TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiffs in the five actions listed on Schedule A move under Panel Rule 7.1 to vacate our order conditionally transferring their actions to MDL No. 2327. Responding defendant Ethicon, LLC (Ethicon) opposes the motion to vacate. The actions before the Panel, along with 59 others, were originally filed as one action in California state court and were severed and removed to the Central District of California. 1 We recently...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiffs in the five actions listed on Schedule A move under Panel Rule 7.1 to vacate our order conditionally transferring their actions to MDL No. 2327. Responding defendant Ethicon, LLC (Ethicon) opposes the motion to vacate. The actions before the Panel, along with 59 others, were originally filed as one action in California state court and were severed and removed to the Central District of California. 1 We recently...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: Plaintiffs in the two actions listed on the attached Schedule A move under Panel Rule 7.1 to vacate the Panel's order conditionally transferring their respective actions to MDL No. 2244. Defendants DePuy Orthopaedics, Inc., DePuy Synthes, Inc., and Johnson & Johnson Services, Inc., oppose the motions. After considering the argument of counsel, we find that both actions involve common questions of fact with the actions previously...
ORDER DENYING TRANSFER SARAH S. VANCE , Chair . Before the Panel: * Plaintiffs in two actions ( Beard and Courtney ) pending in the Southern District of Indiana move under 28 U.S.C. 1407 to centralize 41 actions in that district. 1 The actions, which are listed on the attached Schedule A, are pending in a total of 22 districts. Plaintiffs in the other 39 actions did not respond to the motion. Common defendant Eli Lilly and Company (Lilly) opposes centralization. I. The complaints...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiffs in the action listed on Schedule A ( Smilow ) move under Panel Rule 7.1 to vacate our order that conditionally transferred Smilow to the Northern District of California for inclusion in MDL No. 2617. Defendants Anthem, Inc., Anthem Life & Disability Insurance Company, Empire HealthChoice Assurance, Inc., and Empire HealthChoice HMO, Inc. (collectively, Anthem) oppose the motion to vacate. Plaintiffs base their...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel : Plaintiffs in the two actions listed on the attached Schedule A move under Panel Rule 7.1 to vacate the Panel's order conditionally transferring their respective actions to MDL No. 2244. Defendants DePuy Orthopaedics, Inc., DePuy Synthes, Inc., and Johnson & Johnson Services, Inc., oppose the motions. After considering the argument of counsel, we find that both actions involve common questions of fact with the actions previously...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: Plaintiffs move under Panel Rule 7.1 to vacate our order conditionally transferring this action ( Hernandez ) to MDL No. 2295. Defendant Portfolio Recovery Associates, LLC (Portfolio), opposes the motion. The actions encompassing MDL No. 2295 involve allegations that Portfolio violated the federal Telephone Consumer Protection Act (TCPA) by placing debt collection calls to debtors' cellular telephones using an automated system (...
ORDER DENYING TRANSFER SARAH S. VANCE , Chair . Before the Panel : Plaintiffs in one action in the Central District of California move under 28 U.S.C. 1407 to centralize this litigation in that district. This litigation currently consists of three actions pending in three districts, as listed on Schedule A. Since the filing of the motion, the Panel has been notified of twelve potential tag-along actions against the same defendants. 1 All actions allege that the Union Pacific Railroad...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: Plaintiffs move under Panel Rule 7.1 to vacate our order conditionally transferring this action ( Hernandez ) to MDL No. 2295. Defendant Portfolio Recovery Associates, LLC (Portfolio), opposes the motion. The actions encompassing MDL No. 2295 involve allegations that Portfolio violated the federal Telephone Consumer Protection Act (TCPA) by placing debt collection calls to debtors' cellular telephones using an automated system (...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiff in an action pending in the Southern District of Indiana moves under 28 U.S.C. 1407 to centralize pretrial proceedings in this litigation in the Southern District of Indiana. This litigation consists of seventeen actions—seven actions pending in the Southern District of Indiana, five actions in the Central District of California, and one action each in the Northern District of Alabama, the Eastern District of...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel; * Plaintiffs in an action in the Northern District of California ( Conte ) move under 28 U.S.C. 1407 to centralize pretrial proceedings in the Northern District of California. These cases concern the sale and marketing of Chinese-manufactured laminate flooring sold by defendant Lumber Liquidators. Despite being marketed as compliant with regulations of the California Air Resources Board and other applicable regulations,...
