Opinion

In Re Ditropan Xl Antitrust Litigation

  • 429 F. Supp. 2d 1364
  • 2006 U.S. Dist. LEXIS 45787
  • 2006 WL 1073421
Court
United States Judicial Panel on Multidistrict Litigation
Filed
Apr 17, 2006
Status
Published
On the bench
Wm. Terrell Hodges
Cited by
0 cases
Authority
More cited than 27.2%

The opinion

429 F.Supp.2d 1364 (2006)

In re DITROPAN XL ANTITRUST LITIGATION

City Of Fargo Health Trust Fund

v.

Alza Corp., N.D. California, C.A. No. 3:05-4684

Local 28 Sheet Metal Workers

v.

Alza Corp., N.D. California, C.A. No. 3:05-4758

United Food & Commercial Workers Union & Employers Midwest Health Benefits Fund

v.

Alza Corp., N.D. California, CA. No. 3:06-314

Jabo's Pharmacy, Inc.

v.

Johnson & Johnson, et al., E.D. Tennessee, C.A. No. 2:05-317

No. 1761.

Judicial Panel on Multidistrict Litigation.

April 17, 2006.

*1365 Before WM. TERRELL HODGES, [*] Chairman, JOHN F. KEENAN, D. LOWELL JENSEN, J. FREDERICK MOTZ, ROBERT L. MILLER, Jr., KATHRYN H. VRATIL and DAVID R. HANSEN, Judges of the Panel.

TRANSFER ORDER

JOHN F. KEENAN, Acting Chairman.

This litigation currently consists of three actions pending in the Northern District of California and another action pending in the Eastern District of Tennessee. [1] Before the Panel is a motion, pursuant to 28 U.S.C. § 1407 , brought by defendant Alza Corp. (Alza) for coordinated or consolidated pretrial proceedings of the actions in the Northern District of California. Alza's motion is unopposed.

On the basis of the papers filed and hearing session held, the Panel finds that these four actions involve common questions of fact, and that centralization under Section 1407 in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All *1366 actions involve allegations, made on behalf of putative multistate classes of purchasers of the drug Ditropan XL, that Alza engaged in a course of unlawful, anticompetitive conduct in order to exclude from the market generic versions of Ditropan XL, a sustained release version of oxybutynin, which is used to treat urinary incontinence. Plaintiffs bring their claims under various state unfair competition and/or antitrust laws. Centralization under Section 1407 is necessary in order to eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the Northern District of California is an appropriate transferee forum for this litigation. All but one of the actions, including potential tag-along actions, are already pending there. In addition, many of the relevant witnesses and documents are likely located in this district, where Alza is based.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407 , the action pending in the Eastern District of Tennessee is transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable Jeffrey S. White for coordinated or consolidated pretrial proceedings with the actions pending there.

NOTES

[*] Judge Hodges did not participate in the decision of this matter.

[1] The Panel has been notified of two related actions pending in the Northern District of California. These actions and any other related actions will be treated as potential tag-along actions. See Rules 7.4 and 7.5, R.P.J.P.M.L., 199 F.R.D. 425 , 435-36(2001). One of these two related actions was refiled there after voluntary dismissal of an additional action in the District of New Jersey that had been included in the Section 1407 motion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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