Transfer Granted Where Severance of John Doe Defendants Aids Judicial Economy United States District Court, D. New Jersey. August 07, 2018

DELAWARE — The United States District Court issued a Show Cause Order requiring the parties to show why this matter should not be transferred to the District of Delaware. The plaintiff opposed the transfer arguing that two of the defendants also known as “John Doe” defendants may not be subject to personal jurisdiction in Delaware.  The defendants countered and argued that the plaintiff’s claims against those two defendants, RBC Sonic and Aetna Steel Products Corporation, could easily be severed. The court agreed that claims against the John Doe defendants could be transferred under D’Jamoos. The court also noted that transfer would aid in judicial economy because the arguments as to jurisdiction over the remaining eight defendants would be moot. Finally, the court stated that transfer was proper under the Jumara factors  because the plaintiff’s allegations of exposure in New Jersey was from almost 60 years ago. Here, 7 out of 9 treating physicians were located in Delaware. Moreover, the plaintiff’s residence, not decedent’s, was more “pertinent” as to when the complaint was filed. Accordingly, the matter was transferred to the United States District Court for Delaware.

Read the full case decision here.

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