December 10, 2013
IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION.
Bayer Healthcare Pharmaceuticals Inc. No. 3:13-cv-20026-DRH-PMF. This Document Relates to: Bennett et al
DAVID R. HERNDON, Chief District Judge.
This matter is before the Court on the plaintiff's motion seeking to remand to the Northern District of Georgia or for voluntary dismissal so she can refile in the Northern District of Georgia (Doc. 46). The Court agrees with the defendant on this matter. The plaintiff is not entitled to remand to the Northern District of Georgia, or to a de facto remand by allowing her to dismiss her case and refile in that district.
As noted by the defendant, in determining whether to issue a suggestion of remand to the JPML, transferee courts are "guided by the standards for remand employed by the Panel." In re Bridgestone/Firestone, Inc., 128 F.Supp.2d 1196, 1197 (S.D. Ind. 2001). The party seeking remand "has the burden of establishing that such remand is warranted." See, e.g., In re Integrated Res., Inc. Real Estate Ltd. P'ships Sec. Litig., 851 F.Supp. 556, 562 (S.D.N.Y. 1994). Further, the JPML will remand an action "prior to the completion of coordinated or consolidated pretrial proceedings only upon a showing of good cause." In re S. Cent. States Bakery Prods. Antitrust Litig., 462 F.Supp. 388, 390 (J.P.M.L. 1978).
In the instant case, the plaintiff's pretrial proceedings are nowhere near completed and the plaintiff has not shown good cause for remand. Accordingly, the plaintiff's motion is DENIED.