In Re: Prempro Products et al

Filing 1957

TRANSFER ORDER pursuant to 28 USC 1407 transferring District of Minnesota C.A. No. 0:08-4827 Dorothy Allen, et al v. Wyeth, et al to the Eastern District of Arkansas for inclusion in the coordinated or consolidated pretrial proceedings occurring there in MDL-1507. Signed by J. Frederick Motz, Acting Chairman, Judicial Panel on Multidistrict Litigation on 2/4/09. (Attachments: #1 Transfer 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 Judge W. Royal Furgeson, Jr. United States District Court Western District of Texas Judge Frank C. Damrell, Jr. United States District Court Eastern District of California

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

February 4, 2009 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

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION

MDL No. 1507

INVOLVED COUNSEL LIST

Jeffrey R. Anderson JEFFREY ANDERSON & ASSOCIATES 366 Jackson Street, Suite 100 St. Paul, MN 55101 Jan R. McLean Bernier HALLELAND LEWIS NILAN & JOHNSON PA 220 South 6th Street, Suite 600 Minneapolis, MN 55402-4501 John P. Borger FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 David P. Graham OPPENHEIMER WOLFF & DONNELLY LLP 45 South Seventh Street, Suite 3300 Minneapolis, MN 55402 Daniel S. Gruber GRUBER & GRUBER 15165 Ventura Blvd., Suite 400 Sherman Oaks, CA 91403 F. Lane Heard III WILLIAMS & CONNELLY LLP Edward Bennett Williams Building 725 12th Street, N.W. Washington, DC 20005-5901 William Hoffman KAYE SCHOLER 901 15th Street, NW Washington, DC 20005 Carrie L. Hund BASSFORD REMELE PA 33 South 6th Street, Suite 3800 Minneapolis, MN 55402-3707

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 Howard B. Miller GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017-1904 Frederick W. Morris LEONARD STREET & DEINARD 150 South 5th Street Suite 2300 Minneapolis, MN 55402 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