Avery v. DePuy Orthopaedics Inc et al

Filing 4

CONDITIONAL TRANSFER ORDER (CTO-171) transferring the case to the United States District Court for the Northern District of Ohio to be included in MDL No. 2197 (In Re: Depuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation). Signed by Jeffery N. Luthi, Clerk of the Panel, on 1/17/13. (kpr)

I hereby certify that this instrument is a true and correct copy of the original on file in my office. Attest: Geri M. Smith, Clerk U.S. District Court Northern District of Ohio By: s/Sharon M. Romito_ Deputy Clerk UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION MDL No. 2197 (SEE ATTACHED SCHEDULE) CONDITIONAL TRANSFER ORDER (CTO −171) On December 3, 2010, the Panel transferred 7 civil action(s) to the United States District Court for the Northern District of Ohio for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. §1407. See 753 F.Supp.2d 1378 (J.P.M.L. 2010). Since that time, 1,115 additional action(s) have been transferred to the Northern District of Ohio. With the consent of that court, all such actions have been assigned to the Honorable David A Katz. It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Northern District of Ohio and assigned to Judge Katz. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. §1407 to the Northern District of Ohio for the reasons stated in the order of December 3, 2010, and, with the consent of that court, assigned to the Honorable David A Katz. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Ohio. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7−day period, the stay will be continued until further order of the Panel. FOR THE PANEL: Jan 17, 2013 Jeffery N. Lüthi Clerk of the Panel IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION MDL No. 2197 SCHEDULE CTO−171 − TAG−ALONG ACTIONS DIST DIV. C.A.NO. CASE CAPTION ARKANSAS EASTERN ARE 1 12−00139 Avery v. DePuy Orthopaedics Inc et al 13−00047 Sutton v. DePuy Orthopaedics, Inc. et al MINNESOTA MN 0 PENNSYLVANIA EASTERN PAE 2 12−06894 CLARKSON v. DEPUY ORTHOPEDICS, INC. et al