Filed: Dec. 22, 2014
Latest Update: Dec. 22, 2014
Summary: ORDER INDIRA TALWANI, District Judge. On October 15, 2014, the court denied Plaintiff GlaxoSmithKline LLC's ("GSK") Renewed Cross-Motion for Summary Judgment [#61] and granted the Cherokee Nation's Cross-Motion for Summary Judgment [#64]. See Mem. & Order [#79]. The court's ruling was directed to GSK's First Cause of Action, by which GSK sought a declaratory judgment that the claims asserted against GSK in the Cherokee Nation's tribal court Petition were released claims under the Avandia Set
Summary: ORDER INDIRA TALWANI, District Judge. On October 15, 2014, the court denied Plaintiff GlaxoSmithKline LLC's ("GSK") Renewed Cross-Motion for Summary Judgment [#61] and granted the Cherokee Nation's Cross-Motion for Summary Judgment [#64]. See Mem. & Order [#79]. The court's ruling was directed to GSK's First Cause of Action, by which GSK sought a declaratory judgment that the claims asserted against GSK in the Cherokee Nation's tribal court Petition were released claims under the Avandia Sett..
More
ORDER
INDIRA TALWANI, District Judge.
On October 15, 2014, the court denied Plaintiff GlaxoSmithKline LLC's ("GSK") Renewed Cross-Motion for Summary Judgment [#61] and granted the Cherokee Nation's Cross-Motion for Summary Judgment [#64]. See Mem. & Order [#79]. The court's ruling was directed to GSK's First Cause of Action, by which GSK sought a declaratory judgment that the claims asserted against GSK in the Cherokee Nation's tribal court Petition were released claims under the Avandia Settlement Agreement. See Compl. ¶¶ 31-33 [#1]. The court found that the Cherokee Nation was not a Party to the Settlement Agreement and that the Cherokee Nation's claims were not released by the Settlement Agreement. See Mem. & Order [#79]. The court's ruling did not address GSK's Second Cause of Action, by which GSK seeks a declaratory judgment that the Cherokee Nation courts do not have jurisdiction over the claims asserted in the Cherokee Nation's Petition. See Compl. ¶¶ 34-36 [#1]. The court's ruling also did not address the Cherokee Nation's counterclaims relating to the settlement agreement. Following a status conference conducted on December 2, 2014, and for reasons stated on the record at the status conference, the court addresses these remaining claims as follows.
1. In light of the court's ruling that the Cherokee Nation is not a Party to the Settlement Agreement, see Mem. & Order at 5-6 [#79], GSK's Second Cause of Action is not a dispute among Parties to the Settlement Agreement and therefore is not a dispute within the venue provision of the Settlement Agreement. See Settlement Agreement ¶ 16 [#63-1] (providing for adjudication in this District of disputes "between and among the Parties under this Agreement"). Accordingly, venue for GSK's Second Cause of Action does not lie in this District, see 28 U.S.C. § 1391, and GSK's Second Cause of Action is hereby DISMISSED WITHOUT PREJUDICE on grounds of improper venue.
2. In light of this court's ruling that the Cherokee Nation's claims against GSK are not released claims under the Settlement Agreement, see Mem. & Order [#79], the Cherokee Nation's counterclaims related to the Settlement Agreement—specifically, Counts One, Two, Eight, and Nine of the Cherokee Nation's counterclaim complaint, see Counter Claim Class Action Compl. ("CN Counterclaim") ¶¶ 184-200, 201-03, 275-78, and 279-86 [#67]—are hereby DISMISSED AS MOOT.1
