Axelrod et al v. Organon USA, Inc. et al

Filing 27

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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Case: 4:08-md-01964-RWS1964 DocumentFiled: 04/01/13 Page:Page3 PageID #: 40759 Case MDL No. Doc. #: 1533 869 Filed 04/01/13 1 of 1 of 3 A TRUE COPY I CERTIFY James G. Woodward, Clerk By: David L. Braun Deputy Clerk For the United States District Court Eastern District of Missouri UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: NUVARING PRODUCTS LIABILITY LITIGATION MDL No. 1964 TRANSFER ORDER 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. 1 Merck & Co., Inc.; Organon International Inc.; Organon Pharmaceuticals USA Inc., LLC; Organon USA, Inc. 2 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. Case: 4:08-md-01964-RWS1964 DocumentFiled: 04/01/13 Page:Page3 PageID #: 40760 Case MDL No. Doc. #: 1533 869 Filed 04/01/13 2 of 2 of 3 -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 Acting Chairman W. Royal Furgeson, Jr. Marjorie O. Rendell Lewis A. Kaplan Paul J. Barbadoro Charles R. Breyer Case: 4:08-md-01964-RWS1964 DocumentFiled: 04/01/13 Page:Page3 PageID #: 40761 Case MDL No. Doc. #: 1533 869 Filed 04/01/13 3 of 3 of 3 IN RE: NUVARING PRODUCTS LIABILITY LITIGATION MDL No. 1964 SCHEDULE A 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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