1:78-F-00336•IN RE: Ortho Pharmaceutical "Lippes Loop" Products Liability Litigation
IN RE: Ortho Pharmaceutical "Lippes Loop" Products Liability Litigation
1:78-F-00336Jpml5 mag 2015
Testo completo
Case MDL No. 336 Document 2 Filed 05/05/15 Page 1 of 6 JUDICIAL PANEL AN Sa ’ MULT TT ni RO | | 113 1970 Co ] DOCKET NO. 336 Jil o | PATTI: DEE Ip 135 oo BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION @ *.% 1998 IN RE ORTHO PHARMACEUTICAL "LIPPES LOOP" PRODUCTS LIABILITY "LITIGATION ORDER TO SHOW CAUSE You and each of you are hereby ORDERED to show cause } Lr why the actions listed on the attached Schedule A should SU not be transferred pursuant to 28 U.S.C. §1407 to a single B district for coordinated or consolidated pretrial pro- oY ceedings. a Responses to this order shall conform with the re- quirements of Rule 8, of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 65 F.R.D. 253 (1975). ~ You are further notified that the issuing of this oo order by the Panel does not affect or suspend orders and Co discovery proceedings in the district courts in which Co said multidistrict litigation is pending. RPJPML : (Rule 16). FOR THE PANEL: oo Ee <) 0 We 1 RE : Sim LG. WISE i John Minor Wisdom E Chairman :
ME Case MDL No. 336 Document 2 Filed 05/05/15 Page 2 of 6 @ Schedule A MDL-336 MIDDLE DISTRICT OF PENNSYLVANIA - "Richard and Susan Lyman v. Ortho Pharmaceutical Civil Action Corp. No. 77-18 EASTERN DISTRICT OF MICHIGAN Nancy Owens v. Ortho Pharmaceutical Civil Action Corp. No. 77-1536 SOUTHERN DISTRICT OF TEXAS Rebecca and Luis Bodmer v. Ortho Pharmaceuticals, Civil Action etc. No. H-77-839 DISTRICT OF NEW MEXICO Carolyn Noble v. Ortho Pharmaceutical Co., Civil Action Inc., et al. No. 77-306~B NORTHERN DISTRICT OF CALIFORNIA C Agatha and Raymond Guzzo v. Ortho Pharmaceutical Civil Action |Corp., et al. No. C76-2708SAW | | | | | _
Ca Case MDL No. 336 Document 2 Filed 05/05/15 Page 3 of 6 | BEFORE THE JUDICIAL PANEL J ON : HUTA pay, MULTIDISTRICT LITIGATION feLig Lo IN RE ORTHO PHARMACEUTICAL "LIPPES ) HR 24 Lo LOOP" PRODUCTS LIABILITY LITIGATION) DOCKET NO LARS, 197g :< Irs, ; B OPINION AND ORDER Kor THES 3p : HP-336 — yor BEFORE JOHN MINOR WISDOM, CHAIRMAN, AND EDWARD WEINFELD, EDWIN b= A. ROBSON, JOSEPH S. LORD, III*, STANLEY A. WEIGEL, ANDREW A. CAFFREY*, AND ROY W. HARPER, JUDGES OF THE PANEL. Ce PER CURIAM - This litigation consists of five actions pending in different federal districts -- one each in the Middle District of Pennsylvania, the Eastern District of Michigan, the Southern ; NESE District of Texas, the District of New Mexico, and the District - - of New Jersey. All these actions involve alleged personal : So injuries resulting from use of an intrauterine contraceptive . device known as the "Lippes Loop." Ortho Pharmaceutical Corp., EE the manufacturer of the Lippes Loop, is named as a defendant : in all five actions. Two of the actions also name plaintiffs’ Co doctors as defendants. Liability is asserted against the LL defendants on principles of, inter alia, strict liability, ~ IERIE breach of express and implied warranties and/or negligence, : EE including inadequate designing, manufacturing and testing of the Lippes Loops and failure to warn adequately of the risks involved in its use. - * Judges Lord and Caffrey took no part in the decision SE of this matter. -
©Case MDL No. 336 Document 2 Filed 05/05/15 Pagedof6 | | Pursuant to 28 U.S.C. §1407 (c) (i) and Rule 8, R.P.J.P. RUE M.L., 65 F.R.D. 253, 258-59 (1975), the Panel ordered the oo parties to show cause why these actions should not be trans- LL ferred to a single district for coordinated or consolidated | i pretrial proceedings. All parties that have responded -- defendant Ortho, one of the defendant physicians, and plaintiffs . in three actions -- oppose transfer. . Although we are of the view that these actions involve | oo some common questions of fact, see generally In re A. H. B Robins Co., Inc. "Dalkon Shield" IUD Products Liability Litigation, 406 F. Supp. 540, 542 (J.P.M.L. 1875), we find oo Hat transfer under Section 1407 would not at the present BE time serve the convenience of the parties and witnesses or - promote the just and efficient conduct of the litigation. Accordingly, we vacate the show cause order. : Plaintiff and defendant Ortho in the New Mexico action SRE represent that pretrial proceedings have been completed and | trial is imminent in that action. In the Michigan action we are advised that a discovery cutoff date of June 1, 1978, and g EE a trial date in August of this year have been set. Because a So these two actions are so advanced, we believe that they should i be excluded from transfer under Section 1407. See In re Celotex oo Corporation "Technifoam" Products Liability Litigation, 68 F.R.D. : ol 502, 505 (J.P.M.L. 1975). Since only three actions remain, we ) Co are not convinced that the common factual issues are sufficiently
“res Case MDL No. 336 Document2 Filed 05/05/15 Page 5 of 6 - 3 = ® complex and the accompanying discovery time consuming enough to justify transfer. See In re Scotch Whiskey Antitrust Litigation, 299 F. Supp. 543, 544 (J.P.M.L. 1969). IT IS THEREFORE ORDERED that the order to show cause regarding the actions listed on the following Schedule A be, and the same hereby is, VACATED, without prejudice to the right of any party to move for transfer under Section 1407 at | a later date if additional actions are filed or if any party believes that future circumstances otherwise warrant transfer. ® eo
Case MDL No. 336 Document 2 Filed 05/05/15 Page 6 of 6 SET DOCKET NO. 336 -~ IN RE ORTHO PHARMACEUTICAL "LIPPES LOOP" PRODUCTS LIABILITY LITIGATION SCHEDULE A MIDDLE DISTRICT OF PENNSYLVANIA Richard and Susan Lyman v. Ortho Pharma- Civil Action ceutical Corp. No. 77-18 EASTERN DISTRICT QF MICHIGAN Nancy Owens v. Ortho Pharmaceutical Civil Action Corp. No. 77-1536 SOUTHERN DISTRICT OF TEXAS Rebecca and Luis Bodmer v. Ortho Civil Action Pharmaceuticals, etc. No. H-77-839 DISTRICT OF NEW MEXICO Carolyn Noble v. Ortho Pharmaceutical Civil Action C Co., Inc., et al. No. 77-306B DISTRICT OF NEW JERSEY Agatha and Raymond Guzzo v. Ortho Civil Action Pharmaceutical Corp., et al. No. 78-162
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.