Weber v. Mentor Corporation et al

Filing 28

ORDER granting 27 Motion for Suggestion of Remand. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/22/2015. (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. 4:14-CV-198 (Weber)

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. 27
in 4:14-cv-198). As discussed below, the motion is granted.
Plaintiff Glenda Weber alleged in her Complaint that she
sustained injuries caused by Mentor’s suburethral sling product,
ObTape

Transobturator

Tape,

which

multidistrict litigation proceeding.
No.

1-1

in

4:14-cv-198

transobturator
Litigation

sling”).

transferred

(alleging
The

is

issue

in

this

Compl. ¶¶ 1, 16, 19, ECF
injuries

Judicial

Weber’s

at

case

caused

Panel
to

on

this

by

“ObTape

Multidistrict
Court.

See

Conditional Transfer Order No. 111, ECF No. 3 in 4:14-cv-198.
During discovery, however, the parties learned that Weber
was not implanted with ObTape but with a different
Given

that

this

case

does

not

involve

ObTape,

it

product.
does

not

“involve questions of fact that are common to the actions” that
are

part

of

this

multidistrict

litigation

proceeding.

Conditional Transfer Order No. 111.

Therefore, the Court grants

Mentor’s motion 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 22nd day of December, 2015.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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