Remphrey v. Mentor Corporation et al

Filing 39

ORDER granting 38 Motion for Suggestion of Remand. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/25/2015. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
IN RE MENTOR OBTAPE

*

TRANSOBTURATOR SLING PRODUCTS

*

LIABILITY LITIGATION

*

MDL Docket No. 2004
4:08-MD-2004 (CDL)
CASE NO. 4:13-CV-233 (Remphrey)

O R D E R
Presently

pending

before

the

Court

is

Defendant

Mentor

Worldwide LLC’s Motion for Suggestion of Remand to the United
States District Court for the District of Minnesota (ECF No. 38
in 4:13-cv-233). As discussed below, the motion is granted.
Plaintiff Donna Remphrey alleged in her Complaint that she
sustained injuries caused by Mentor’s suburethral sling product,
ObTape

Transobturator

Tape,

which

is

at

issue

in

this

multidistrict litigation proceeding.

Compl. ¶¶ 13-17, ECF No. 1

in

caused

4:13-cv-233

transobturator
Litigation

(alleging
sling”).

transferred

injuries
The

Judicial

Remphrey’s

case

by

Panel
to

“Mentor
on

this

ObTape

Multidistrict
Court.

See

Conditional Transfer Order No. 75, ECF No. 7 in 4:13-cv-233.
During

discovery,

however,

the

parties

learned

that

Remphrey was not implanted with ObTape but with a different
suburethral

sling.

Given

that

this

case

does

not

involve

ObTape, it does not “involve questions of fact that are common
to the actions” that are part of this multidistrict litigation

proceeding.

Conditional Transfer Order No. 75.

Therefore, the

Court grants Mentor’s request for a suggestion of remand so that
the

Judicial

Panel

on

Multidistrict

Litigation

may

enter

an

order transferring this case back to the transferor court, the
United States District Court for the District of Minnesota.

IT IS SO ORDERED, this 25th day of September, 2015.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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