Kane v. Bayer Corporation et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge David R. Herndon on 3/27/2015. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

IN RE: YASMIN AND YAZ
(DROSPIRENONE) MARKETING, SALES
PRACTICES AND PRODUCTS LIABILITY
LITIGATION

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3:09-md-02100-DRH-PMF
MDL No. 2100

This Document Relates to:

Sandra Kane v. Bayer Corporation, et al. 3:13-cv-10819-DRH-PMF
ORDER
HERNDON, District Judge:
Presently before the Court is defendants’ Rule 12(b)(1) motion to dismiss
for lack of subject matter jurisdiction filed in accord with Case Management
Order Number 70 (“CMO 70”) (MDL 210 Doc. 3634). In accord with CMO 70 the
plaintiff was given 14 days to respond. Counsel for plaintiff has filed a motion to
withdraw as counsel of record (Doc. 7). No response has been filed to the motion
to dismiss.
Prior to considering the motion to withdraw, the Court must determine
whether it has jurisdiction. It is evident that diversity jurisdiction is lacking;
accordingly, defendants’ motion must be granted. In the instant case, the plaintiff
alleges that she is a citizen of New Jersey. Defendant Bayer Healthcare
Pharmaceuticals Inc. is also a citizen of New Jersey. Accordingly, complete
diversity is lacking and the action must be dismissed. See Wisconsin Dep’t of

Corr. v. Schacht, 524 U.S. 381, 388 (1998) (Breyer, J.) (complete diversity exists
“only if there is no plaintiff and no defendant who are citizens of the same state”).
As the Court has no jurisdiction over this matter, the Court will not
consider the motion to withdraw as counsel.
For the foregoing reasons, defendants’ motion to dismiss for lack of subject
matter jurisdiction is GRANTED. The matter is DISMISSED for lack of subject
matter jurisdiction.
IT IS SO ORDERED.
Signed this 27th day of March, 2015.

Digitally signed
by David R.
Herndon
Date: 2015.03.27
14:20:47 -05'00'
United States District Court