Brann et al v. Boehringer Ingelheim Pharmaceuticals, Inc. et al

Filing 33

TRANSFER ORDER to the MDL Panel. Case transferred to MDL #1836, to the District of Minnesota, assigned to the Honorable Michael J. Davis. (Beard, Melanie) [Transferred from Missouri Western on 4/16/2012.]

Case MDL No.

1836 Document l-25

Filed 04lL2lL2 Page L af 2

UNITED STATES JUDICIAL PANEL
on

MULTIDISTRICT LITIGATION
IN RE: MIRAPEX PRODUCTS LIABILITY LITIGATION
Pamela J. Brann, et al. v. Boehringer Ingelheim
Pharmaceuticals, Inc., et al.,

W.D. Missouri. C.A. No.4:Il-1212

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MDLNo.

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TRANSFER ORDER

1836

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Before the Panel:' Pursuant to Rule 7.1, plaintiffs in this action (Brann) move to vacate, in
its entirety, our order that conditionally (1) transfened the entire action to MDL No. 1836, and (2)
simultaneously separated and remanded to the transferor court plaintiffs' claims against certain
casino-related defendants (collectively the Casino Defendants).' The Casino Defendants also move
to vacate the order in its entirety, or, in the alternative, move to modify the order to transfer the entire
action to the MDL. The pharmaceutical company defendants2 rn Brann oppose both motions to
vacate, but do not object to the Casino Defendants' alternative request to transfer the entire action
to the MDL.
In opposing transfer, the Brannplaintiffs principally argue that the Panel should deny transfer
because their action was improperly removed from state court, and thus remand is inevitable.
Somewhat similarly, the Casino Defendants argue that the WesternDistrict ofMissouri court should
be permitted to rule on not only plaintiffs' remand motion but also the Casino Defendants' motion
to dismiss, as both motions involve essentially the same issue - whether plaintiffs fraudulently joined
the Casino Defendants in that there is no reasonable basis in fact or law supporting a claim against

them. Since plaintiffs and the Casino Defendants submitted their moving papers, however, the
Western District of Missouri court has ruled on both motions, denying remand and dismissing
plaintiffs' claims against the Casino Defendants.3

For these reasons and after consideration of all argument of counsel, we find that
Brann involves commonquestions offactwithactions inthis litigationpreviouslytransfenedto MDL
No. 1836, and that transfer will serve the convenience of the parties and witnesses and promote the

Judge John G. Heyburn

I

II took

no part in the decision of this matter.

Ameristar Casino Kansas City, Inc., IOC-Kansas-City, Inc., and The Missouri Gaming

Company.

2

Boehringer Ingelheim Pharmaceuticals, Inc., Pfizer Inc$Fher$dbtdfdtCt
& Uljohn Clmpany LLC (collectively the Pharmaceuti$AtrDeferfdnfs).

Pharmacia

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{,

Case MDL No. 1"836 Document

125

Filed

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Page 2 ot 2

-2just and efficient conduct ofthe litigation. Moreover, transfer is warranted for reasons set out in our
original order directtng centraluation. In that order, we held that the District of Minnesota was an
appropriate Section 1407 forum for actions "involv[ing] common factual allegations concerning the
alleged adverse side effects of the drug Mirapex, and the timeliness and adequacy of defendants'
warnings concerning those side effects." See In re: Mirapex Prods. Liab. Litig., 493 F. Supp. 2d
1376,1377 (J.P.M.L.2007). SimilartoplaintiffsinmanyactionspreviouslytransferredtotheMDL,
the Brann plaintiffs allege that the Pharmaceutical Defendants marketed and promoted Mirapex as
safe and effective for the treatment ofParkinson's disease andRestless Leg Syndrom, despite having
knowledge that the drug was associated with involuntary and addictive behaviors.
IT IS THEREFORE ORDERED thatpursuant to 28 U.S.C. $ 1407, this action, inits entirety,
is transferred to the District of Minnesota, and, with the consent of that court, assigned to the
Honorable Michael J. Davis for inclusion in the coordinated or consolidated pretrial proceedings.
IT IS FURTHERORDEREDthatthe Panel's conditionaltransferorderdesignatedas "CTO20" is deemed moot insofar as it directs that certain claims in this action be separated and remanded
to the Western District of Missouri.

PANEL ON MULTIDISTRICT LITIGATION

Kathryn H. Vratil
Acting Chairman
W. Royal Furgeson, Jr.
Paul J. Barbadoro
Charles R. Brever

Barbara S. Jones
Marjorie O. Rendell