IN RE: Litigation Involving Gentamicin Sulfate for Therapeutic Use in Animals

] Case MDL No. 566 Document 2 Filed 06/02/15 Page 1 of 2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION a
IN RE LITIGATION INVOLVING GENTAMICIN SULFATE FOR THERAPEUTIC: USE-
IN ANIMALS BE :
ORDER DENYING TRANSFER*¥* i
This litigation consists of four actions pending in two
federal districts: three actions in the Northern District of
Illinois and one action in the District of Colorado. Presently
before the Panel is a motion, pursuant to 28 U.S.C. §1407, to
transfer the Colorado action to the Northern District of Illinois
for coordinated or consolidated pretrial proceedings with the
actions pending there. The motion for transfer is submitted by
Schering Corporation, the sole plaintiff in each action.
On the basis of the papers filed and the hearing held, we
find that Section 1407 transfer would neither serve the
convenience of the parties and witnesses nor further the Just and
efficient conduct of the litigation. We recognize that these
actions share some questions of fact, but we are persuaded that
this factor 1s outweighed in this instance by the following
factors: 1) only four actions are pending before us; 2) the
three Illinois actions have already been consolidated for
discovery; and 3) suitable alternatives to transfer are available
to the parties in order to minimize the possibility of
duplicative discovery and/or conflicting pretrial rulings.
IT IS THEREFORE ORDERED that the motion pursuant to 28 U.S.C.
§1407 to centralize the actions listed on the attached Schedule A
be, and the same hereby is, DENIED.
> FOR THE Cf,Andrew A. Caffrey
Chairman
¥ Judge Milton Pollack took no part in the decision of this
matter.

Case MDL No. 566 Document 2 Filed 06/02/15 Page 2 of 2
SCHEDULE A |
ADL-566 -- In Re Litigation Involving Gentamicin Sulfate for
Therapeutic Use in Animals
District of Colorado -
Schering Corp. v. Intermountain Veterinary Suppl Inc., et al.,
C.A. No. 83-C-388
Northern District of Illinois
Schering Corp. v. Illinois Antibiotics Co., et al., C.A. No. 83-C-1340
Schering Corp. Vv. Kalapharm, Inc., et al., C.A. No. 83-C-1341
Schering Corp. v. W.A. Butler Co., et al., C.A. No. 83-C-1820