Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.
||Bayer Healthcare Pharmaceuticals, Inc.
||May 2, 2013
||Ohio Northern District Court
|Nature of Suit:
||Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
|Cause of Action:
||28:1332 Diversity-Product Liability
|Jury Demanded By:
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|Date Filed||#||Document Text|
|May 29, 2013
Memorandum Opinion and Order: The Court sua sponte severs Counts I, II and III of the Second Amended Complaint, which are entirely between Ohio residents and entirely dependent upon state law, and remands those claims to the Stark County Court of Common Pleas. To that extent, plaintiff's motion to remand (Doc. No. 5 ) is granted. Further, the Court retains jurisdiction over Counts IV, V, VI, and VII, as claims between diverse citizens, and stays all further proceedings in this Court pending the JPML's determination regarding transfer. To that extent, defendant Bayer's motion to stay (Doc. No. 4 ) is granted. Both motions to dismiss (Doc. Nos. 8 and 9 ) are denied without prejudice. Judge Sara Lioi on 5/29/2013. (P,J)
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