Applen, et al v. Bristol-Myers Squibb Company

Filing 12

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)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

DAVID D. APPLEN, et al.,
Plaintiffs,

9
10
11

Northern District of California

United States District Court

12

Case No.: 12-cv-1818 YGR
ORDER RE: NOTICE OF REMOVAL

vs.
BRISTOL-MYERS SQUIBB COMPANY,
MCKESSON CORPORATION, and DOES 1 to 100,

13

Defendants.

14
15

On April 11, 2012, Defendant Bristol-Myers Squibb Company (“Defendant”) filed a Notice of

16

Removal purporting to remove eight separate state court actions in that single notice. There is no

17

indication in the Notice that such actions have been consolidated in the state court. Defendant simply

18

states in its Notice that “[t]he Bryan, Adams, Alexander, Ailes, Anderson, Applen, Bales and Caouette

19

cases are being removed together.” (Notice at 3:12-13.)

20

The statute governing removal of civil actions, 28 U.S.C. §1441, speaks only in terms of

21

removal of a “civil action.” The Court is aware of no authority permitting a removing party to utilize

22

a single notice of removal for multiple cases, nor is any such authority cited in the Notice of Removal

23

here.

24

Therefore, the Notice of Removal filed by Defendant is deemed to apply ONLY to the state

25

court action in David D. Applen, et al.,v. Bristol-Myers Squibb Company, et al., case number CGC-

26

12-519102, filed in the Superior Court for the State of California, County of San Francisco. Should

27

Defendant seek to remove the other actions, it shall file an appropriate notice of removal in each case.

28

1

Defendant may, thereafter, move the Court to consider whether the cases should be related. See Civ.

2

Local Rule 3-13.

3

IT IS SO ORDERED.

4
5

Dated: April 19, 2012
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

6
7
8
9
10
11

Northern District of California

United States District Court

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2