United States District Court, E.D. Louisiana
IN RE XARELTO RIVAROXABAN PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Edward Davidson
Janssen Research & Development, LLC, et al., No. 17-3464
ORDER & REASONS
E. FALLON JUDGE
the Court is Plaintiff's Motion to Vacate Conditional
Transfer Order. R. Doc. 6412. Defendants have responded in
opposition. R. Doc. 6671. Having reviewed the parties'
briefs and the applicable law, the Court now issues this
Order & Reasons.
matter arises from damages Plaintiffs claim to have suffered
from the manufacture, sale, distribution, and/or use of the
medication known as Xarelto, an anti-coagulant used for a
variety of blood-thinning medical purposes. The Plaintiffs
have filed suits in federal courts throughout the nation
against Defendants, Bayer Corporation, Bayer HealthCare LLC,
Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare AG,
Bayer Pharma AG, and Bayer AG, Janssen Pharmaceuticals, Inc.,
Janssen Research & Development, LLC, Janssen Ortho LLC,
and Johnson & Johnson. The Plaintiffs specifically allege
that they or their family members suffered severe bleeding
and other injuries due to Xarelto's allegedly inadequate
Judicial Panel on Multidistrict Litigation determined that
the Plaintiffs' claims involved common questions of fact,
and that centralization under 28 U.S.C. § 1407 would
serve the convenience of the parties and witnesses and
promote the just and efficient conduct of the litigation.
Therefore, on December 12, 2014, the Judicial Panel on
Multidistrict Litigation consolidated the Plaintiffs'
Xarelto claims into a single multidistrict proceeding
(“MDL 2592”). MDL 2592 was assigned to Judge
Eldon E. Fallon of the United States District Court for the
Eastern District of Louisiana to coordinate discovery and
other pretrial matters in the pending cases. Subsequent
Xarelto cases filed in federal court have been transferred to
this district court to become part of MDL 2592 as “tag
along” cases; at present the Court has approximately
20, 000 cases in the Xarelto MDL. The Court appointed
committees to represent the parties. The Court adopted a
discovery plan and set bellwether trials to begin in April
2017. The first two trials involved Louisiana residents:
Joseph Boudreaux and Sharyn Orr. These trials were conducted
in New Orleans, Louisiana. The third bellwether trial was
conducted in Jackson, Mississippi, involving a Mississippi
resident: Dora Mingo. This motion relates to the individual
claims of Plaintiff Edward Davidson.
Plaintiff's Motion to Vacate Conditional Transfer Order
(R. Doc. 6412)
moves that the Court vacate the Conditional Transfer Order
and issue an order remanding the case to the United States
District Court for the Central District of California. R.
Doc. 6412 at 1. Plaintiff argues that this case was
improperly removed and was transferred to the MDL before
Plaintiff could file a remand motion. R. Doc. 6412-1 at 1.
Plaintiff argues that the federal court lacks subject matter
jurisdiction because there is not complete diversity between
the parties. R. Doc. 6412-1 at 1. Plaintiff alleges that he
is a resident of California and that named defendant,
McKesson Corporation is also a citizen of California because
it has its principal place of business in California. R. Doc.
6412-1 at 2. Therefore, Plaintiff requests that the Court
vacate the conditional transfer order. R. Doc. 6412-1 at 2.
Defendants' Response (R. Doc. 6671)
respond in opposition arguing that Plaintiff failed to timely
oppose the transfer. R. Doc. 6671 at 1. Defendants further
argue that only the JPML can vacate conditional transfer
orders. R. Doc. 6671 at 2. Defendant argues that because only
the court of appeals is permitted to review the JPML's
transfer with an extraordinary writ, this Court does not have
jurisdiction to review the JPML transfer. R. Doc. 6671 at 2.
Therefore, Defendants request that the Court deny
Plaintiff's motion. R. Doc. 6671 at 2.
LAW & ANALYSIS
JPML Rules of Procedure state that “[a]ny party
opposing [a] transfer shall file a notice of opposition with
the Clerk of the Panel within the 7-day period.”
J.P.M.L. Rule 7.1(c). “Failure to respond to a
[transfer order] shall be ...