Clifton et al v. Novartis Pharmaceuticals Corporation DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.
Filing
13
ORDER Transferring case to the United States District Court for the District of Arizona.(Written Opinion). Signed by Senior Judge David S. Doty on 12/1/2014. (PJM)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 09-3594(DSD/TNL)
Dianna Clifton and
Ken Clifton,
Plaintiffs,
ORDER
v.
Novartis Pharmaceuticals
Corporation,
Defendant.
On October 28, 2014, the court requested briefing from the
parties regarding whether transfer was appropriate under 28 U.S.C.
§ 1404(a) and, if so, to which district the action should be
transferred.
The
parties
concur
that
the
case
should
be
transferred to the United States District Court for the District of
Arizona.
The court agrees.
Transferring this case will promote the interests of justice
and the convenience of the parties.
within the District Arizona.1
Plaintiff Ken Clifton resides
The majority of Dianna Clifton’s
healthcare providers also reside in Arizona.
The majority of
events giving rise to this lawsuit occurred in Arizona.
Indeed,
defendant concedes that Arizona has the closest connection to this
case.
1
Moreover, neither party argues that a transfer will result
Plaintiff Dianna Clifton died on August 10, 2010.
Mr.
Clifton maintains this action on his own behalf and on behalf of
his wife.
in prejudice, and the court foresees none.
The main effect of a
transfer will be to place the parties in a forum that has some
connection to the underlying dispute and is more convenient for the
parties.
As a result, transfer to the District of Arizona is the
just outcome.
Accordingly, based upon the files, records, and proceedings
herein, IT IS HEREBY ORDERED that this case is transferred to the
United States District Court for the District of Arizona.
Dated:
December 1, 2014
s/David S. Doty
David S. Doty, Judge
United States District Court
2
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