State ex rel. Schwarz Pharma, Inc. v. Dowd, 432 S.W.3d 764

Seven writ petitions by Schwarz Pharma challenging trial court’s denial to transfer venue from St. Louis City to St. Louis County; venue improper in city, proper in county; timeliness of transfer motions is contested.
All seven actions arise from misjoined/ severed cases in Anderson v. Wyeth; Schwarz was not timely served with original or amended petitions until Oct 2012.
Schwarz filed venue-transfer motions on Nov 15, 2012, within 60 days of service; plaintiffs argued motions were untimely since service occurred in Oct 2012.
Rule 51.045 governs transfer timing, requiring timely filing for venue issues to be preserved; court must transfer if timeliness and improper venue proven.
Trial court initially held motions untimely; this Court issued preliminary writs of prohibition and now permanent writs directing dismissal of any action other than sustaining Schwarz’s transfer motions.
Court concludes venue improper in St. Louis City, proper in St. Louis County; entire actions should be transferred; no duplicative parallel proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of Schwarz’s transfer motions	Plaintiffs contest timeliness based on service dates	Schwarz timely under Rule 51.045 since filed within 60 days of service	Timely under Rule 51.045
Effect of late service on timeliness	Late service should bar timely transfer	New defendant may file timely transfer; service date controls	Timeliness preserved despite late service; motions timely
Scope of Rule 51.045 requirements	Motions must include timeliness justification	Rule 51.045 requires only counties, basis for venue; no timeliness justification required in motion	No requirement to state why timely filed; argument rejected
Procedural consequence of transfer ruling	Separate parallel actions possible post-transfer	Court should transfer entire action; avoid duplicative proceedings	Entire civil action transferred; no split proceedings

State ex rel. McDonald’s Corp. v. Midkiff, 226 S.W.3d 119 (Mo. banc 2007) (prohibition to prevent abuse of judicial discretion in venue transfers)
State ex rel. Linthicum v. Calvin, 57 S.W.3d 855 (Mo. banc 2001) (new defendant has right to timely transfer motion when added)
State ex rel. DePaul Health Center v. Mummert, 870 S.W.2d 820 (Mo. banc 1994) (venue not jurisdictional; rules governing venue supremacy)
State ex rel. Union Elec. Co. v. Barnes, 893 S.W.2d 804 (Mo. banc 1995) (rules governing practice where venue disputes arise)
State ex rel. Winchester v. Jamison, 357 S.W.3d 589 (Mo. banc 2012) (clarifies procedural supremacy of court rules over statutes in practice)