LaPorte et al v. Biomet, Inc. et al

Filing 4

MDL CONDITIONAL TRANSFER ORDER DISMISSING CASE: Certified on 3/28/2014, Inasmuch as no objection is pending at this time, the stay of this order is lifted and this action is hereby transferred to the United States District Court for the Northern District of Indiana and assigned to the Honorable Robert L. Miller, Jr., for coordinated or consolidated pretrial proceedings pursuant to 28 USC section 1407. {Signed by Jeffrey N. Luthi, Clerk of the MDL Panel. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
I Certify that the foregoing is a
true copy of the original on file in this
court and cause.
ROBERT N. TRGOVICH, CLERK
By:
Date:

s/JDarrah

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

March 28, 2014
IN RE: BIOMET M2A MAGNUM HIP IMPLANT
PRODUCTS LIABILITY LITIGATION

MDL No. 2391

(SEE ATTACHED SCHEDULE)

CONDITIONAL TRANSFER ORDER (CTO −78)

On October 2, 2012, the Panel transferred 8 civil action(s) to the United States District Court for the
Northern District of Indiana for coordinated or consolidated pretrial proceedings pursuant to 28
U.S.C. §1407. See 896 F.Supp.2d 1339 (J.P.M.L. 2012). Since that time, 338 additional action(s)
have been transferred to the Northern District of Indiana. With the consent of that court, all such
actions have been assigned to the Honorable Robert L Miller, Jr.
It appears that the action(s) on this conditional transfer order involve questions of fact that are
common to the actions previously transferred to the Northern District of Indiana and assigned to
Judge Miller.
Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict
Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. §1407 to the
Northern District of Indiana for the reasons stated in the order of October 2, 2012, and, with the
consent of that court, assigned to the Honorable Robert L Miller, Jr.
This order does not become effective until it is filed in the Office of the Clerk of the United States
District Court for the Northern District of Indiana. The transmittal of this order to said Clerk shall be
stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the
Panel within this 7−day period, the stay will be continued until further order of the Panel.

FOR THE PANEL:

Jeffery N. Lüthi
Clerk of the Panel

Mar 28, 2014

IN RE: BIOMET M2A MAGNUM HIP IMPLANT
PRODUCTS LIABILITY LITIGATION

SCHEDULE CTO−78 − TAG−ALONG ACTIONS

DIST

DIV.

C.A.NO.

CASE CAPTION

FLORIDA SOUTHERN
FLS
FLS

0
9

14−60596
14−80329

Tysenn v. Biomet, Inc. et al
Hawkins v. Biomet, Inc. et al

14−00617

Whelan v. Biomet, Inc. et al

14−00631

UGLIAROLO v. BIOMET, INC. et al

MARYLAND
MD

1

NEW JERSEY
NJ

2

NEW YORK NORTHERN
NYN

6

14−00126

LaPorte et al v. Biomet, Inc. et al

14−00894
14−00895

Dubose v. Biomet Inc et al
McDowell v. Biomet Inc et al

SOUTH CAROLINA
SC
SC

4
7

MDL No. 2391