Applen, et al v. Bristol-Myers Squibb Company
Filing
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ORDER re 1 Notice of Removal, filed by Bristol-Myers Squibb Company. Signed by Judge Yvonne Gonzalez Rogers on 4/19/12. (fs, COURT STAFF) (Filed on 4/19/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DAVID D. APPLEN, et al.,
Plaintiffs,
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Northern District of California
United States District Court
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Case No.: 12-cv-1818 YGR
ORDER RE: NOTICE OF REMOVAL
vs.
BRISTOL-MYERS SQUIBB COMPANY,
MCKESSON CORPORATION, and DOES 1 to 100,
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Defendants.
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On April 11, 2012, Defendant Bristol-Myers Squibb Company (“Defendant”) filed a Notice of
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Removal purporting to remove eight separate state court actions in that single notice. There is no
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indication in the Notice that such actions have been consolidated in the state court. Defendant simply
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states in its Notice that “[t]he Bryan, Adams, Alexander, Ailes, Anderson, Applen, Bales and Caouette
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cases are being removed together.” (Notice at 3:12-13.)
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The statute governing removal of civil actions, 28 U.S.C. §1441, speaks only in terms of
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removal of a “civil action.” The Court is aware of no authority permitting a removing party to utilize
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a single notice of removal for multiple cases, nor is any such authority cited in the Notice of Removal
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here.
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Therefore, the Notice of Removal filed by Defendant is deemed to apply ONLY to the state
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court action in David D. Applen, et al.,v. Bristol-Myers Squibb Company, et al., case number CGC-
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12-519102, filed in the Superior Court for the State of California, County of San Francisco. Should
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Defendant seek to remove the other actions, it shall file an appropriate notice of removal in each case.
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Defendant may, thereafter, move the Court to consider whether the cases should be related. See Civ.
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Local Rule 3-13.
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IT IS SO ORDERED.
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Dated: April 19, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Northern District of California
United States District Court
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