United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-1157
___________________________
Donald K. Alexander
lllllllllllllllllllll Plaintiff - Appellant
v.
Boone Hospital Center; William A. Hawkins; Susan Alpert; Kathleen Erickson
DiGiorno; Stephen N. Oesterle; Gary Ellis; Brian Rysdam; Medtronic, Inc.; Daniel
Rothery; Missy Arnold; Nancy Tune
lllllllllllllllllllll Defendants - Appellees
___________________________
No. 12-1298
___________________________
Donald K. Alexander
lllllllllllllllllllll Plaintiff - Appellant
v.
William A. Hawkins; Susan Alpert;
Kathleen Erickson DiGiorno;
Stephen Oesterle; Gary Ellis;
Brian Rysdam; and Medtronic, Inc.
lllllllllllllllllllll Defendants - Appellees
____________
Appeals from United States District Court
for the District of Minnesota - Minneapolis
____________
Submitted: June 28, 2012
Filed: November 5, 2012
[Unpublished]
____________
Before BYE, GRUENDER, and BENTON, Circuit Judges.
____________
PER CURIAM.
Donald Alexander filed a civil action in the Western District of Missouri
seeking damages under 18 U.S.C. § 1964(c). The case was transferred to the District
of Minnesota, which was presiding over related multidistrict litigation. The District
of Minnesota1 severed and dismissed some defendants from the action based on a
settlement between the parties. The claims against the remaining defendants were
remanded to the Western District of Missouri,2 which ultimately granted the
remaining defendants’ motion to dismiss. Alexander filed in both courts motions
under Federal Rule of Civil Procedure 60(b) to set aside the settlement-based
dismissal. The Western District of Missouri declined to rule on the motion; the
District of Minnesota denied it on the merits. In these consolidated appeals,
Alexander challenges the Western District of Missouri’s dismissal, and argues that
only the Western District of Missouri, not the District of Minnesota, had jurisdiction
to rule on his Rule 60 motion.
1
The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
2
The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.
-2-
We agree with the Western District of Missouri that Alexander’s section
1964(c) claim failed for the reasons stated by that court. We also conclude the
District of Minnesota retained jurisdiction to consider his Rule 60 motion, and thus
the Western District of Missouri did not err by declining to do so. See 28 U.S.C.
§ 1407(a); J.P.M.L. R. 10.1(a). Accordingly, we affirm the judgments of the district
courts. See 8th Cir. R. 47B.
______________________________
-3-