Bishop et al v. Johnson & Johnson et al

Filing 27

TRANSFER ORDER directing the transfer of this case to the E/D of North Carolina to be included in MDL No. 1959 (In Re: Panacryl Sutures Products Liability Litigation).. Signed by Judge William R. Wilson, Jr on 9/2/08. (Attachments: # 1 Transfer Letter from USDC, NC, # 2 JPMDL Transfer Letter)(mkf)

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UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION CHAIRMAN: Judge John G. Heyburn II United States District Court Western District of Kentucky MEMBERS: Judge J. Frederick Motz United States District Court District of Maryland Judge Robert L. Miller, Jr. United States District Court Northern District of Indiana Judge Kathryn H. Vratil United States District Court District of Kansas Judge David R. Hansen United States Court of Appeals Eighth Circuit DIRECT REPLY TO: Jeffery N. Lüthi Clerk of the Panel One Columbus Circle, NE Thurgood Marshall Federal Judiciary Building Room G-255, North Lobby Washington, D.C. 20002 Telephone: [202] 502-2800 Fax: [202] 502-2888 August 18, 2008 Dennis P. Iavarone, Clerk U.S. District Court P.O. Box 25670 Raleigh, NC 27611 Re: MDL No. 1959 -- IN RE: Panacryl Sutures Products Liability Litigation Dear Mr. Iavarone: Attached as a separate document is a certified copy of a transfer order issued today by the Judicial Panel on Multidistrict Litigation in the above-captioned matter. The order is directed to you for filing. Rule 1.5 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 428 (2001), states "A transfer or remand pursuant to 28 U.S. C. § 1407 shall be effective when the transfer or remand order is filed in the office of the clerk of the district court of the transferee district." Today we are also serving an information copy of the order on the transferor court(s). The Panel's governing statute, 28 U.S.C. §1407, requires that the transferee clerk "transmit a certified copy of the Panel's order to transfer to the clerk of the district court from which the action is being transferred [transferor court]." Rule 1.6(a), pertaining to transfer of files, states "the clerk of the transferor district court shall forward to the clerk of the transferee district court the complete original file and a certified copy of the docket sheet for each transferred action." With the advent of electronic filing, many transferee courts have found that it is not necessary to request the original file. Some transferee courts will send their certified copy of the Panel order with notification of the newly assigned transferee court case number and inform the transferor courts that they will copy the docket sheet via PACER. Others may request a certified copy of the docket sheet and a copy of the complaint (especially if it was removed from state court). You should be specific as to the files you would like to receive from the transferor courts and if no files will be necessary, you should make that clear. Therefore, Rule 1.6(a) will be satisfied once a transferor court has complied with your request. You may find Chapter 7 of Volume 4 of the Clerks Manual, United States District Courts helpful in managing the your MDL docket. The Panel Clerk's Office maintains the only statistical accounting of multidistrict litigation traffic in the federal courts. These statistics are used by the Administrative Office of the United States Courts and the Judicial -2Conference. Therefore, your cooperation in keeping the Panel advised of the progress of this litigation would be appreciated. We are particularly interested in receiving the docket numbers assigned to each transferred action by your court; the caption and docket numbers of all actions originally filed in your district; and copies of orders regarding appointment of liaison counsel, settlements, dismissals, state court remands, and reassignments to other judges in your