Butner et al v. Boehringer Ingelheim Pharmaceuticals, Inc. et al

Filing 24

TRANSFER ORDER Before The United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the Southern District of Illinois, MDL No. 2385. (tn, COURT STAFF) (Filed on 12/7/2012)

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FILED UNITED STATES JUDICIAL PANEL on DEC 0 6 2012 MULTIDISTRICT LITIGATION „CLERK. U.S. DISTRICT COURT SOUTHERN DISTRICT OFILLINOIS IN RE: PRADAXA (DABIGATRAN ETEXILATE) 8T ST L°U'8 °FF,CE PRODUCTS LIABILITY LITIGATION Thelma Butner, et aL v. Boehringer Ingelheim Pharmaceuticals, Inc., et aL, N.D. California, C.A. No. 3:12-03715 ) ) MDL No. 2385 TRANSFER ORDER Before the Panel:* Pursuant to Panel Rule 7.1,plaintiff in a Northern District ofCalifornia action moves to vacate our order that conditionally transferred her action to MDL No. 2385. Defendant Boehringer IngelheimPharmaceuticals, Inc., opposes the motion. After considering allargument ofcounsel we findthat this action involvescommon questions of feet with the actions previously transferred to MDL No. 2385, and that transfer will serve the convenience ofthe partiesand witnesses andpromote thejust and efficient conduct ofthe litigation. In our order centralizing this litigation, we held that the Southern District of Illinois was an appropriateSection 1407 forum for actions sharing factual questions arising out ofallegations that plaintiffs suffered severe bleedingor other injuries as a result oftaking the drug Pradaxa (dabigatran etexilate), that defendants did not adequatelywarn prescribing physicians ofthe risks associatedwith Pradaxa, including the potential for severe or fatal bleeding, and that there is no reversal agent to counteract Pradaxa's anticoagulation effects. This action involvesvirtually identical allegationsthat plaintiffsuffered severe bleeding as a result of ingesting Pradaxa and thus fells squarely within the subject matter of the MDL. Plaintiffbasesher argument againsttransferon the pendencyofa motion to remand her action to state court, suggesting that the transferor court should firstdecide the motion. We have repeatedly held, however, that a motion for remand alone is generallyan insufficientbasis to vacate a conditional transfer order.1 Plaintiffcan present her motion for remand to the transferee judge. See, e.g., In re Ivy, 901 F.2d 7, 9 (2d Cir. 1990); In re PrudentialIns. Co. ofAm. Sales Practices Litig., 170 F. Supp. 2d 1346, 1347-48 (J.P.M.L. 2001). *Judge Kathryn H. Vratiltook no part in the decision ofthis matter. 1Panel Rule 2.1(d) expresslyprovides that the pendencyofa conditional transfer order does not limitthe pretrialjurisdiction ofthe court in which the subject action is pending. Between the date a remand motion is filed and the date that transfer of the action to the MDL is finalized, a court wishing to rule upon the remand motion generally has adequate time in which to do so. Here, Judge Thelton E. Hendexson specificallydeclined to rule on plaintiffs remand motion prior to centralization. -2- IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, this action is transferred to the Southern District of Illinois and, with the consent of that court, assigned to the Honorable David R. Hemdon for inclusion in the coordinated or consolidated pretrial proceedings. SOU Date. TRICJ OF ILLINOIS COPY tPSfemTw fa?Q(7 + PANEL ON MULTIDISTRICT LITIGATION G. Heybum II Chairman W. Royal Furgeson, Jr. Marjorie O. Rendell Lewis A. Kaplan Paul J. Barbadoro Charles R. Breyer

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