In Re: Prempro Products et al

Filing 1872

TRANSFER ORDER re transfer of "Opposed" cases in #1820 CTO-140, from the Judicial Panel on Multidistrict Litigation, that the 442 actions (see image of documents for complete listing) listed in this Order, now pending in the Southern District of West Virginia, are transferred to the Eastern District of Arkansas as part of MDL-1507.. Signed by Acting Chairman of Judicial Panel on Multidistrict Litigation (Attachments: #1 Letter)(mkf)

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 http://www.jpml.uscourts.gov

October 9, 2008 James W. McCormack, Clerk 402 U.S. Courthouse 600 West Capitol Avenue Little Rock, AR 72201-3325 Re: MDL No. 1507 -- IN RE: Prempro Products Liability Litigation Dear Mr. McCormack: Attached 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.

-2A list of involved counsel is attached. Very truly, Jeffery N. Lüthi Clerk of the Panel

By Jakeia Mells Deputy Clerk

Attachments (Transfer Order is a Separate Document) cc: Transferee Judge: Judge William R. Wilson, Jr. JPML Form 29

Page 1 of 2 IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION MDL No. 1507

INVOLVED COUNSEL LIST

John P. Borger FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Lisa J. Bray SPILMAN THOMAS & BATTLE P. O. Box 273 Charleston, WV 25321-0273 Gordon H. Copland STEPTOE & JOHNSON LLP P.O. Box 2190 Clarksburg, WV 26302 F. Lane Heard, III WILLIAMS & CONNELLY LLP Edward Bennett Williams Building 725 12th Street, N.W. Washington, DC 20005-5901 David K. Hendrickson HENDRICKSON & LONG PLLC 214 Capitol Street P.O. Box 11070 Charleston, WV 25301 Erik W. Legg FARRELL FARRELL & FARRELL P.O. Box 6457 Huntington, WV 25772-6457 Patrick Lysaught BAKER STERCHI COWDEN & RICE LLC 2400 Pershing Road, Suite 500 Kansas City, MO 64108-2504 Russell Marlin GARY EUBANKS & ASSOCIATES P.O. Box 3887 Little Rock, AR 72203-3887

Laurie K. Miller JACKSON KELLY PLLC P.O. Box 553 Charleston, WV 25322 Debra C. Price ALLEN GUTHRIE MCHUGH & THOMAS PLLC P.O. Box 3394 Charleston, WV 25333-3394 Patricia Proctor STEPTOE & JOHNSON P. O. Box 2195 Huntington, WV 25722-2195 Lyn Peeples Pruitt MITCHELL WILLIAMS SELIG GATES & WOODYARD PLLC 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 Alan E. Rothman KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022-3598 Gina M. Saelinger ULMER & BERNE LLP 600 Vine Street, Suite 2800 Cincinnati, OH 45202 Erin R. Stankewicz JACKSON KELLY P. O. Box 553 Charleston, WV 25322-0553 William D. Wilmoth STEPTOE & JOHNSON P.O. Box 751 Wheeling, WV 26003

Page 2 of 2 MDL No. 1507 - Involved Counsel List (Continued)

Thomas G. Wilson CALWELL PRACTICE Law and Arts Center West 500 Randolph Street Charleston, WV 25302