Williams v. Wyeth LLC ( 2013 )


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  •                              UNITED STATES DISTRICT COURT
    EASTERN DISTRICT OF MISSOURI
    EASTERN DIVISION
    SCOTT DUBE, and                                   )
    DAWN DUBE,                                        )
    )
    Plaintiffs,                           )
    )
    )
    vs.                                         )          Case No. 4:12CV1912 ERW
    )
    WYETH LLC, et al.,                                )
    )
    )
    Defendants.                           )
    MEMORANDUM AND ORDER
    This matter comes before the Court for oral argument on Plaintiffs’ pending Motions to
    Transfer [ECF No. 39]. Plaintiffs have brought actions against numerous brand name and
    generic pharmaceutical manufacturers (collectively referred to as “Wyeth Defendants” or
    “Defendants”), seeking damages for personal injuries suffered as a result of being exposed to the
    prescription drug Reglan®, or its generic equivalent, metoclopramide. On January 23, 2013,
    claims against Defendant Morton Grove Pharmaceuticals, Inc., and Defendant Wockhardt USA,
    LLC, were dismissed with prejudice [ECF No. 51].
    I. BACKGROUND
    Originally, Plaintiffs’ cases had been joined with other Reglan® cases in a State court
    civil action filed on February 22, 2012, and styled Jannett Anderson, et al. v. Wyeth LLC, et al.,
    No. 1222-CC-00910 [ECF No. 1]. As originally filed, and in subsequently amended filings, the
    case lacked complete diversity because certain plaintiffs were citizens of the same state as certain
    defendants. However, on August 8, 2012, the State Court entered an Order severing the
    Anderson plaintiffs and granting leave to file separate amended petitions [ECF Nos. 1-1, 24-3].
    In its Order Regarding Motion to Sever, the State Court found joinder of the plaintiffs’ claims
    was improper, due to factual differences presented by the various individual plaintiff’s claims,
    and to the situation presented by multifarious claims being brought against many manufacturer
    defendants. Plaintiffs filed their separate petitions on October 3, 2012. Defendants thereafter
    removed Plaintiffs’ cases to Federal Court on diversity grounds, pursuant to 
    28 U.S.C. §§ 1332
    (a)(3); 1441(a), (b); and 1446, on October 23 [ECF Nos. 1, 24-4].
    On or about October 30, 2012, Plaintiffs filed Motions to Remand, contending that
    Defendants’ removal was barred because it was not timely filed within 30 days from
    ascertainment that the case had become removable [ECF No. 23]. They asserted that the actions
    should be remanded, pursuant to 
    28 U.S.C. § 1447
    , to the Circuit Court for the Twenty-Second
    Judicial Circuit, because Defendants’ removal was not timely filed in accordance with 
    28 U.S.C. § 1446
    (b). On the Court’s own motion, and in the interest of judicial economy, the individual
    Reglan® cases were consolidated before this Court on December 13, 2012, for purposes of
    hearing and ruling on the Motions to Remand only [ECF No. 37]. The Administrative Order
    consolidating the cases directed that all future filings related to the remand issue were to be filed
    only in Case No. 4:12CV1912 ERW, Dube et al., v. Wyeth et al. [ECF No. 37].
    Wyeth Defendants filed a Motion to Transfer Venue Pursuant to 
    28 U.S.C. § 1404
    (a) in
    Dube, moving the Court to transfer the action to the United States District Court for the Middle
    District of Florida, and requesting oral argument [ECF No. 39]. Plaintiffs filed their
    Memorandum in Opposition to Motion to Transfer on December 19, 2012 [ECF No. 41]. In their
    Memorandum, Plaintiffs requested the Court to stay consideration of Defendants’ Motion to
    Transfer, until the Court ruled on their Motion to Remand and determined the threshold issue of
    2
    subject matter jurisdiction. Plaintiffs claimed that the interests of judicial economy would be
    best served by such a stay, asserting that, otherwise, the sixty-nine (69) Motions to Transfer
    would be decided piecemeal by numerous courts across the country. In their Reply, Defendants
    argued that the Middle District of Florida has the greatest interest in resolving the dispute among
    the parties, and stated that the Court was not bound to decide jurisdictional issues in any certain
    order.
