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David Macon v. Takeda Pharmaceuticals North America Inc.

November 8, 2011

DAVID MACON
v.
TAKEDA PHARMACEUTICALS NORTH AMERICA INC., ET AL.



The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Title

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO THE WESTERN DISTRICT OF KENTUCKY

Before the Court is a complaint filed by Plaintiff David Macon. The complaint raises claims for negligence, failure to warn, defective design, breach of warranty, unfair competition, Cal. Bus. & Prof. Code § 17200 et seq., and false and misleading advertising, Cal. Bus. & Prof. Code § 17500, arising out of Defendants' production and marketing of drugs that allegedly cause bladder cancer. Based on the allegations of the complaint, Plaintiff resides in Owensboro, Kentucky, and Defendants are based in Deerfield, Illinois, San Diego, California, and Japan.

The parties are hereby ORDERED TO SHOW CAUSE why this action should not be transferred to the United States District Court for the Western District of Kentucky for the convenience of the parties and witnesses, and in the interest of justice. See 28 U.S.C. §§ 124(a), 1404(a). All factual matters relied upon in the parties' submissions must be supported by appropriate declarations and admissible evidence. To assist the Court in determining whether transfer is appropriate and in the interest of justice, the parties are directed to address the following, in addition to sharing their beliefs as to which forum is more convenient for the parties and witnesses:

(1) Whether this action could have been brought in the Western District of Kentucky;

(2) Whether venue is appropriate in the Western District of Kentucky;

(3) What contacts, if any, each of the parties has to the Central District of California and to the Western District of Kentucky. The parties should include information regarding the location of their administrative offices, real property, sources of revenue, and points of public contact;

(4) What connection Plaintiff's causes of action have to the Central District of California and to the ...


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