In re Hill's Pet Nutrition, Inc., MDL No. 2887

• Decision Date: 04 June 2019
• Docket Number: MDL No. 2887
• Parties: IN RE: HILL'S PET NUTRITION, INC., DOG FOOD PRODUCTS LIABILITY LITIGATION
• Court: Judicial Panel on Multidistrict Litigation

382 F.Supp.3d 1350 (Mem)

IN RE: HILL'S PET NUTRITION, INC., DOG FOOD PRODUCTS LIABILITY LITIGATION

MDL No. 2887

United States Judicial Panel on Multidistrict Litigation.

June 4, 2019

TRANSFER ORDER

SARAH S. VANCE, Chair

Before the Panel :^* Plaintiffs in two actions pending in the Northern District of California (Navarette and Bauer ) move under 28 U.S.C. § 1407 to centralize this litigation in the Northern District of California. The litigation consists of the six actions listed on the attached Schedule A, three in the Northern District of California (Navarette , Bauer , and Sun-Dampier ) and one each in the Northern District of Florida (Russell ), the Eastern District of New York (Bone ), and the District of Rhode Island (Jubinville ). The Panel has been notified of 23 potentially-related actions.¹

All responding parties support centralization, but there is disagreement concerning the choice of an appropriate transferee district. The Sun-Dampier plaintiff supports centralization in the Northern District of California. Common defendants Hill's Pet Nutrition, Inc., and Hill's Pet Nutrition Sales, Inc., support centralization in the District of Kansas, as do plaintiffs in nine potential tag-along actions. Plaintiffs in the Bone , Russell , and Jubinville actions support centralization in the Eastern District of New York, as do plaintiffs in seven potential tag-along actions.

On the basis of the papers filed and the hearing session held, we find that these actions involve common questions of fact, and that centralization in the District of Kansas will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The actions share factual issues arising from allegations that multiple varieties of Hill's Prescription Diet and Science Diet canned dog food products were defective, in that they contained dangerously high levels of Vitamin D.² Centralization will eliminate duplicative discovery, the possibility of inconsistent rulings on class certification, Daubert motions, and other pretrial matters, and conserve judicial and party resources.

We select the District of Kansas as the transferee district. Hill's is headquartered in that district, and it represents that its key evidence and witnesses are located there. Eight potential tag-along actions are pending in the District of Kansas, and its selection is supported by both Hill's and a number of plaintiffs. Chief Judge Julie A. Robinson, to whom we assign the litigation, is an experienced jurist. We are confident that she will steer this litigation on a prudent course.

IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the District of Kansas are transferred to the District of Kansas, and, with the consent of that court, assigned to the Honorable Julie A. Robinson for coordinated or consolidated pretrial proceedings.

SCHEDULE A

MDL No. 2887 — IN RE: HILL'S PET NUTRITION, INC., DOG FOOD PRODUCTS LIABILITY LITIGATION

Northern District of California

NAVARRETE v. HILL'S

...