Guddeck ex rel. Guddeck v. SmithKline Beecham Corp.

34 F. Supp. 3d 990, 2014 WL 3630401, 2014 U.S. Dist. LEXIS 99337
CourtDistrict Court, D. Minnesota
DecidedJuly 22, 2014
DocketCivil File No. 13-2508 (MJD/LIB)
StatusPublished

This text of 34 F. Supp. 3d 990 (Guddeck ex rel. Guddeck v. SmithKline Beecham Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guddeck ex rel. Guddeck v. SmithKline Beecham Corp., 34 F. Supp. 3d 990, 2014 WL 3630401, 2014 U.S. Dist. LEXIS 99337 (mnd 2014).

Opinion

ORDER

MICHAEL J. DAVIS, Chief Judge.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, dated May 13, 2014. [Docket No. 76] Plaintiff filed objections to the Report and Recommendation. [Docket No. 79]

Pursuant to statute, the Court has conducted a de novo review upon the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court adopts the Report and Recommendation of United States Magistrate Judge Brisbois dated May 13, 2014.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:

1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois dated May 13, 2014 [Docket No. 76].
2. Plaintiffs Motion to Remand to State Court [Docket No. 53] is DENIED.

[992]*992REPORT AND RECOMMENDATION

LEO I. BRISBOIS, United States Magistrate Judge.

This matter came before the undersigned United States Magistrate Judge upon Plaintiffs Motion to Remand to State Court. [Docket No. 53] (hereinafter, “Motion to Remand”). The Motion has been referred to the undersigned Magistrate Judge for a report and recommendation, (see Order of Referral [Docket No. 59]), pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1. For reasons set forth below, the Court recommends that Plaintiffs Motion to Remand, [Docket No. 53], be DENIED.

I. BACKGROUND

The general background of this personal injury and product liability action was detailed in this Court’s November 18, 2013, Order, [Docket No. 52], and need not be repeated at length here. However, the procedural background of this case is directly relevant to this Report and Recommendation, and therefore, the Court notes the following:

The consolidated “Paxil Pregnancy Cases” against GlaxoSmithKline LLC, formerly known as SmithKline Beecham Corporation d/b/a GlaxoSmithKline (“Defendant” or “GSK”), were initiated on or about March 5, 2007, in the Court of Common Pleas of Philadelphia County, Pennsylvania (the “Pennsylvania State Court”). (Notice of Removal, Ex. A [Docket No. 1], at 25-56). Subsequently, and pursuant to the established procedure for the Paxil Pregnancy Cases, Julie Guddeck, on behalf of her daughter Kaylea Guddeck (“Plaintiff’), filed a Short-Form Complaint on or about September 30, 2011, in the Pennsylvania State Court. (Id., Ex B. [Docket No. 1], at 57-71). Defendant timely removed to the Eastern District of Pennsylvania on October 24, 2011 (the “2011 removal”). (Id. at 7). However, the District Court1 found that Defendant was a citizen of Pennsylvania and, therefore, that removal was barred by the resident-defendant rule. Patton v. SmithKline Beecham Corp., 2011 WL 6210724, 2011 U.S. Dist. LEXIS 143724 (E.D.Pa. Dee. 14, 2011). Following Judge Savage’s order of remand, the case proceeded in the Pennsylvania State Court.

Subsequently, upon conflicting decisions in the U.S. District Court for the Eastern District of Pennsylvania regarding Defendant’s citizenship, the issue was certified to the Third Circuit for interlocutory appeal. See Johnson v. SmithKline Beecham Corp., 853 F.Supp.2d 487, 491 (E.D.Pa.2012). On June 7, 2013, the Third Circuit held that Defendant was a citizen of Delaware, not Pennsylvania. Lucier v. SmithKline Beecham Corp., 724 F.3d 337 (3d Cir.2013). In light of the Lucier decision, Defendant again removed this case to Federal Court on June 26, 2013 (the “2013 removal”), and on the same day Defendant also moved to transfer venue to the District of Minnesota. (Notice of Removal, [Docket No. 1], at 5; Mot. Transfer [Docket No. 2]). Plaintiff again moved to remand to the Pennsylvania State Court and opposed any change in venue. (Mot. Remand [Docket No. 4]; Pl.’s Resp. Mot. Transfer [Docket No. 9]). This time, however, the District Court2 on July 24, 2013, denied the motion to remand. Guddeck v. SmithKline Beecham Corp., 957 F.Supp.2d 622 (E.D.Pa.2013) (hereinafter, “Guddeck I”).

