Walsh v. Gilead Sciences, Inc.

Background

The plaintiffs filed the action in New York state court, alleging that they were injured after taking one or more prescription drugs manufactured and marketed by Gilead Sciences, Inc. for HIV treatment. Gilead removed the action to the U.S. District Court for the Southern District of New York, relying on the court’s diversity jurisdiction.

On August 9, 2021, the parties jointly moved to transfer the case to the U.S. District Court for the Northern District of California. The parties stated that 36 similar cases were pending there before Judge Jon S. Tigar. They also agreed that California was the location of the underlying facts, that transfer would be more convenient for the parties, and that transfer would conserve judicial resources and promote a faster and less expensive resolution.

Ruling

The court granted the requested transfer under 28 U.S.C. § 1404(a), which allows a federal district court to move a case to another district for the convenience of the parties and witnesses and in the interest of justice. The court relied substantially on the reasons presented in the parties’ filing and transferred the case to the Northern District of California.

The court canceled the initial pretrial conference scheduled for September 9, 2021. It directed the clerk to transfer the action immediately, despite a local procedural rule, and then close the case in the Southern District of New York. The order did not decide the plaintiffs’ injury allegations or the merits of the claims.