Skipton v. Boehringer Ingelheim Pharmaceuticals Inc. et al

Filing 16

ORDER re 9 MOTION to Remand to State Court filed by Therese Skipton. Plaintiffs Motion to Remand to State Court is GRANTED. FURTHER, the Clerk of the Court is instructed to REMAND this case back to the Superior Court of the State of Delaware, New Castle County, pursuant to 28 U.S.C. § 1447(c). Signed by Chief Judge David R. Herndon on 4/1/2013. (dsw)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
______________________________________________________________________________
IN RE PRADAXA
)
MDL No. 2385
(DABIGATRAN ETEXILATE) )
3:12-md-02385-DRH-SCW
PRODUCTS LIABILITY
)
Judge David R. Herndon
LITIGATION
)
______________________________________________________________________________
This Document Relates to:
Therese Skipton v. Boehringer
Ingelheim Pharmaceuticals, Inc., et al

No. 3:13-cv-60012-DRH-SCW

Billie S. Hilton v. Boehringer
Ingelheim Pharmaceuticals, Inc., et al

No. 3:13-cv-60013-DRH-SCW

Heidi Markus as Personal Representative
of the estate of Gertraud Steinback and
Individually v. Boehringer Ingelheim
Pharmaceuticals, Inc., et al

No. 3:13-cv-60014-DRH-SCW

ORDER GRANTING REMAND TO STATE COURT
Herndon, Chief Judge:
The above captioned cases were initially filed in Delaware State Court. One
of the defendants, Boehringer Ingelheim Pharmaceuticals, Inc. (“BIPI”) removed
each case to the United States District Court for the District of Delaware (1360012 Doc. 1; 13-60013 Doc. 1; 13-60014 Doc. 1) on the basis of diversity of
citizenship (none of the plaintiffs are citizens of Delaware, BIPI is a citizen of
Delaware, and the remaining defendants are foreign entities). Id. BIPI removed
each action prior to service of process and therefore argued that the forum
defendant rule did not bar removal. Id. Subsequently, each plaintiff filed a motion
1

to remand to state court (13-60012 Docs. 9,10; 13-60013 Docs. 6,7; 13-60014
Docs. 6,7) and BIPI opposed (13-60012 Doc. 11; 13-60013 Doc. 9; 13-60014 Doc.
15).
On March 28, 2013, an order from the Multidistrict Litigation Panel,
transferring the above referenced cases to this Multidistrict Litigation, was filed
with the Court. Shortly before the transfer order was docketed with the Court,
BIPI filed notices of non-opposition to the above captioned plaintiffs’ motions to
remand to state Court. Accordingly, the pending motions to remand are no longer
in dispute. The Court therefore ORDERS as follows:
The above referenced plaintiffs’ motions to remand to state court are
GRANTED.
FURTHER, the Clerk of the Court is instructed to REMAND the above
referenced cases back to the Superior Court of the State of Delaware, New Castle
County, pursuant to 28 U.S.C. § 1447(c). Lastly, the Court will not award
attorneys’ fees and costs associated with Plaintiff’s Motion to Remand. Plaintiff’s
memorandum fails to address the issue and the Court finds the matter waived.
IT IS SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2013.04.01
11:28:03 -05'00'
Chief Judge
United States District Court

Date: April 1, 2013

2