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N.D. Cal.Procedural orderFiled Nov. 15, 2022

County of Butte v. McKinsey and Company, Inc.

Judge
Charles Breyer
Docket
3:22-cv-07178
Court
U.S. District Court · Northern District of California
Pages
2
Civil Procedure
In one sentence

In County of Butte v. McKinsey, Judge Breyer conditionally transferred the action to Northern California for coordinated pretrial proceedings in opioid-consultant litigation.

Who this affects

The County of Butte action against McKinsey and Company, Inc., and the other actions listed in the transfer schedule were affected by the Panel’s coordinated-pretrial transfer process.

What happened

County of Butte v. McKinsey and Company, Inc. was listed as a tag-along action in multidistrict litigation concerning McKinsey’s work as a national prescription-opiate consultant. The Judicial Panel on Multidistrict Litigation said the action involved factual questions common to cases already sent to the Northern District of California.

The Panel conditionally transferred the action from the Eastern District of California to the Northern District of California under federal multidistrict-litigation law. The transfer was for coordinated or consolidated pretrial proceedings, and the order said it would become effective after filing with the Northern District of California clerk. The Panel also said no objection was pending and lifted the seven-day stay.

The order assigned the action to Judge Charles R. Breyer. It did not decide the parties’ underlying claims or defenses.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
County of Butte v. McKinsey and Company, Inc. · No. 3:22-cv-07178
Judge
Charles Breyer
Date
Nov. 15, 2022

Background

The United States Judicial Panel on Multidistrict Litigation issued Conditional Transfer Order 33 in the multidistrict litigation titled In re: McKinsey & Company, Inc., National Prescription Opiate Consultant Litigation, MDL No. 2996. The schedule listed “County of Butte et al v. McKinsey and Company, Inc.,” civil action number 22-01912, as a tag-along action from the Eastern District of California.

The Panel previously transferred civil actions to the Northern District of California for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407. It stated that the action listed in this order appeared to involve factual questions common to the actions already transferred there.

Ruling

The Panel conditionally transferred the County of Butte action to the Northern District of California under 28 U.S.C. § 1407 and assigned it, with that court’s consent, to the Honorable Charles R. Breyer. The order stated that the transfer would not become effective until the order was filed with the clerk of the Northern District of California. Transmittal was stayed for seven days after entry, but the Panel stated that no objection was pending and lifted the stay.

This was a case-management and venue order for multidistrict pretrial proceedings. The opinion did not resolve the underlying claims, defenses, or liability issues.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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