district. Your attention is also directed to Panel Rule 7.6, regarding termination and remand of transferred actions. Upon notification from your court of a finding by the transferee judge suggesting to the Panel that Section 1407 remand of a transferred action is appropriate, this office will promptly file a conditional remand order. Attached to this letter, for your information, is a copy of the Panel Attorney Service List and a listing of the transferor court clerks with respect to this order. Very truly, Jeffery N. Lüthi Clerk of the Panel By__________________________ Dana L. Stewart Deputy Clerk Attachments (Transfer Order is a Separate Document) cc: Transferee Judge: Judge Terrence W. Boyle Chief Judge Transferee District: Judge Louise W. Flanagan JPML Form 33 Printed on 08/18/2008 Judicial Panel on Multidistrict Litigation - Panel Attorney Service List for MDL 1959 - IN RE: Panacryl Sutures Products Liability Litigation *** Report Key and Title Page *** Please Note: This report is in alphabetical order by the last name of the attorney. A party may not be represented by more then one attorney. See Panel rule 5.2(c). Party Representation Key * Signifies that an appearance was made on behalf of the party by the representing attorney. # Specified party was dismissed in some, but not all, of the actions in which it was named as a party. All counsel and parties no longer active in this litigation have been suppressed. This Report is Based on the Following Data Filters Docket: 1959 - Panacryl Sutures PL For Open Cases Judicial Panel on Multidistrict Litigation - Panel Attorney Service List Docket: 1959 - IN RE: Panacryl Sutures Products Liability Litigation Status: Transferred on 08/18/2008 Transferee District: NCE Judge: Boyle, Terrence W. ATTORNEY - FIRM Cowan, Jr., J. Donald ELLIS & WINTERS P.O. Box 33550 Cary, NC 27518 Page 1 Printed on 08/18/2008 REPRESENTED PARTY(S) => Phone: (919) 865-7040 Fax: (919) 865-7010 Email: Ethicon, Inc.*; Johnson & Johnson*; Johnson & Johnson Health Care Systems, Inc.* Kelsey, Jane S. LUM DRASCO & POSITAN LLC 103 Eisenhower Parkway Roseland, NJ 07068 => Phone: (973) 403-9000 Fax: (973) 403-9021 Email: Johnson, Alyssa*; Johnson, David*; Rondot, Denise*; Thompson, Maureen*; Vermilyea, David*; Vermilyea, Sandra* Marlin, Russell GARY EUBANKS & ASSOCIATES P.O. Box 3887 Little Rock, AR 72203-3887 => Phone: (501) 372-0266 Fax: (501) 372-2249 Email: Bishop, Betty Ann*; Bishop, James C.* Shaw, Franklin G. LEGER & SHAW 512 East Boston Street Covington, LA 70433 => Phone: (985) 809-6625 Fax: (985) 809-6626 Email: Truxillo, Losanna* Talley, Stuart C. KERSHAW CUTTER & RATINOFF LLP 401 Watt Avenue Sacramento, CA 95864 => Phone: (916) 448-9800 Fax: (916) 669-4499 Email: Bledy, Christine L.*; Bledy, Leslie A.* Toma, John E. TOMA ZENSEN LLC 34 North Brentwood Blvd. Suite 210 St. Louis, MO 63105 => Phone: (314) 361-1600 Fax: (314) 631-1612 Email: Herring, Perlene*; Locklear, Lisa M.* Waddell, Paul D. BARRETT & DEACON P.O. Box 1700 Jonesboro, AR 72403 => Phone: (870) 931-1700 Fax: (870) 931-1800 Email: St. Bernard's Hospital, Inc. dba St. Bernard's Medical Center* Note: Please refer to the report title page for complete report scope and key. IN RE: PANACRYL SUTURES PRODUCTS LIABILITY LITIGATION INVOLVED CLERKS LIST James W. McCormack, Clerk 402 U.S. Post Office & Courthouse 600 West Capitol Avenue Little Rock, AR 72201-3325 AREDdb_prempro_mdl_clerk/ARED/08/USCOURTS Loretta G. Whyte, Clerk U.S. District Court 500 Poydras Street Room C-151 New Orleans, LA 70130 LAEDdb_LAEDMDL/LAED/05/USCOURTS Sherri R. Carter, Clerk G-8 U.S. Courthouse 312 North Spring Street Los Angeles, CA 90012 MDLClerk/CACD/09/USCOURTS William T. Walsh, Clerk 2020 Clarkson S. Fisher Fed. Bldg. & U.S. Courthouse 402 East State Street Trenton, NJ 08608 NJDdb_MDLClerk/njd/03/USCOURTS MDL No. 1959

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