Bell v. Wyeth et al

Filing 10

ORDER This action is TRANSFERRED to the United States District Court for the District of Utah (Written Opinion). Signed by Judge Ann D. Montgomery on 06/12/2014. (TLU) [Transferred from Minnesota on 6/12/2014.]

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Charlotte Bell,
Plaintiff,
ORDER
Civil Case No. 08-4722 ADM/FLN

v.
Wyeth and its division Wyeth
Pharmaceuticals, Inc.
Defendants.

Brant D. Penney, Esq., Reinhardt Wendorf & Blanchfield, Saint Paul, MN, on behalf of Plaintiff.
Carrie L. Hund, Esq., and Edward F. Fox, Esq., Bassford Remele, PA, Minneapolis, MN, on
behalf of Defendants.

This matter is before the undersigned United States District Court Judge to address the
transfer of this action. On May 9, 2014, the Court directed the parties to submit briefing to
address whether this matter should be transferred under 28 U.S.C. § 1404(a), and if so, to which
district. In a brief filed June 4, 2014 [Docket No. 9], Defendants Wyeth and its division Wyeth
Pharmaceuticals (together, “Wyeth”), stated they would not oppose a transfer of this action to
Plaintiff Charlotte Bell’s home district, the District of Utah. Bell did not file a brief.
Wyeth’s consent, and the underlying allegations in this case, warrant a transfer under §
1404(a). As alleged in the Complaint [Docket No. 1], none of the parties in this action are or
were domiciled in Minnesota, nor is there any other logical connection to this district.
Conversely, Bell resided at all relevant times in the District of Utah, and key events underlying
this action appear to have occurred in Utah. As a result, a transfer to the District of Utah will be
more convenient for the parties and witnesses. A transfer is also in the interest of justice, as
Utah has a strong public interest in the resolution of this suit. See 28 U.S.C. § 1404(a).

Based upon the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1.

This action is TRANSFERRED to the United States District Court for the
District of Utah.

2.

The Clerk of Court is directed to effect the transfer.
BY THE COURT:

s/Ann D. Montgomery
ANN D. MONTGOMERY
U.S. DISTRICT JUDGE
Dated: June 12, 2014.

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