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Barnes v. Bristol-Myers Squibb Co.

United States District Court, N.D. Indiana

August 1, 2017

KATHY BARNES, an individual, Plaintiff,
v.
BRISTOL-MYERS SQUIBB COMPANY; ASTRAZENECA PHARMACEUTICALS LP; MCKESSON CORPORATION; and DOES 1-50 INCLUSIVE Defendants. AND RELATED ACTIONS Tony Campbell
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-01872-JST; Anita Rochelle Holland
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv- 02430; Michael Miller
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-01870-JST; Lester Speights
v.
AstraZeneca Pharmaceuticals LP, et al., Case No. 3:17-cv-01873-JST; Nichole Wilcox
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-01662-JST; Robbie York
v.
Bristol-Myers Squibb Company, et al., Case No. 4:17-cv-01871-JST; Sheryle Christensen
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-03098-JST (in which Defendants are specially appearing); Donielle Cousins
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-03180-JST (in which Defendants are specially appearing); Norman Johnson
v.
Bristol-Myers Squibb Company, et al., Case No. 3:17-cv-03019-JST (in which Defendants are specially appearing).

          SANDERS PHILLIPS GROSSMAN, LLC, Timothy M. Clark Lauren Welling Attorneys for Plaintiffs

          KING & SPALDING LLP, Donald F. Zimmer, Jr. William E. Steimle Attorneys for Defendants

          STIPULATION FOR ORDER DENYING MOTION TO DISMISS AND GRANTING MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1404(A)

          HON. JON S. TIGAR, United States District Judge

         TO THE COURT AND ALL PARTIES:

         WHEREAS, Defendants AstraZeneca Pharmaceuticals LP (AstraZeneca) and Bristol-Myers Squibb Company (BMS) filed Motions to Dismiss for Lack of Personal Jurisdiction in the Barnes, Campbell, Holland, Miller, Speights, Wilcox, and York actions on May 26, 2017;

         WHEREAS, in the alternative, AstraZeneca, BMS, and McKesson Corporation argued that Plaintiffs' respective home states were a more convenient forum and that these cases should be transferred pursuant to 28 U.S.C. § 1404(a);

         WHEREAS, Defendants have yet to appear in the Christensen, Cousins, and Johnson cases, but would file the same motions in response to the complaints in those cases;

         WHEREAS, based on the Court's recent rulings denying Defendants' motions to dismiss for lack of personal jurisdiction and granting Defendants' motions to transfer in related actions Dubose v. Bristol-Myers Squibb, et al., Case No. 3:17-cv-00244-JST (Doc 39) and Cortina v. Bristol-Myers Squibb, et al., Case No. 3:17-cv-00247-JST (Doc 36), the parties anticipate that the Court will reach the same result with respect to Defendants' pending motions and in similar motions that would be filed in the Christensen, Cousins, and Johnson cases, because the motions are based on substantially similar factual circumstances;

         WHEREAS, while Defendants respectfully disagree with the Court's ruling denying their motion to dismiss and Plaintiffs respectfully disagree with the Court's ruling granting Defendants' motion to transfer, the parties agree to the following stipulation in an effort to conserve resources and minimize expense for the parties and the Court;

         NOW, THEREFORE, the Parties stipulate and agree that the Court will deny the motions to dismiss for lack of jurisdiction and will grant the motions to transfer the cases to the districts where Plaintiffs reside pursuant to 28 U.S.C. § 1404(a), as follows:

• Barnes, Kathy; Eastern District of Kentucky;
• Campbell, Tony; Eastern District of Tennessee;
• Holland, Anita Rochelle; Middle District of North ...

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