Detroit v. Bayer Healthcare, LLC et al

Filing 24

ORDER denying 14 Motion to Remand Without Prejudice, signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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Plaintiffs,

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No. CV11-5089RBL
MDL No. 2100

HOLLY DETROIT,

ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S MOTION
TO REMAND [Dkt. # 14]

v.
BAYER HEALTHCARE, LLC, et al.,
Defendants.

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This matter is before the court on the Plaintiff’s Motion to Remand this case to State

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Court. This is a products liability case arising from the contraceptives “YAZ” and “Yasmin.”

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Defendant Bayer’s Motion to Stay this case pending transfer to the Multi District Litigation

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(MDL) Panel handling a number of these YAZ cases has already been GRANTED. [Dkt. #22].

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Plaintiff’s Motion to Remand is based on her claim that there is no diversity jurisdiction

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over the case. She argues that one of the defendants, The Vancouver Clinic, is, like her, a citizen

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of the State of Washington. Defendant Bayer’s removal of the case, and its opposition to

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remand, is based on its claim that The Vancouver Clinic was fraudulently joined for the sole

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purpose of defeating diversity. Bayer argues that Plaintiff does not have a reasonable possibility

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of succeeding on her claims against The Vancouver Clinic, and that that Defendant’s citizenship

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should be disregarded for purposes of diversity jurisdiction.

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Bayer also points out, persuasively, that the MDL Judge handling the YAZ cases is in

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turn handling all manner of pretrial Motions, including Motions to Remand, and resolving claims

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of fraudulent joinder. See Dkt. 12, at Exs E-J.

ORDER - 1

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The most efficient course is for this case to join the other YAZ cases in MDL. The

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Plaintiff’s Motion to Remand [Dkt. #14] is DENIED WITHOUT PREJUDICE. The case

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remains STAYED pending transfer to MDL. [See Dkt. #22]

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IT IS SO ORDERED.

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Dated this 5th day of May, 2011.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER - 2