    A motion hearing regarding the Motions to Remand was conducted on January 28, 2013
    [ECF No. 52]. On February 19, the Court denied Plaintiffs’ Motion to Remand [ECF No. 69].
    The Court found that Defendants’ Motions to Transfer exceeded the scope of the December 13
    Order consolidating the cases, and declined to issue a ruling on the motions.
    Thereafter, on the Court’s own motion, and in the interests of judicial economy, fifty-four
    (54) Reglan® cases were consolidated before this Court for purposes of hearing and ruling on the
    Motions to Transfer and other motions related to the Motions to Transfer only [ECF No. 70].
    II. DISCUSSION
    In their Motion to Transfer Venue, Wyeth Defendants move the Court to transfer Dube v.
    Wyeth to the United States District Court for the Middle District of Florida, and request oral
    argument [ECF No. 39]. Defendants contend that the factors to consider, when deciding whether
    transfer is appropriate under 
    28 U.S.C. § 1404
    (a), favor transfer to the Middle District of Florida.
    Defendants state that the action has no connection to Missouri, as Plaintiffs do not reside here;
    none of the defendants are Missouri residents; and Plaintiffs have not alleged that they purchased
    or ingested the pharmaceuticals in Missouri, or that they incurred injury or received medical care
    in Missouri. Defendants assert that neither Plaintiffs nor their claims have a connection to this
    district.
    3
    Plaintiffs filed a Memorandum in Opposition to Motions to Transfer on March 7, 2013,
    again contending that the motions should be denied because the interests of judicial economy
    favor litigating related cases in the same court to avoid piecemeal litigation. They also argue that
    Plaintiffs’ choice of forum should be given considerable deference because Plaintiffs and
    Defendants are from different states, and consequently, there is no choice of forum that will
    avoid imposing inconvenience [ECF No. 76]. The parties presented oral argument on the
    Motions to Transfer on March 14, 2013, and the Court took the matter under advisement.
    When deciding a motion to transfer pursuant to 
    28 U.S.C. § 1404
    (a), courts must consider
    three factors: 1) the convenience of the parties; 2) the convenience of the witnesses; and 3) the
    interest of justice. Terra Int’l, Inc. v. Miss. Chem. Corp., 
    119 F.3d 688
    , 691 (8th Cir. 1997).
    However, courts are not limited to just these enumerated factors, and they have recognized the
    importance of a case-by-case evaluation of the particular circumstances presented and of all
    relevant case-specific factors. In re Apple, Inc., 
    602 F.3d 909
    , 912 (8th Cir. 2010). The party
    requesting transfer has the burden to show that the balance of these factors favors it. Moretti v.
    Wyeth, 
    2008 WL 732497
     at *1 (D. Minn. March 17, 2008).
    Plaintiffs do not dispute that this case might have been brought in the Middle District of
    Florida, therefore, this Court shall evaluate the relevant transfer factors. In this evaluation, the
    interests-of-justice factor is weighed very heavily. 
    Id. at *2
    . Although a presumption in favor of
    plaintiff’s forum choice usually exists, the plaintiff’s choice is afforded significantly less
    deference when the plaintiff does not reside, and the underlying events did not occur, in the
    chosen forum. 
    Id. at *1
    . Here, the Dube plaintiffs are residents of Manatee County, Florida, and
    they do not have any apparent connection to Missouri [ECF No. 1]. No defendant is a Missouri
    corporation, no defendant has its principal place of business in Missouri, and neither party
    4
    identified any witnesses residing in Missouri [ECF Nos. 1, 1-2, 39]. Furthermore, the events
    giving rise to this litigation did not occur in Missouri, and Plaintiffs have not alleged or shown
    any connection to Missouri, other than their choice to file here, and their retention of local
    counsel. Because no relevant connection exists between Missouri and the plaintiffs, the
    defendants, potential witnesses, or the dispute, Plaintiffs’ forum choice is entitled to minimal
    weight, and is outweighed by the lack of connection between the action and Missouri. The Dube
    plaintiffs and most key fact witnesses, such as treating physicians, reside in Florida. The
    underlying events related to Plaintiffs’ injuries allegedly caused by their drug ingestion occurred
    in Florida. Consequently, Court finds that the citizens and court of Florida have a greater interest
    in adjudicating this case.
