Ackerman et al v. McKesson Corporation et al

Filing 21

ORDER GRANTING DEFENDANT SMITHKLINE BEECHAM CORPORATION'S 11 MOTION TO STAY; VACATING AUGUST 16, 2013 HEARING. (mmclc2, COURT STAFF) (Filed on 8/12/2013)

Ackerman et al v. McKesson Corporation et al

Doc. 21

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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PAULA ACKERMAN, et al.,
Plaintiffs,

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No. C 13-3049 MMC
ORDER GRANTING DEFENDANT
SMITHKLINE BEECHAM
CORPORATION’S MOTION TO STAY;
VACATING AUGUST 16, 2013 HEARING

v.
MCKESSON CORPORATION and
SMITHKLINE BEECHAM CORPORATION,

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Defendants.
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Before the Court is defendant Smithkline Beecham Corporation’s (“defendant”)

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Motion, filed July 10, 2013, to Stay All Proceedings Pending Transfer by the Judicial Panel

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on Multidistrict Litigation to MDL 1871 (E.D.PA). Plaintiffs have filed opposition, to which

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defendants have replied. Having read and considered the papers filed in support of and in

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opposition to the motion, the Court deems the matter suitable for decision on the parties’

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respective written submissions, VACATES the hearing scheduled for August 16, 2013, and

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rules as follows.

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The instant complaint “involves claims of death, personal injury, economic damages,
punitive damages, and other claims of damage arising from the use of [Avianda]1”

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“Avianda” is one of several trade names for the pharmaceutical compound
Rosiglitazone. (See Compl. ¶ 1.)

Dockets.Justia.com

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(see Compl. ¶ 1) brought on behalf of eighty-eight named plaintiffs. A number of

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complaints raising similar claims are pending in a coordinated proceeding in the Eastern

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District of Pennsylvania, titled In re: Avandia Marketing, Sales Practices and Products

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Liability Litigation, MDL No. 1871. (See Mot. Exs. A & B.) On July 9, 2013, the Judicial

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Panel on Multidistrict Litigation (“JPML”) conditionally transferred the instant action to the

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Eastern District of Pennsylvania. See In re: Avandia Marketing, Sales Practices and

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Products Liability Litigation, MDL No. 1871, Doc. No. 1022. On July 25, 2013, plaintiffs

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filed their motion to vacate the conditional transfer order, see id., Doc. No. 1093;

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defendant’s response thereto is due no later than August 19, 2013, see id., Doc. No. 1040.

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Defendant asks the Court to stay proceedings in the instant action pending the JPML’s

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determination as to whether the instant action will be transferred.

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Other than defendant’s motion to stay, the only matter pending before the Court is

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plaintiffs’ motion to remand, also noticed for hearing August 16, 2013. Accordingly, the

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issue now presented is, in effect, whether the Court should consider the merits of plaintiffs’

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motion to remand, or, instead, stay the instant action, with the understanding that, in the

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event of transfer, the motion will be heard by the transferee court.

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Because a decision as to whether the instant action will be transferred will, in all

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likelihood, be made shortly by the JPML, the stay sought by defendant likely will be of

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limited duration. In light of the anticipated brevity of the stay, and no significant prejudice

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resulting from such stay having been identified by plaintiffs, the Court, in the interests of

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conserving judicial resources and promoting consistency in the determination of common

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issues,2 finds a stay of the proceedings is appropriate. See Rivers v. Walt Disney Co., 980

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The issues presented by plaintiffs’ motion to remand are whether McKesson
Corporation is fraudulently joined as a defendant and whether the case is removable as a
collective action. The same issues have been raised in motions to remand filed in a
number of other actions that are currently pending in this district and have been stayed
pending a decision by the JPML as to transfer to the Eastern District of Pennsylvania. See,
e.g., Flores v. McKesson Corp., C. 13-3153 (Doc. No. 18); Tarango v. McKesson Corp., C.
13-3070 (Doc. No. 17); Harrison v. McKesson Corp., 13-3045, (Doc. No. 13); Myers v.
McKesson Corp., C. 13-3096, (Doc. No. 11); Allender v. McKesson Corp., C. 13-3068
(Doc. No. 18); Allen v. McKesson Corp., C. 13-3110 JSW (Doc. No. 20); Hargrove v.
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F. Supp. 1358, 1360 (C.D. Cal 1997) (identifying factors for court to consider when

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determining whether to stay action pending decision by JPML).

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Accordingly, defendant’s motion for a stay is hereby GRANTED.

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In light of the stay, the August 16, 2013 hearing on plaintiffs’ motion to remand is

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hereby VACATED.
IT IS SO ORDERED.

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Dated: August 12, 2013
MAXINE M. CHESNEY
United States District Judge

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McKesson Corp., C. 13-3114 (Doc. No. 20); Poff v. McKesson Corp., C. 13-3115 (Doc. No.
21); Adams v. McKesson Corp., C 13-3102 (Doc. No. 19); and Alvarez v. McKesson Corp.,
C. 13-3112 (Doc. No. 18).

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