(SEE ATTACHED SCHEDULE) CONDITIONAL TRANSFER ORDER (CTO-1) JEFFERY N. L THI , Clerk of the Panel . On June 12, 2015, the Panel transferred 10 civil action(s) to the United States District Court for the Eastern District of Virginia for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See ___ F.Supp.3d ___ (J.P.M.L. 2015). Since that time, no additional action(s) have been transferred to the Eastern District of Virginia. With the consent of that court, all...
(SEE ATTACHED SCHEDULE) CONDITIONAL TRANSFER ORDER (CTO-1) On June 12, 2015, the Panel transferred 10 civil action(s) to the United States District Court for the Eastern District of Virginia for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See ___ F.Siipp.3d ___ (J.P.M.L. 2015). Since that time, no additional action(s) have been transferred to the Eastern District of Virginia. With the consent of that court, all such actions have been assigned to the...
CONDITIONAL TRANSFER ORDER (CTO-1) On June 12, 2015, the Panel transferred 10 civil action(s) to the United States District Court for the Eastern District of Virginia for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See ___ F.Supp.3d ___ (J.P.M.L. 2015). Since that time, no additional action(s) have been transferred to the Eastern District of Virginia. With the consent of that court, all such actions have been assigned to the Honorable Anthony J Trenga. It...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel : * Before the Panel are four dockets arising from a New York state investigation into the herbal supplements industry, which allegedly found based on DNA barcode testing that store brand supplements sold by Walgreens, Wal-Mart, GNC, and Target contained fillers and contaminants in place of the herbal ingredients listed on the product labels. Plaintiffs in six actions move under 28 U.S.C. 1407 to centralize each of the above-...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel; * Plaintiffs in an action in the Northern District of California ( Conte ) move under 28 U.S.C. 1407 to centralize pretrial proceedings in the Northern District of California. These cases concern the sale and marketing of Chinese-manufactured laminate flooring sold by defendant Lumber Liquidators. Despite being marketed as compliant with regulations of the California Air Resources Board and other applicable regulations,...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Before the Panel are four dockets arising from a New York state investigation into the herbal supplements industry, which allegedly found based on DNA barcode testing that store brand supplements sold by Walgreens, Wal-Mart, GNC, and Target contained fillers and contaminants in place of the herbal ingredients listed on the product labels. Plaintiffs in six actions move under 28 U.S.C. 1407 to centralize each of the above-...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Before the Panel are four dockets arising from a New York state investigation into the herbal supplements industry, which allegedly found based on DNA barcode testing that store brand supplements sold by Walgreens, Wal-Mart, GNC, and Target contained fillers and contaminants in place of the herbal ingredients listed on the product labels. Plaintiffs in six actions move under 28 U.S.C. 1407 to centralize each of the above-...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiff in an action pending in the Southern District of Indiana moves under 28 U.S.C. 1407 to centralize pretrial proceedings in this litigation in the Southern District of Indiana. This litigation consists of seventeen actions—seven actions pending in the Southern District of Indiana, five actions in the Central District of California, and one action each in the Northern District of Alabama, the Eastern District of...
TRANSFER ORDER SARAH S. VANCE , Chair . Before the Panel: * Plaintiff in an action pending in the Southern District of Indiana moves under 28 U.S.C. 1407 to centralize pretrial proceedings in this litigation in the Southern District of Indiana. This litigation consists of seventeen actions—seven actions pending in the Southern District of Indiana, five actions in the Central District of California, and one action each in the Northern District of Alabama, the Eastern District of...
