Axelrod et al v. Organon USA, Inc. et al
TRANSFER ORDER MDL-1964: Transferring case to the U.S. District Court, Eastern District of Missouri. Signed by The Judicial Panel on Multidistrict Litigation, on 04/01/2013. (jlm, COURT STAFF) (Filed on 4/1/2013)
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A TRUE COPY I CERTIFY
James G. Woodward, Clerk
By: David L. Braun
For the United States District Court
Eastern District of Missouri
UNITED STATES JUDICIAL PANEL
IN RE: NUVARING PRODUCTS
MDL No. 1964
Before the Panel:* Pursuant to Panel Rule 7.1, plaintiffs in seven actions listed on Schedule A
move to vacate our orders that conditionally transferred their respective actions to MDL No. 1964.
Responding defendants1 oppose the motions to vacate.
After considering all argument of counsel, we find these actions involve common questions of
fact with the actions previously transferred to MDL No. 1964, and that transfer will serve the
convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.
Moreover, transfer is warranted for reasons set out in our order directing centralization. In that order,
we held that the Eastern District of Missouri was an appropriate Section 1407 forum for actions sharing
factual questions arising from alleged injuries from the Nuvaring hormonal contraceptive product. See
In re NuvaRing Prods. Liab. Litig., 572 F. Supp. 2d 1382, 1382-83 (J.P.M.L. 2008). These actions all
involve injuries arising from the use of the Nuvaring product and clearly fall within the MDL’s ambit.
None of the plaintiffs dispute that their actions share questions of fact with actions pending in
MDL No. 1964. Plaintiffs instead base their arguments against transfer primarily on the pendency of
motions to remand their respective actions to state court. Plaintiffs in these actions can present their
motions for remand to the transferee judge.2 See, e.g., In re Ivy, 901 F.2d 7, 9 (2nd Cir. 1990); In re
Prudential Ins. Co. of Am. Sales Practices Litig., 170 F.Supp.2d 1346, 1347-48 (J.P.M.L. 2001).
Judge John G. Heyburn II took no part in the decision of this matter.
Merck & Co., Inc.; Organon International Inc.; Organon Pharmaceuticals USA Inc., LLC;
Organon USA, Inc.
Panel Rule 2.1(d) expressly provides that the pendency of a conditional transfer order does not
limit the pretrial jurisdiction of the court in which the subject action is pending. Between the date a
remand motion is filed and the date that transfer of the action to the MDL is finalized, a court wishing
to rule upon the remand motion generally has adequate time in which to do so.
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-2IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, these actions are transferred
to the Eastern District of Missouri and, with the consent of that court, assigned to the Honorable Rodney
W. Sippel for inclusion in the coordinated or consolidated pretrial proceedings.
PANEL ON MULTIDISTRICT LITIGATION
Kathryn H. Vratil
W. Royal Furgeson, Jr.
Marjorie O. Rendell
Lewis A. Kaplan
Paul J. Barbadoro
Charles R. Breyer
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Case MDL No. Doc. #: 1533 869 Filed 04/01/13 3 of 3 of 3
IN RE: NUVARING PRODUCTS
MDL No. 1964
Central District of California
Beatrice Burgueno, et al. v. Organon USA, Inc., et al., C.A. No. 2:12-10883
Catalina Chinchilla, et al. v. Organon USA, Inc., et al., C.A. No. 2:13-00039
Porshe Smith, et al. v. Organon USA, Inc., et al., C.A. No. 2:13-00130
Elizabeth Vasquez, et al. v. Organon USA, Inc., et al., C.A. No. 5:13-00055
Judy Hackett, et al. v. Organon USA, Inc., et al., C.A. No. 5:13-00077
Northern District of California
Mirna Gonzalez, et al. v. Organon USA, Inc., et al., C.A. No. 4:12-06161
Aimee Axelrod, et al. v. Organon USA, Inc., et al., C.A. No. 4:13-00117
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