Catlett et al v. McKesson Corporation et al

Filing 22

ORDER REQUESTING SUPPLEMENTAL SUBMISSIONS [re 12 MOTION to Remand filed by Joann Carlile, Margaret Evans, Charlotte Hallock, Pamela Roberts, Tammy Fontenot, Angela Epstein, Pamela Denning, Melissa Conover, Noemi Alvarado, Joh n Clark, Debra Call, Frances Emerson, Lynn Canterbury, Claude Cowell, Vernell Greene, Jennifer Gilmore, Joan Davidson, Jennifer Stewart, Philistine Freeman, Therese Grabowski, Henry Currie, Deadra Catlett, Donna Edwards, Peggy Sparks, Edna Burns, Patricia Cheek, Linda Garner, Cathern Burkhardt, Charles Church, Estelle Cruz-Lee, Virginia Farkas, Creighton Goo, Freddie Denton, William Gay, Cheryl Friel, Damita Bryant, Eddie Gray, Daryl Hairston, Virginia Gutierrez, Th eresa Powell, Linda Ever-ison, Lynda Dailey, Alice Collins, Robin Bryant, 11 MOTION to Stay All Proceedings pending Transfer By The Judicial Panel on MultiDistrict Litigation to MDL 1871 (E.D. PA) filed by SmithKline Beecham Corporation] Plaintiffs' response due by 3:00 PM 8/16/2013. Signed by Judge William Alsup on 8/14/2013. (whasec, COURT STAFF) (Filed on 8/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DEADRA CATLETT, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 13-03067 WHA

v.
MCKESSON CORPORATION, a California
corporation, SMITHKLINE BEECHAM
CORPORATION d/b/a/ GLAXOSMITHKLINE
LLC, a corporation, and DOES 1–100, inclusive,

ORDER REQUESTING
SUPPLEMENTAL
SUBMISSIONS

Defendants.
/

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In this product liability action for the prescription medication Avandia, a multidistrict

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litigation proceeding was started in the United States District Court for the Eastern District of

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Pennsylvania. The present action was first filed in state court and then removed to federal court

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by defendant GlaxoSmithKline LLC. Pending before this Court are plaintiffs’ motion to remand

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and defendants’ motion to stay pending transfer to the MDL. The MDL judge has previously

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held that removal is proper when “an out-of-state defendant removes after it has been served, but

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prior to service upon any forum defendant.” In re Avandia, 624 F.Supp.2d 396, 411 (E.D. Pa.,

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2009) (Judge Cynthia Rufe). Counsel for plaintiffs are ordered to file proof of the date each

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defendant in this action was served with the original complaint. Plaintiff’s response shall be

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made by 3:00 P.M. on AUGUST 16, 2013.

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IT IS SO ORDERED.

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Dated: August 14, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE