Dunn v. Iovate Health Sciences USA Inc et al

Filing 11

CONDITIONAL TRANSFER ORDER (CTO-25) transferring case to the United States District Court for the Southern District of California to be included in: In re Hydroxycut Marketing and Sales Practices Litigation, MDL No. 2987 before the Honorable Barry Ted Moskowitz. Signed by Jeffery N. Luthi, Clerk of the Panel, on 4/13/11. (kpr)

Case MDL No. 2087 Document 148 Filed 04/13/11

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FILED
APR 13 2011

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: HYDROXYCUT MARKETING AND
SALES PRACTICES LITIGATION

MDLNo.2087

(SEE ATTACHED SCHEDULE)

CONDITIONAL TRANSFER ORDER (CTO-25)

On October 6, 2009, the Panel transferred 13 civil action(s) to the United States District Court for
the Southern District of California for coordinated or consolidated pretrial proceedings pursuant to
28 U.S.c. § 1407. See 655 F.Supp.2d 1357 (J.P.M.L. 2009). Since that time, 64 additional action(s)
have been transferred to the Southern District of California. With the consent of that court, all such
actions have been assigned to the Honorable Barry Ted Moskowitz.
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 Southern District of California and assigned to
Judge Moskowitz.
Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict
Litiljation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the
Southern District of California for the reasons stated in the order of October 6, 2009, and, with the
consent of that court, assigned to the Honorable Barry Ted Moskowitz.
This order does not become effective until it is filed in the Office of the Clerk of the United States
District Court for the Southern District of California. The transmittal ofthis 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.

Inasmuch as no objection is
pending at this time, the

stay is lifted.

Apr 13, 2011
CLERK'S OFFICE

FOR THE PANEL:

~~~
Jeffery N. LUthi
Clerk of the Panel

UNITeO STATf!S
JUOlClAl PANEL ON
MULTIDISTRICT LITIGATION
Apr 13, 2011

s/ A. Victoria

Case MDL No. 2087 Document 148 Filed 04113/11 Page 2 of 2

IN RE: HYDROXYCUT MARKETING AND
SALES PRACTICES LITIGATION

SCHEDULE CTO-25 - TAG-ALONG ACTIONS

C.A.NO.

CASE CAPTION

ALABAMA NORTHERN
ALN

2

11-01034

Hawley et al v. Muscletech Research and
Development Inc et al

ARKANSAS EASTERN
ARE

4

11-00065

Dunn v. Iovate Health Sciences USA Inc et al

MDL No. 2087