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In re American Medical Systems, Inc. Pelvic Repair System Products Liability Litigation, 2:19-cv-00565. (2019)

Court: District Court, S.D. West Virginia Number: infdco20190806f22 Visitors: 4
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . On August 2, 2019, the plaintiff directly filed a Short Form Complaint in this court despite Pretrial Order ("PTO") # 256 ordering that "plaintiffs may no longer direct file claims against American Medical Systems, Inc. in the AMS MDL (as set forth in PTO # 176) or in any other pelvic mesh MDL assigned to the court[.]" See In re: American Medical Systems, Inc. Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2325 ("MDL 2325
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MEMORANDUM OPINION AND ORDER

On August 2, 2019, the plaintiff directly filed a Short Form Complaint in this court despite Pretrial Order ("PTO") # 256 ordering that "plaintiffs may no longer direct file claims against American Medical Systems, Inc. in the AMS MDL (as set forth in PTO # 176) or in any other pelvic mesh MDL assigned to the court[.]" See In re: American Medical Systems, Inc. Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2325 ("MDL 2325") filed on June 21, 2018 [ECF # 6123]. On June 19, 2018, the Judicial Panel on Multidistrict Litigation entered a Minute Order Suspending Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions. Id at ECF # 6110. Both orders effectively disallow the direct filing or transfer of any new actions in MDL 2325. If plaintiff wishes to proceed, she must file the action in the appropriate jurisdiction.

The court ORDERS that this civil action be DISMISSED WITHOUT PREJUDICE and STRICKEN from the docket.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

Source:  Leagle

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