Miller v. C R Bard Inc et al

Filing 39

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on September 14, 2020. (mmclc1, COURT STAFF) (Filed on 9/14/2020)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY MILLER,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-06250-MMC

v.
C R BARD INC, et al.,

ORDER DENYING AS MOOT
DEFENDANTS' MOTIONS TO
DISMISS

Defendants.

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On April 3, 2020, plaintiff Timothy Miller ("Miller"), along with nine other plaintiffs,

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filed a complaint in Texas state court, which complaint subsequently was removed to the

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Northern District of Texas. By order filed August 31, 2020, the Northern District of Texas

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granted plaintiffs' "Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases,"

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and, in so doing, severed Miller's claims and transferred them to the Northern District of

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California, resulting in the above-titled action.

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Prior to the transfer of Miller's claims to this District, defendants C.R. Bard, Inc.

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and Bard Peripheral Vascular, Inc. (collectively, "Bard") had filed a "Motion to Dismiss the

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Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction." As the Northern District

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of Texas's order granting plaintiffs' motion to sever effectively resolved the issues raised

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in Bard's motion, said motion to dismiss is hereby DENIED as moot.

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Additionally, prior to the transfer of Miller's claims, defendant McKesson

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Corporation ("McKesson") filed a "Motion to Dismiss Without Prejudice Plaintiffs' Claims

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for Lack of Subject Matter Jurisdiction," whereby McKesson, a citizen of Texas, asserted

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it had been "fraudulently joined to this action" (see McKesson's Mot. at 1), which action

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included claims asserted on behalf of Peggy Aguilar, a citizen of Texas. In light of the

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Northern District of Texas's order granting plaintiffs' motion to sever, however, Peggy

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Aguilar is not a party to the instant action, and complete diversity of citizenship exists as

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to the four parties thereto. Accordingly, McKesson's motion to dismiss for lack of subject

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matter jurisdiction is hereby DENIED as moot.

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IT IS SO ORDERED.

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Dated: September 14, 2020
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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