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SmithKLINE BEECHAM CORPORATION v. ABBOTT LABORATORIES, C07-5702 (CW). (2015)

Court: District Court, N.D. California Number: infdco20150415951 Visitors: 6
Filed: Apr. 14, 2015
Latest Update: Apr. 14, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO TRANSFER PURSUANT TO 28 U.S.C. 1631 CLAUDIA WILKEN , District Judge . WHEREAS, on March 10, 2015, Plaintiff GSK filed its Second Amended Complaint in the above-captioned action (the "Action"); WHEREAS, on March 11, 2015, Defendant Abbott Laboratories filed a motion to dismiss Plaintiff GSK's Second Amended Complaint for lack of personal jurisdiction (the "Motion"); WHEREAS, GSK opposes Abbott's Motion; WHEREAS, Abbott's Motion was heard by the
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STIPULATION AND [PROPOSED] ORDER TO TRANSFER PURSUANT TO 28 U.S.C. § 1631

WHEREAS, on March 10, 2015, Plaintiff GSK filed its Second Amended Complaint in the above-captioned action (the "Action");

WHEREAS, on March 11, 2015, Defendant Abbott Laboratories filed a motion to dismiss Plaintiff GSK's Second Amended Complaint for lack of personal jurisdiction (the "Motion");

WHEREAS, GSK opposes Abbott's Motion;

WHEREAS, Abbott's Motion was heard by the Court on April 8, 2015;

WHEREAS, the parties agree that it is in the interest of justice to transfer this Action to the United States District Court for the Middle District of North Carolina, pursuant to 28 U.S.C. § 1631;

WHEREAS, the parties agree that this Action could have been brought in the United States District Court for the Middle District of North Carolina, as GSK believes that jurisdiction and venue are proper in that Court, and Abbott consents to jurisdiction and venue in that Court;

WHEREAS, the parties agree that, if transferred, this Action and all claims in GSK's Second Amended Complaint shall be deemed filed and proceed in the United States District Court for the Middle District of North Carolina.

WHEREAS, the parties agree that transfer of the Action to the Middle District of North Carolina moots any other motions pending before this Court;

IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this Action through their undersigned counsel, as follows:

1. In the interests of justice, this Action shall be transferred to the United States District Court for the Middle District of North Carolina, and 2. This Action and all claims in GSK's Second Amended Complaint shall be deemed filed and proceed in that court.

PURSUANT TO STIPULATION, IT IS SO ORDERED

Source:  Leagle

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