Karla Fuentes et al v. Bayer Healthcare Pharmaceuticals Inc et al

Filing 20

MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: MDL Proceedings, re: Status Report 19 . Court orders as follows: 1. The claims of Fuentes and Lewis are ordered severed from the claims of the remaining plaintiffs pursuant to Rule 21 of th e Federal Rules of Civil Procedure. 2. Plaintiff counsel is ORDERED TO SHOW CAUSE why the claims of Fuentes and Lewis should not be dismissed for lack of prosecution. The response to the OSC is due no later than the close of business on Wednesday, June 18, 2014. 3. The parties are forthwith to take appropriate steps to tag the remaining plaintiffs and their claims for transfer to MDL 2434. See document for details. (smo)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

CV 13-9517-GAF (MANx)

Title

Karla Fuentes, et al. v. Bayer Healthcare Pharmaceuticals, Inc.

Present: The
Honorable

June 9, 2014

GARY ALLEN FEESS

Stephen Montes Kerr

None

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

(In Chambers)
ORDER RE: MDL PROCEEDINGS

This is a products liability case involving Defendant’s Mirena® IUD device. That
device is the subject of proceedings in In re Mirena® Products Liability Litigation, MDL
No. 2434. The Court requested a status report regarding this case and its connection to
the MDL proceedings.
The parties have now filed a joint statement indicating that all plaintiffs except for
Karla Fuentes and Donna Lewis are appropriate for transfer to the MDL judge because
their claims involve questions of fact that are common to the other transferred actions.
The parties do not include Fuentes and Lewis in the list because plaintiffs counsel has
been unable to locate either of them. Counsel requests that their claims be severed so that
the remaining claims can be tagged for transfer. Defendant does not oppose but does not
join.
Accordingly, the Court orders as follows:
1. The claims of Fuentes and Lewis are ordered severed from the claims of the
remaining plaintiffs pursuant to Rule 21 of the Federal Rules of Civil Procedure.
2. Plaintiff counsel is ORDERED TO SHOW CAUSE why the claims of Fuentes
and Lewis should not be dismissed for lack of prosecution. The response to the
OSC is due no later than the close of business on Wednesday, June 18, 2014.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

CV 13-9517-GAF (MANx)

Title

Karla Fuentes, et al. v. Bayer Healthcare Pharmaceuticals, Inc.

June 9, 2014

3. The parties are forthwith to take appropriate steps to tag the remaining plaintiffs
and their claims for transfer to MDL 2434.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

SMO

Page 2 of 2