GRR) [Transferred from mnd on 5/6/2014.]

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

RENEE MILES and
CHARLES MILES,
Plaintiffs,

v.

ORDER
Civil File No. 9-610 (MJD/JJG)

NOVARTIS PHARMACEUTICALS
CORPORATION,
Defendant.
This action is one of many product-liability actions that have been filed in
the District of Minnesota despite having no discernable connection to Minnesota.
Plaintiffs are citizens of California. Defendant Novartis Pharmaceuticals
Corporation is a Delaware corporation with its corporate headquarters in New
Jersey. The Complaint in this case does not indicate that any act giving rise to
this action occurred in Minnesota. None of the alleged injuries for which
Plaintiffs seek to recover were suffered in Minnesota.
On April 3, 2014, the Court requested briefing from the parties regarding
whether transfer was appropriate under 28 U.S.C. § 1404(a) and, if so, to which
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district the action should be transferred. The parties agree that transfer is
appropriate to the United States District Court for the Eastern District of
California. This Court agrees.
Transferring this case will promote the interests of justice and the
convenience of the parties. Plaintiffs both reside within the Eastern District of
California. The majority of Renee Miles’ healthcare providers also reside in
California. The majority of events giving rise to this lawsuit occurred in
California, where Renee Miles received the drugs at issue. Defendant has no
more connection to Minnesota than it does to California. Moreover, a transfer
appears unlikely to prejudice any party. This case will remain in federal court
and, assuming that this case was properly filed in Minnesota, the same choice-oflaw rules would apply after transfer. See Ferens v. John Deere Co., 494 U.S. 516,
523 (1990) (holding that a § 1404(a) transfer does not change the law applicable in
a diversity case). The main effect of a transfer will be to put the parties in a
forum that has some connection to the underlying dispute and is more
convenient for the parties. Overall, transfer to the Eastern District of California is
the just outcome.

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Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
This case is transferred to the United States District Court for the
Eastern District of California.

Dated: May 5, 2014

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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