    In addition to the choice-of-forum factor, courts consider judicial economy, the costs of
    litigating in each forum, obstacles to a fair trial, and choice of law issues, under the “interests of
    justice” category. 
    Id. at *2
    . Plaintiffs contend that judicial economy favors litigating related
    cases in the same court, rather than litigating them piecemeal [ECF No. 76]. They further claim
    that the cases should be litigated in the same court because they contain common issues,
    asserting that: 1) the cases have the same theories of liability; 2) the cases share many of the
    same defendants, and 3) the plaintiffs have suffered similar injuries. Plaintiffs argue that denying
    Defendants’ Motions to Transfer “is a matter of convenience and economy in administration”
    [ECF No. 76 at 4].    However, Defendants contend, and the Court agrees, that the comparative
    costs of litigation favor transfer, again noting the increased travel expenses for witnesses
    litigating in Missouri would involve. The Court finds that Plaintiffs’ judicial economy argument
    fails to acknowledge the practical reality of fixing the place of trial in a forum where litigants
    cannot compel personal attendance of nonparty witnesses and may face the prospect of trying
    5
    their cases on depositions; such a choice is almost assured to create a condition unsatisfactory to
    court, jury, and most litigants. Because the Complaint brings state law claims against
    Defendants, Florida law applies; thus, the conflicts of law issues, and the local court’s advantage
    in determining the case, favor transfer. The Court finds that the interests of justice are better
    served if Plaintiffs’ actions are transferred to the home state forums of the individual plaintiffs.
    Regarding convenience to the parties and witnesses, Plaintiffs merely assert“the plaintiffs
    and defendants are from different states and consequently there is no choice of forum that will
    avoid imposing inconvenience.” Section 1404(a) provides for “transfer to a more convenient
    forum, not a forum likely to prove equally convenient or inconvenient[.]” Moretti, 
    2008 WL 732497
     at *1. As noted above, neither party has identified a witness who is a resident of
    Missouri. Defendants contend that no defendant was a resident of the state to which Defendants
    are seeking transfer, and Defendants assert, without contradiction by Plaintiffs, that the drug in
    Dube, and the drug in all of the individual plaintiff cases consolidated with Dube for purposes of
    Defendants’ Motions to Transfer, were prescribed and taken in the individual plaintiffs’ home
    states. Defendants further claim, without contradiction by Plaintiffs, that the injuries of the Dube
    plaintiffs, and the injuries of all of the other plaintiffs in the consolidated cases, were incurred in
    the individual plaintiffs’ home states, and that all of the plaintiffs were treated in their home
    states. As well, Defendants argue that records availability, and conduct location, favor transfer to
    the home states as the more convenient forums; although this factor does weigh in favor of
    transfer, technological advances have significantly reduced the weight afforded this factor in the
    balance of convenience analysis. However, Defendants also stress the difficulty in getting full
    and complete responses from out-of-state medical providers, which raises practical
    considerations that could make the trial process more difficult, more expensive, and less
    6
    expeditious, should be cases be tried in the Eastern District of Missouri. Importantly, as
    mentioned above, key nonparty witnesses, such as the Plaintiffs’ medical care providers, would
    not be subject to this Court’s subpoena power, and that, even if those witnesses could be
    persuaded to travel to Missouri, the costs of travel would be expensive. See Burnett v. Wyeth
    Pharm., Inc., 
    2008 WL 732425
     at *2 (D. Minn. March 17, 2008) (venue in plaintiffs’ home state,
    where treating providers also resided, was more convenient for most witnesses, and would ensure
    live testimony of critical fact witnesses located in that forum). The Court finds that Plaintiffs’
    home states are more convenient forums than the Eastern District of Missouri. Consequently,
    these two factors, convenience of the parties, and convenience of the witnesses, weigh in favor of
    transfer.
