Breathe DC v. Juul Labs, Inc.

BACKGROUND

23 In January 2020, plaintiff Breathe D.C. (“Breathe”) filed this case in the Superior Court of 24 the District of Columbia. Defendant JUUL Labs, Inc. (“JLI”), removed the case to the District 25 Court for the District of Columbia and filed with the Judicial Panel on Multidistrict Litigation a 26 notice of a potential tag-along action to the In re JUUL Labs, Inc. Marketing, Sales Practices & 27 Products Liability Litigation MDL,19-md-02913-WHO (“In re JUUL MDL” or “MDL”). See Dkt. Nos. 1, 2. While the case was pending in the District of Columbia, Breathe filed a motion to remand. Dkt. No. 8. The D.C. District Court held that motion in abeyance, pending final the determination by the JPML on whether to transfer this case to this MDL. March 23, 2020 Minute Order. Over Breathe’s objections, the JPML issued a final order transferring the case to the In re JUUL MDL. Dkt. No. 16. On January 29, 2021, Breathe moved to “retransfer” this case back to D.C. District Court. Dkt. No. 22. I denied that motion explaining that given the early stage of the MDL and by operation of my Pretrial Order #1, all pending motions to remand and other…