Lowder et al v. DePuy Orthopaedics, Inc. et al

Filing 7

CONDITIONAL TRANSFER ORDER (CTO-38) and Simultaneous Separation and Remand of Certain Claims. Signed by MDL Panel on 4/29/11. (slh, COURT STAFF) (Filed on 5/2/2011)

Case MDL No. 2197 Document 528 Filed 04/29/11 Page 1 of 1
I hereby certify that this instrument is a true and
correct copy of the original on file in my office.
UNITED STATES JUDICIAL PANEL
Attest: Geri M. Smith, Clerk
on
U.S. District Court
MULTIDISTRICT LITIGATION
Northern District of Ohio
By: s/Victoria Kirkpatrick
Deputy Clerk
IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP
IMPLANT PRODUCTS LIABILITY LITIGATION
Dane K. Lowder, et al. v. DePuy Orthopaedics, Inc., et al., )
N.D. California, C.A. No. 3:11-01822
)
MDL No. 2197

CONDITIONAL TRANSFER ORDER (CTO!38)
AND SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS

On December 3, 2010, the Panel transferred 7 civil action(s) to the United States District Court for
the Northern District of Ohio for coordinated or consolidated pretrial proceedings pursuant to 28
U.S.C. §1407. See _F.Supp.2d_ (J.P.M.L. 2010). Since that time, 381 additional action(s) have been
transferred to the Northern District of Ohio. With the consent of that court, all such actions have
been assigned to the Honorable David A Katz.
It appears that the action(s) on this conditional transfer order encompasses claims relating to: (1)
the DePuy ASR Hip Implant, which involve questions of fact that are common to the previously
transferred MDL No. 2197 actions; and (2) the DePuy Pinnacle Hip Implant, which do not involve
such common questions of fact.
Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict
Litigation, the action(s) on this conditional transfer order is transferred under 28 U.S.C. §1407 to the
Northern District of Ohio for the reasons stated in the order of December 3, 2010, and, with the
consent of that court, assigned to the Honorable David A Katz.
All claims in this action(s) other than those regarding DePuy ASR Hip Implants are separated and
remanded to the Northern District of California.
This order does not become effective until it is filed in the Office of the Clerk of the United States
District Court for the Northern District of Ohio. The transmittal of this 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.

FOR THE PANEL:

Apr 29, 2011

Jeffery N. Lüthi
Clerk of the Panel