Plaintiff did not move for reconsideration of Guddeck I within 14 days as provid[993]*993ed by the Eastern District of Pennsylvania’s Local Rule 7.1(g), and consequently, after the 14-day window to move for reconsideration had lapsed, the District Court granted Defendant’s motion to transfer the case to the District of Minnesota. Guddeck v. SmithKline Beecham Corp., 2013 WL 4197085, 2013 U.S. Dist. LEXIS 115069 (E.D.Pa. Aug. 14, 2013) (hereinafter, “Guddeck II ”).

After the case was transferred' to this District, Plaintiff moved for a temporary stay, [Docket No. 39], which this Court denied. (Order [Docket No. 52]). Meanwhile, this Court entered a Pretrial Scheduling Order, [Docket No. 48], and an Amended Pretrial Scheduling Older, [Docket No. 75], which now requires that remaining discovery be completed by August 23, 2014.

II. PLAINTIFF’S MOTION TO REMAND [Docket No. 53]

In her Motion, Plaintiff argues that because the 2013 removal occurred more than 1 year after the case was originally commenced, that removal was untimely under 28 U.S.C. 1446,3 and therefore, that the case must be remanded to the State Court in Pennsylvania. (See Docket No. 53). Additionally, Plaintiff argues that the 2013 removal was barred by 28 U.S.C. § 1447(d), which prohibits review of a remand order. {See PL’s Mem. [Docket No. 55], at 4, 9; Pl.’s Reply [Docket No. 63], at 1-8).

Because of the unusual manner in which this case and the present Motion to Remand, [Docket No. 53], arrive at this Court, it is important at the outset to identify those facts that are not in dispute. Plaintiff does not dispute that there is complete diversity among the parties; that the amount in controversy exceeds $75,000.00; and that, in light of Lucier, supra, the resident-defendant rule does not bar removal of the present case to the Federal courts. (Hr’g Tr. [Docket No. 71], at 7:25-9:21). In other words, if this was a new case filed in the Pennsylvania State Courts, Plaintiff concedes that it would be removable. Plaintiffs sole argument here is that the 2013 removal to the Eastern District of Pennsylvania was procedurally improper, both under 28 U.S.C. § 1446(b), which establishes time limits for removal, and under 28 U.S.C. § 1447(d), which prohibits review of an order of remand.

[994]*994For the reasons set forth below, the Court does not agree, and it recommends that Plaintiffs Motion to Remand, [Docket No. 53], be DENIED.

A. Procedural Posture

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Arizona v. California
460 U.S. 605 (Supreme Court, 1983)
American National Red Cross v. S. G.
505 U.S. 247 (Supreme Court, 1992)
Quackenbush v. Allstate Insurance
517 U.S. 706 (Supreme Court, 1996)
Caterpillar Inc. v. Lewis
519 U.S. 61 (Supreme Court, 1996)
Murphy v. FedEx National LTL, Inc.
618 F.3d 893 (Eighth Circuit, 2010)
Music v. Arrowood Indemnity Co.
632 F.3d 284 (Sixth Circuit, 2011)
In Re Bendectin Products Liability Litigation
749 F.2d 300 (Sixth Circuit, 1984)
Mark Barnes v. Westinghouse Electric Corporation
962 F.2d 513 (Fifth Circuit, 1992)
Blystone v. Horn
664 F.3d 397 (Third Circuit, 2011)
Rita Lindsey v. Dillard's, Inc.
306 F.3d 596 (Eighth Circuit, 2002)
Ariel Land Owners, Inc. v. Lori Dring Nancy Asaro
351 F.3d 611 (Third Circuit, 2003)
Horton v. Conklin
431 F.3d 602 (Eighth Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
34 F. Supp. 3d 990, 2014 WL 3630401, 2014 U.S. Dist. LEXIS 99337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guddeck-ex-rel-guddeck-v-smithkline-beecham-corp-mnd-2014.