Pikeville Medical Center v. Genentech, Inc.
- Jon Tigar
- 4:22-cv-01318
- U.S. District Court · Northern District of California
- 2
In Pikeville Medical Center v. Genentech, Inc., Judge Tigar transferred the action to Oklahoma for coordinated pretrial proceedings under multidistrict-litigation law.
Pikeville Medical Center and Genentech, Inc.; their action was transferred to the Northern District of Oklahoma for coordinated or consolidated pretrial proceedings with related cases.
What happened
Pikeville Medical Center v. Genentech, Inc. was listed as a new action involving factual questions shared with earlier cases in multidistrict litigation concerning Genentech’s Herceptin marketing and sales practices.
The Judicial Panel on Multidistrict Litigation transferred the action from the Northern District of California to the Northern District of Oklahoma under federal multidistrict-litigation law. The transfer was for coordinated or consolidated pretrial proceedings, and the action was assigned to Judge Terence C. Kern.
The order did not decide the parties’ underlying dispute. The supplied case information identifies Judge Jon Tigar, but the order itself was issued by the Judicial Panel and does not name Judge Tigar.
The detailed version
- Pikeville Medical Center v. Genentech, Inc. · No. 4:22-cv-01318
- Jon Tigar
- June 6, 2022
Background
The Judicial Panel on Multidistrict Litigation issued a conditional transfer order concerning Pikeville Medical Center’s action against Genentech, Inc. The action was listed as a “tag-along” case in multidistrict litigation involving Herceptin (trastuzumab) marketing and sales practices. The Panel stated that the action appeared to involve factual questions common to actions previously transferred to the Northern District of Oklahoma.
Transfer
Under 28 U.S.C. § 1407, the Panel transferred the action from the Northern District of California to the United States District Court for the Northern District of Oklahoma for coordinated or consolidated pretrial proceedings. With that court’s consent, the action was assigned to Judge Terence C. Kern. The order stated that it would become effective when filed with the clerk of the Northern District of Oklahoma. After no objection was filed within the stated period, the stay was lifted.
Effect of the Order
This was a procedural transfer order. It did not decide the merits of Pikeville Medical Center’s claims or Genentech’s defenses. The order itself does not name Judge Jon Tigar; that name comes from the supplied case information, while the order identifies Judge Kern as the judge assigned to the coordinated proceedings.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.