WHITE v. ORGANON USA, INC., et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall transfer this action under 28 U.S.C. 1406(a) to the United States District Court for the Western District of Pennsylvania.. Signed by Honorable Rodney W. Sippel on 12/20/11. (LGK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
ORGANON USA, INC., et al.,
Case No. 4:11CV2170 RWS
MEMORANDUM AND ORDER
The multijurisdiction litigation case In re NuvaRing Products Liability Litigation, MDL
1964 has been assigned to this Court. Plaintiff recently filed her complaint in this district under
the impression that venue is proper here because the MDL case is based in this Court.
Under 28 U.S.C. § 1391(a), when jurisdiction is founded only on diversity of citizenship,
as in the present case, the action may be brought only in 1) a judicial district where any
defendant resides, if all of the defendants reside in the same State; 2) a judicial district where a
substantial part of the events giving rise to the claim occurred; or 3) a judicial district in which
the defendant is subject to personal jurisdiction if there is no district in which the action may
otherwise be brought.
The complaint alleges that Plaintiff’s injury occurred in Duquesne, Pennsylvania. Based
on the numerous lawsuits filed in the United States District Court of New Jersey, all Defendants
allegedly reside / have a principal place of business in that state. As a result, it appears that the
proper venue of this lawsuit is in Pennsylvania.
I find that the interest of justice is best served by transferring this matter to the Western
District of Pennsylvania.
IT IS HEREBY ORDERED that the Clerk of Court shall transfer this action under 28
U.S.C. 1406(a) to the United States District Court for the Western District of Pennsylvania.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 20th day of December, 2011.
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