IN RE YASMIN AND YAZ (DROSPIRENONE) MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION, 3:09-md-02100-DRH-PMF. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150330a35
Visitors: 14
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: ORDER DAVID R. HERNDON , District Judge . Presently before the Court is defendants' Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction filed in accord with Case Management Order Number 70 ("CMO 70") (MDL 210 Doc. 3634). In accord with CMO 70 the plaintiff was given 14 days to respond. Counsel for plaintiff has filed a motion to withdraw as counsel of record (Doc. 7). No response has been filed to the motion to dismiss. Prior to considering the motion to withdraw, the
Summary: ORDER DAVID R. HERNDON , District Judge . Presently before the Court is defendants' Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction filed in accord with Case Management Order Number 70 ("CMO 70") (MDL 210 Doc. 3634). In accord with CMO 70 the plaintiff was given 14 days to respond. Counsel for plaintiff has filed a motion to withdraw as counsel of record (Doc. 7). No response has been filed to the motion to dismiss. Prior to considering the motion to withdraw, the C..
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ORDER
DAVID R. HERNDON, District Judge.
Presently before the Court is defendants' Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction filed in accord with Case Management Order Number 70 ("CMO 70") (MDL 210 Doc. 3634). In accord with CMO 70 the plaintiff was given 14 days to respond. Counsel for plaintiff has filed a motion to withdraw as counsel of record (Doc. 7). No response has been filed to the motion to dismiss.
Prior to considering the motion to withdraw, the Court must determine whether it has jurisdiction. It is evident that diversity jurisdiction is lacking; accordingly, defendants' motion must be granted. In the instant case, the plaintiff alleges that she is a citizen of New Jersey. Defendant Bayer Healthcare Pharmaceuticals Inc. is also a citizen of New Jersey. Accordingly, complete diversity is lacking and the action must be dismissed. See Wisconsin Dep't of Corr. v. Schacht, 524 U.S. 381, 388 (1998) (Breyer, J.) (complete diversity exists "only if there is no plaintiff and no defendant who are citizens of the same state").
As the Court has no jurisdiction over this matter, the Court will not consider the motion to withdraw as counsel.
For the foregoing reasons, defendants' motion to dismiss for lack of subject matter jurisdiction is GRANTED. The matter is DISMISSED for lack of subject matter jurisdiction.
IT IS SO ORDERED.
Source: Leagle
