In Re: Stericycle, Inc., Sterisafe Contract Litigation

Filing 37

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 9/12/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
IN RE STERICYCLE, INC.

)
)
)
)
STERISAFE CONTRACT LITIGATION
)
________________________________)
)
LYNDON VETERINARY CLINIC, PLLC, )
)
Plaintiff,
)
)
v.
)
)
STERICYCLE, INC.,
)
)
Defendant.
)
________________________________)
)
HARRY C. MIDGLEY, III, et al., )
)
Plaintiff,
)
)
v.
)
)
STERICYCLE, INC.,
)
)
Defendant.
)

No. 13 C 5795
MDL No. 2455

No. 13 C 2499

No. 13 C 3448

MEMORANDUM ORDER
This Court, having initially been assigned the above-cited
Lyndon action under this Court’s random assignment system, has
since been assigned the above-listed multidistrict proceeding by
the Panel on Multidistrict Litigation.

At present the usual

procedure of designating class counsel, of fashioning a
consolidated complaint to supplant the individual complaints that
come under the rubric of the MDL umbrella and of conducting other
appropriate organizational matters are in the works and will be

dealt with in the ordinary course.
Meanwhile, some pending motions show up on the Motions
Report that this Court obtains covering all the cases on its
calendar.1

To eliminate such needless clutter, Dkt. Nos. 34 and

41 in the Lyndon case and Dkt. Nos. 27, 33 and 36 in the Midgley
case are denied without prejudice.
If and to the extent that any matters raised in those nowdenied motions are viewed by movants’ counsel as still relevant
when the contemplated consolidated reorganization takes place
(say, for example, matters raised in Stericycle’s Rule 12(b)(6)
motions that it may view as still applicable to the consolidated
complaint), movants’ counsel will not be required to reinvent the
wheel by filing new self-contained motions.

Instead they are

free to incorporate aspects of their earlier motions by reference
if they find that to be a more convenient form of presentation.
This Court also notes from its most recent Motions Report
that Dkt. No. 15 in the umbrella case (13 C 5795), Lyndon’s
motion to set a preliminary case schedule, is shown as still
pending.

In light of this Court’s discussion with counsel at the

most recent status hearing, that motion is also denied without
prejudice (it being anticipated that such a schedule will be

1

For example, Stericycle responded to both the Lyndon and
the Midgley Complaints with Fed. R. Civ. P. (“Rule”) 12(b)(6)
motions that are certain to be supplanted when a single
consolidated Complaint and the other aspects of MDL case handling
take over.
2

established in the regular course, as discussed orally at the
status hearing).

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

September 12, 2013

3