Opinion
Case No. C 01-4181 MMC ARB.
July 8, 2004
Peter H. Mason, Douglas W. Sterm, Nicole K. Asch, Adam P. Zaffos, FULBRIGHT JAWORSKI L.L.P. Los Angeles, California, for Attorneys for Defendant BAYER CORPORATION.
STIPULATION FOR TRANSFER OF VENUE; ORDER THEREON
Plaintiffs Sandra Mustoe and Defendant Bayer Corporation, through their respective counsel of record, stipulate as follows with regard to their joint request that this matter be transferred to the United States District Court for the Eastern District of California, Sacramento Division.
RECITALS
1. This action was originally filed by plaintiffs in this district. The action was subsequently transferred to MDL 1407, In re Phenylpropanolamine (PPA) Products Liability Litigation, pending before the Honorable Barbara Rothstein, United States District Judge for the Western District of Washington at Seattle.
2. The proceedings before Judge Rothstein have been completed, and this matter has recently been remanded to this court for further proceedings.
3. Upon consultation between counsel for the parties in preparation of the Joint Case Management Statement, the parties recognized that this matter should have been initiated and prosecuted in the United States District Court for the Eastern District of California, Sacramento Division.
4. At the time of the events relevant to the lawsuit, plaintiffs resided in the Modesto, California area, located in the Eastern District of California. All medical services provided to plaintiff which are relevant to this action were provided by medical personnel located in the Modesto, California area, located in the Eastern District of California, Sacramento Division. All percipient witnesses presently identified reside in the Modesto, California area, located in the Eastern District of California.
5. It is more convenient for the parties and the witnesses if this matter is tried in the Eastern District of California, Sacramento Division.
6. No rulings of a substantive nature have been made by this court, and the parties do not believe that there will be any waste of judicial resources, loss of efficiency, duplication of effort by the court or other burdens upon the judicial system by the transfer of this action in the Eastern District of the State of California, Sacramento Division.
7. Plaintiffs and defendants therefore request that this Court transfer this matter to the United States District Court for the Eastern District of California, Sacramento Division.
THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:
1. The United States District Court for the Northern District of California is therefore requested to order this matter transferred to the United States District for the Eastern District of California, Sacramento Division.
IT IS SO STIPULATED:
ORDER
Based upon the foregoing stipulation of the parties, and good cause appearing therefore, it is hereby ordered as follows:1. This matter is ordered transferred to the United States District Court for the Eastern District of California, Sacramento Division.