Tyco Intl (US) Inc, et al v. Swartz

Filing 37

CONDITIONAL REMAND ORDER with list of cases to be remanded Signed by Jeffrey Luthi, Clerk of Panel. (mxm)

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By Tanisha Spinner on Aug 24, 2009 UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION Aug 06, 2009 IN RE: TYCO INTERNATIONAL, LTD., SECURITIES, DERIVATIVE & "ERISA" LITIGATION MDL No. 1335 (SEE ATTACHED SCHEDULE) CONDITIONAL REMAND ORDER The transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the actions on this conditional remand order have been completed and that remand to the transferor courts, as provided in 28 U.S.C. §1407(a), is appropriate. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to the Southern District of New York. IT IS ALSO ORDERED that, pursuant to Rule 7.6 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 436-38 (2001) (Rules), the transmittal of this order to the transferee clerk for filing shall be stayed 15 days from the date of this order. If any party files a notice of opposition with the Clerk of the Panel within this 15-day period, the stay will be continued until further order of the Panel. This order does not become effective until it is filed in the office of the Clerk for the United States District Court for the District of New Hampshire. IT IS FURTHER ORDERED that, pursuant to Rule 7.6(g), the parties shall furnish the Clerk for the District of New Hampshire with a stipulation or designation of the contents of the record to be remanded and all necessary copies of any pleadings or other matter filed so as to enable said Clerk to comply with the order of remand. FOR THE PANEL: Aug 24, 2009 Jeffery N. Lüthi Clerk of the Panel IN RE: TYCO INTERNATIONAL, LTD., SECURITIES, DERIVATIVE & "ERISA" LITIGATION MDL No. 1335 SCHEDULE FOR CONDITIONAL REMAND ORDER --- TRANSFEREE --DIST. DIV. C.A. NO. NH NH NH 1 1 1 03-1341 03-1343 03-1350 --- TRANSFEROR --DIST. DIV. C.A. NO. NYS NYS NYS 1 1 1 02-4633 02-7317 03-2247 CASE CAPTION Tyco International, Ltd. v. Frank E. Walsh, Jr. Tyco International, Ltd., et al. v. L. Dennis Kozlowski Tyco International, Ltd., et al. v. Mark H. Swartz

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