Bennett et al v. Bayer Healthcare Pharmaceuticals Inc. et al

Filing 77

ORDER denying 46 Motion to Dismiss; denying 46 Motion to Remand. Signed by Chief Judge David R. Herndon on 12/10/2013. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
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X

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

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

-----------------------------------------------------------Judge David R. Herndon

This Document Relates to:

Bennett et al v. Bayer Healthcare
Pharmaceuticals Inc. et al No. 3:13-cv20026-DRH-PMF

ORDER
HERNDON, Chief Judge:
This matter is before the Court on the plaintiff’s motion seeking to remand
to the Northern District of Georgia or for voluntary dismissal so she can refile in
the Northern District of Georgia (Doc. 46). The Court agrees with the defendant
on this matter. The plaintiff is not entitled to remand to the Northern District of
Georgia, or to a de facto remand by allowing her to dismiss her case and refile in
that district.
As noted by the defendant, in determining whether to issue a suggestion of
remand to the JPML, transferee courts are “guided by the standards for remand
employed by the Panel.” In re Bridgestone/Firestone, Inc., 128 F. Supp. 2d 1196,
1197 (S.D. Ind. 2001). The party seeking remand “has the burden of establishing

that such remand is warranted.” See, e.g., In re Integrated Res., Inc. Real Estate
Ltd. P’ships Sec. Litig., 851 F. Supp. 556, 562 (S.D.N.Y. 1994). Further, the
JPML will remand an action “prior to the completion of coordinated or
consolidated pretrial proceedings only upon a showing of good cause.” In re S.
Cent. States Bakery Prods. Antitrust Litig., 462 F. Supp. 388, 390 (J.P.M.L.
1978).
In the instant case, the plaintiff’s pretrial proceedings are nowhere near
completed and the plaintiff has not shown good cause for remand. Accordingly,
the plaintiff’s motion is DENIED.
SO ORDERED:

David R. Herndon
2013.12.10
14:10:24 -06'00'
Chief Judge
United States District Court

Date: December 10, 2013