Robert Linnar v. CR Bard Inc, 2:20-cv-07486

Plaintiffs originally filed in state court; defendants removed the action to federal court based on diversity jurisdiction.
Plaintiffs moved to sever and transfer the cases of out-of-state plaintiffs; defendants filed responses consenting to severance and transfer.
The court found severance appropriate under Rule 21 and Fifth Circuit precedent to allow out-of-state claims to proceed in more appropriate fora.
The court applied the § 1404(a) transfer framework, using the Volkswagen private and public interest factors to assess convenience and the interest of justice.
The court determined the out-of-state plaintiffs had essentially no connection to the Dallas Division; proposed transferee districts matched plaintiffs’ residences and locations of surgeries/medical care.
The court granted the motion, severing each out-of-state plaintiff and directing transfer to specified federal divisions; only Colette Eason remains in the Dallas Division.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Severance of out-of-state plaintiffs under Rule 21	Sever the out-of-state plaintiffs so their claims can proceed in more appropriate jurisdictions	Do not oppose severance	Court exercised discretion to sever the out-of-state plaintiffs in the interest of justice
Transfer of venue under 28 U.S.C. § 1404(a)	Transfer each severed plaintiff to the district where they reside/had surgery because it is more convenient and locally interested	Defendants do not dispute proposed transferee districts	Court found plaintiffs met the Volkswagen "good cause" burden and granted transfers to the listed districts

Brunet v. United Gas Pipeline Co., 15 F.3d 500 (5th Cir. 1994) (district court has broad discretion to sever parties under Rule 21)
Spencer, White & Prentis, Inc. v. Pfizer, Inc., 498 F.2d 358 (5th Cir. 1974) (approving severance and transfer of parties in interest of justice)
Time, Inc. v. Manning, 366 F.2d 690 (5th Cir. 1966) (movant bears burden to demonstrate transfer for convenience)
In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (movant must show "good cause" under § 1404(a) and clearly demonstrate convenience)
In re Volkswagen AG, 371 F.3d 201 (5th Cir. 2004) (articulating private and public interest factors for forum non conveniens/§ 1404 analysis)
Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (recognizing private interest factors in transfer and forum non conveniens analyses)
Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) (establishing framework for balancing private and public interest factors)
Hanby v. Shell Oil Co., 144 F. Supp. 2d 673 (E.D. Tex. 2001) (district court's transfer decision is reviewed for sound discretion in light of case circumstances)