Austin v. Sanofi-Aventis U.S. LLC et al
Filing
18
ORDER AND REASONS deferring ruling on 8 Motion to Remand to State Court; granting 12 Motion to Stay. This matter is STAYED and ADMINISTRATIVELY CLOSED pending notification by the MDL Panel of its decision. Signed by Judge Lance M Africk on 6/10/2013. (blg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SHEILA AUSTIN
CIVIL ACTION
VERSUS
No. 13-566
SANOFI-AVENTIS, U.S., LLC ET AL.
SECTION I
ORDER AND REASONS
Before the Court is the motion1 filed by defendants, Sanofi-Aventis, U.S., LLC et al., for a
temporary stay of these proceedings pending a final ruling of the U.S. Judicial Panel on Multidistrict
Litigation (“MDL Panel”) with respect to the transfer of this case to MDL No. 2418. Also before
the Court is the motion2 to remand filed by plaintiff, Sheila Austin (“Austin”). For the following
reasons, defendants’ motion to stay is GRANTED. As such, the Court DEFERS ruling upon
plaintiff’s motion to remand.
BACKGROUND
Austin alleges that she used Plavix, a prescription drug, to treat symptoms related to a heart
attack and to prepare her for open heart surgery.3 According to Austin, Plavix caused her to
experience certain cardiovascular problems and specifically caused her to suffer a stroke during open
heart surgery.4
1
R. Doc. No. 12.
R. Doc. No. 8.
3
R. Doc. No. 1-3, at 5-6.
4
Id. at 6.
2
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On March 1, 2013, Austin filed this lawsuit in Louisiana state court.5 Defendants removed
the case to this Court on March 27, 2013, on the basis that a non-diverse defendant was improperly
joined.6
On February 12, 2013, the MDL Panel entered a transfer order pursuant to 28 U.S.C. § 1407,
assigning MDL No. 2418, In re Plavix Marketing, Sales Practices and Products Liability Litigation
(No. II), to the Honorable Freda Wolfson, U.S. District Judge for the District of New Jersey. See
2013 WL 565971. On April 12, 2013, the MDL Panel entered a conditional transfer order
transferring this matter to the U.S. District Court for the District of New Jersey.7 The MDL Panel
has not yet ruled on the transferability of this matter.8
On April 24, 2013, Austin filed a motion to remand, arguing that the non-diverse defendant
was not improperly joined and that complete diversity does not exist. On May 7, 2013, defendants
moved to stay the proceedings in this lawsuit pending conditional transfer to the MDL. Austin
opposes the stay solely on the basis that her pending motion to remand demonstrates a lack of
federal jurisdiction.9
LAW AND ANALYSIS
As Judge Fallon has explained:
The decision to grant or deny a temporary stay of proceedings
pending a ruling on the transfer of the matter to the MDL court lies
within this Court's discretion. It is advisable, however, for a district
court to defer the resolution of certain pretrial matters until the Panel
renders a decision with regard to whether a case should be transferred
5
Id.
R. Doc. No. 1, at 4.
7
R. Doc. No. 12-3.
8
E.g., R. Doc. No. 17, at 1.
9
Id. at 1-2.
6
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to the MDL court. See Manual for Complex Litigation § 31.131, at
252 (3d ed. 2000) (“[I]t may be advisable to defer certain matters
until the panel has the opportunity to rule on transfer.”). Deference
to the MDL court for resolution of these matters provides the
opportunity for the uniformity, consistency, and predictability in
litigation that underlies the multidistrict litigation system. See 28
U.S.C. § 1407.
The ability to stay proceedings “is incidental to the power inherent in
every court to control the disposition of the cases on its docket with
economy of time and effort for itself, for counsel, and for the
litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).
Scott v. Bayer Corp., No. 03-2888, 2004 WL 63978, at *1-2 (E.D. La. Jan. 12, 2004) (Fallon, J.).
While motions that raise “issues unique to the particular case may be appropriate for resolution
before the Panel acts on the motion to transfer,” the pendency of a motion that “rais[es] questions
common to related actions can itself be an additional justification for transfer.” Manual for Complex
Litigation § 20.132, at 220-21 (4th ed. 2004).
The Court concludes that a stay is appropriate because Austin’s motion to remand raises
questions that are common to related actions.10 Austin will not be unduly prejudiced if proceedings
in this Court, including a hearing of Austin’s motion to remand, are stayed pending a decision by
the MDL Panel as to the transferability of this case. In addition, staying all proceedings in this case
will serve the interests of judicial economy and minimize the risk of inconsistent rulings in related
cases. Accordingly, the Court will exercise its discretion and stay all proceedings in this case
pending a decision on the transfer of the case.
10
See R. Doc. No. 12-1, at 3-4 (citing cases).
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CONCLUSION
IT IS ORDERED that the Court DEFERS ruling upon plaintiff’s motion to remand.
IT IS FURTHER ORDERED that defendants’ motion for a temporary stay of these
proceedings pending a final ruling of the MDL Panel with respect to the transfer of this case to MDL
No. 2418 is GRANTED and that this matter is STAYED and ADMINISTRATIVELY CLOSED
pending notification by the MDL Panel of its decision.
New Orleans, Louisiana, June 10, 2013.
____________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
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