    In sum, Plaintiffs’ choice of forum is not entitled to deference in these cases. Rather,
    Defendants’ choices of forum, which are the Plaintiffs’ home forums, are afforded significant
    weight because inconvenience would not be shifted to Plaintiffs. Most importantly, the vast
    majority of the operative facts giving rise to Plaintiffs’ action occurred in their home forums,
    giving those forums a greater interest in deciding the case. The convenience of non-party
    witnesses is also a strong factor favoring transfer, as Plaintiffs’ medical providers, key fact
    witnesses, reside outside the 100-mile subpoena range of the Eastern District of Missouri, and
    thus may be unavailable for live testimony at trial. The Court will grant Defendants’ Motions to
    Transfer.
    Accordingly, for the reasons set forth above, the Court concludes that, for the
    convenience of the parties and witnesses, and in the interest of justice, this case, Dube v. Wyeth,
    4:12CV01912 ERW, should be transferred to the Middle District of Florida. The operative facts
    of the consolidated cases differ only in the location of the plaintiffs’ home forums. The Court
    7
    finds that the analysis and reasoning set forth as to the facts of Dube are equally applicable to the
    facts of the consolidated cases listed in Appendix A, attached to this Memorandum and Order
    and incorporated herein by reference. Therefore, the Court further concludes that, for the
    convenience of the parties and witnesses, and the interest of justice, the consolidated cases
    should be transferred to the appropriate home state forum of the individual plaintiffs.
    IT IS HEREBY ORDERED that Defendants’ Motion to Transfer [ECF No. 39] is
    GRANTED. The case, Dube v. Wyeth, 4:12CV01912 ERW shall be transferred to the United
    States District Court for the Middle District of Florida. The consolidated cases listed in
    Appendix A, attached to this Memorandum and Order, and incorporated herein by reference,
    shall be transferred to the appropriate home state forum of the individual plaintiffs.
    Dated this    20th   day of March, 2013.
    E. RICHARD WEBBER
    SENIOR UNITED STATES DISTRICT JUDGE
    8
    APPENDIX A
    1.     Agresta, Kathleen v. Wyeth, et al. 4:12CV01947 JAR          E.D. Virginia
    2.     Anderson, Jannett v. Wyeth, et al. 4:12CV01952 SNLJ         S.D. Mississippi
    3.     Bundy, Bonnie v. Wyeth, et al. 4:12CV01968 HEA              D. Montana
    4,     Burns, Shirley v. Wyeth, et al. 4:12CV01963 CAS             D. South Carolina
    5.     Dalton, Travis v. Wyeth, et al. 4:12CV01932 HEA             D. Utah
    6.     Dalton, Francesca v. Teva, et al. 4:12CV01913 CDP           N.D. Ohio
    7.     Day, Virginia v. Wyeth, et al. 4:12CV01959 RWS              S.D. Mississippi
    8.     Devore, Tabitha, et al. v. Wyeth, et al. 4:12CV01961 RWS    S.D. Florida
    9.     Dube, Scott, et al. v. Wyeth, et al. 4:12CV01912 ERW        M.D. Florida
    10.    Gonzales, Sarah v. Wyeth, et al. 4:12CV01929 RWS            E.D. North Carolina
    11.    Hall, Mary v. Wyeth, et al. 4:12CV01919 RWS                 S.D. Mississippi
    12.    Harow, Barbara v. Wyeth, et al. 4:12CV01943 AGF             D. Arizona
    13.    Hart, Ernestine v. Wyeth, et al. 4:12CV01964 CDP            S.D. Alabama
    14.    Heughan, Floyd v. Wyeth, et al. 4:12CV01955 JAR             M.D. Tennessee
    15.    Hill, Barbara, et al. v. Wyeth, et al. 4:12CV01975 JAR      N.D. Mississippi
