Christian v. AstraZeneca LP

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of Michigan ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb) [Case transferred in from Michigan Western; Case Number 1:12-cv-00081](SSch).

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

AUBREY LEE CHRISTIAN,
Plaintiff,
v.

Case No. 1:12-cv-81
Honorable Paul L. Maloney

ASTRAZENECA LP et al.,
ORDER OF TRANSFER
Defendants.
____________________________________/
This is a civil rights action brought by a state prisoner. On January 3, 2012, the
United States District Court for the Western District of Florida transferred Plaintiff’s action to the
Western District of Michigan. This Court has since granted Plaintiff leave to proceed in forma
pauperis, and Plaintiff has been directed to pay the initial partial filing fee when funds become
available.
Plaintiff presently is incarcerated at the Lakeland Correctional Facility but complains
of events that occurred at the Gus Harrison Correctional Facility. In his pro se amended complaint
(docket #18), Plaintiff sues Astrazeneca LP, Doctor Sandra Vonderembse and the Michigan
Department of Corrections (MDOC) - Health Services Division. Plaintiff alleges that he was injured
from taking the prescription drug Seroquel. Seroquel was produced by Astrazeneca LP and
prescribed to Plaintiff by Doctor Vonderembse. Plaintiff claims that Defendants Vonderembse and
the MDOC - Health Services Division failed to warn Plaintiff of Seroquel’s negative side effects.
For relief, Plaintiff requests two million dollars.

Plaintiff purports to bring his action based on diversity of citizenship, 28 U.S.C.
§ 1332.1 Under the revised venue statute, venue in diversity-of-citizenship cases lies in the district
in which any defendant resides or in which a substantial part of the events or omissions giving rise
to the claim occurred. 28 U.S.C. § 1391(a), (b). In his original complaint (docket #1), Plaintiff did
not specify where a substantial part of the events arising from his complaint occurred. To determine
proper venue, the district court ordered Plaintiff to show cause. In his answer (docket #8), Plaintiff,
once again, did not provide the district court with any information concerning the events of his
action. The district court found Plaintiff was housed at the Lakeland Correctional Facility in Branch
County, which is located in the geographical boundaries of the Western District of Michigan.
Without any allegations to determine proper venue, the United States District Court of the Western
District of Florida transferred Plaintiff’s case to the Western District of Michigan, as follows:
The drug Seroquel has previously been the subject of multidistrict litigation in this
Court and such cases were transferred by the Judicial Panel on Multidistrict
Litigation from other federal courts to this Court after they were filed in a court with
proper venue:
When civil actions involving one or more common questions of fact
are pending in different districts, such actions may be transferred to
any district for coordinated or consolidated pretrial proceedings.
Such transfers shall be made by the judicial panel on multidistrict
litigation authorized by this section upon its determination that
transfers [for] such proceedings will be for the convenience of parties
and witnesses and will promote the just and efficient conduct of such
actions.
28 U.S.C. § 1407.
(Report & Recommendation, docket #2, Page ID#26) (emphasis in original).

1

Section 1332 grants federal district courts original jurisdiction over civil actions in which the amount in
controversy exceeds $75,000.00 and the case is between citizens of different states or between citizens of a state and
foreign nationals or sovereigns. See 28 U.S.C. § 1332.

-2-

On February 13, 2012, Plaintiff filed an amended complaint in this Court. Plaintiff
added Defendants Sandra Vonderembse and MDOC - Health Services to his action and clarified that
his complaint arose from events at the Gus Harrison Correctional Facility. The Gus Harrison
Correctional Facility is located in Wayne County. See Leroy v. Great W. United Corp., 443 U.S.
173, 185-87 (1979). Wayne County is within the geographical boundaries of the Eastern District
of Michigan. 28 U.S.C. § 102(a). Because the action arose in the Eastern District of Michigan,
venue is proper in the Eastern District for the convenience of the parties. Accordingly, this Court
is transferring Plaintiff’s action to the Eastern District of Michigan. Therefore:
IT IS ORDERED that this case be transferred to the United States District Court for
the Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). It is noted that this Court has
not reviewed Plaintiff’s action under 28 U.S.C. §§ 1915(e)(2), 1915A, or under 42 U.S.C.
§ 1997e(c).
IT IS SO ORDERED.

Dated: March 8, 2012

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

-3-