Forray v. Matrixx Initiatives Incorporated et al

Filing 11

ORDER granting (Doc. 954, filed in Lead MDL-09-2096) Stipulated Motion to Transfer. IT IS ORDERED that CV 10-1950-PHX-FJM, shall be transferred to In Re: Zicam Cold Remedy Marketing, Sales Practices, and Products Liability Litigation, No. 09-md-2096-PHX-FJM. Signed by Judge Frederick J Martone on 10/12/10. Signed by Judge Frederick J Martone on 10/12/10. (Original Order filed in Lead MDL 09-2096, Doc. 984) (MAP)

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Forray v. Matrixx Initiatives Incorporated et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA IN RE: Zicam Cold Remedy Marketing,) Sales Practices, and Products Liability) ) Litigation. _________________________________ ) ) ) THIS DOCUMENT RELATES TO: ) Forray, Tom v. Matrixx Initiatives, Inc., ) ) et al. ) 2:10-cv-01950-PHX-FJM ) ) Henry, Carla v. Matrixx Initiatives, ) Inc., et al. ) 2:10-cv-02082-PHX-NVW ) Collins, Ronald v. Matrixx Initiatives, ) ) Inc., et al. ) 2:10-cv-02083-PHX-MEA ) ) No. 09-md-2096-PHX-FJM ORDER The court has before it the parties' "Stipulated Motion to Transfer Related Cases to MDL No. 2096 In Re: Zicam Cold Remedy Marketing, Sales Practices, and Products Liability Litigation" (doc. 954). Plaintiffs allege that they suffered anosmia after using Zicam Cold Remedy, and assert claims for fraud, negligence, failure to warn, defective design, breaches of express and implied warranty, and violation of the Unfair and Deceptive Trade Practices Act. Plaintiffs' cases involve the same defendants and call for determination of substantially the same questions of law as the other personal injury cases in the MDL. See LRCiv 42.1(a). Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Therefore, IT IS ORDERED GRANTING the parties' stipulated motion to transfer (doc. 954). IT IS ORDERED that CV 10-1950-PHX-FJM, CV 10-2083-PHX-MEA, and CV 10-2082-PHX-NVW shall be transferred to In Re: Zicam Cold Remedy Marketing, Sales Practices, and Products Liability Litigation, No. 09-md-2096-PHX-FJM. DATED this 12th day of October, 2010. -2-

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