    16.    Hill, David, et al. v. Wyeth, et al. 4:12CV01917 ERW        M.D. Tennessee
    17.    Hills, Jewell, et al. v. Wyeth, et al. 4:12CV01973 CAS      S.D. Ohio
    18.    Hinojosa, Judith, et al. v. Wyeth, et al. 4:12CV01960 RWS   S.D. Texas
    19.    Hipp, Randy v. Wyeth, et al. 4:12CV01969 NAB                N.D. Texas
    20,    Hollis, Betty v. Wyeth, et al. 4:12CV01972 CAS              S.D. Texas
    21.    Hood, Mary v. Wyeth, et al. 4:12CV01923 SNLJ                D. Nevada
    22.    Hoover, Bonnie v. Wyeth, et al. 4:12CV01966 HEA             W.D. Virginia
    23.    Hopkins, Helen v. Wyeth, et al. 4:12CV01956 AGF             N.D. Ohio
    24.    Insco, Debra v. Wyeth, et al. 4:12CV01950 RWS               W.D. Michigan
    25.    Johns, Bettye v. Wyeth, et al. 4:12CV01926 AGF              N.D. Mississippi
    26.    Johnson, Karen v. Wyeth, et al. 4:12CV01974 AGF             S.D. Ohio
    27.    Kalanquin, Diana v. Wyeth, et al. 4:12CV01927 CAS           D. Connecticut
    28.    Krick, Lee, et al. v. Wyeth, et al. 4:12CV01930 SNLJ        W.D. Washington
    29.    Langley, Tony v. Wyeth, et al. 4:12CV01970 CDP              E.D. North Carolina
    30.    Lawrence, Stella, et al. v. Wyeth, et al. 4:12CV01976 CDP   E.D. Arkansas
    31.    Lyon, Velma, et al. v. Wyeth, et al. 4:12CV01931 CAS        E.D. Virginia
    32.    Maggio, Anthony v. Wyeth, et al. 4:12CV01971 FRB            M.D. Florida
    33.    Manning, Patricia v. Wyeth, et al. 4:12CV01920 SNLJ         S.D. Ohio
    34.    Maples, Rita, et al. v. Wyeth, et al. 4:12CV01945 RWS       E.D. Tennessee
    35.    Miller, Tiffany, et al. v. Wyeth, et al. 4:12CV01925 CDP    W.D. Wisconsin
    36.    Mills, Lola v. Wyeth, et al. 4:12CV01922 CAS                W.D. Texas
    37.    Morgan, Keith v. Wyeth, et al. 4:12CV01958 RWS              M.D. North Carolina
    38.    Nance, Carroll, et al. v. Wyeth, et al. 4:12CV01936 CDP     M.D. North Carolina
    39.    Paynes, Carolyn, et al. v. Wyeth, et al. 4:12CV01918 CDP    E.D. Michigan
    40.    Peterson, Michael, et al. v. Wyeth, et al.4:12CV01939CDP    S.D. West Virginia
    41.    Porter, Jackie v. Wyeth, et al. 4:12CV01941 AGF             D. South Carolina
    42.    Ramirez, Ricardo v. Wyeth, et al. 4:12CV01946 CDP           C.D. California
    43.``   Saunders, Jr., Paul v. Wyeth, et al. 4:12CV01915 CAS        W.D. Virginia
    44.    Scott, Harold v. Wyeth, et al. 4:12CV01940 JAR              S.D. Indiana
    9
    45.   Smith, Jimmie v. Wyeth, et al. 4:12CV01954 CAS            E.D. Kentucky
    46.   Todd, Martha v. Wyeth, et al. 4:12CV01933 HEA             N.D. Oklahoma
    47.   Torres, Daniel v. Wyeth, et al. 4:12CV01944 CDP           E.D. Michigan
    48.   Wells, Emma v. Wyeth, et al. 4:12CV01949 CDP              D. South Carolina
    49.   Whitaker, Wava v. Wyeth, et al. 4:12CV01924 JAR           E.D. Michigan
    50.   Williams, Ricky v. Wyeth, et al.4:12CV01938 SNLJ          D.C.C.Wash., D.C.
    51.   Williamson, Roy, et al. v. Wyeth, et al. 4:12CV01951RWS   S.D. Iowa
    52.   Winters, Mary, et al. v. Wyeth, et al. 4:12CV01934 SNLJ   C.D. California
    53.   Wolfe, Daniel, et al. v. Wyeth, et al. 4:12CV01937 ERW    S.D. Iowa
    54.   Woods, Linda v. Wyeth, et al. 4:12CV01928 AGF             N.D. Alabama
    10
    

Document Info

Docket Number: Civil Action No. 2013-0388

Judges: ordered) by Judge James E. Boasberg

Filed Date: 3/20/2013

Precedential Status: Precedential

Modified Date: 10/30/2014