The opinion of the court was delivered by: Cathy Seibel, U.S.D.J.
This Document Relates To All Actions
It appearing that the civil actions listed on Schedule A, attached hereto -- which were transferred to this Court by the April 8, 2013 Order of the Judicial Panel on Multidistrict Litigation ("JPML"), (Doc. 1; MDL Doc. 119), or consolidated with the multidistrict litigation ("MDL") by my April 10, 2013 Order, (Doc. 7) -- merit special attention as complex litigation, it is hereby ORDERED that:
I.APPLICABILITY OF THIS ORDER
The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its April 8, 2013 Order; (2) all related actions against Defendant Bayer HealthCare Pharmaceuticals, Inc. and/or Bayer Corporation ("Bayer") alleging migration or perforation injuries caused by the Mirena intrauterine contraceptive system that were filed in the Southern District of New York and have previously been or will be transferred to MDL-2434; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. This Order vacates any case management or scheduling order issued by a federal court prior to the transfer of a case to MDL-2434. Moreover, all pending motions and discovery requests in the transferor courts are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by this Court.
The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.
III.DIRECT FILING OF CASES
Counsel for Bayer shall advise the Court by letter, by May 11, 2013, whether it will stipulate that it will not object, based on improper venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applicable to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. § 1404(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. § 1391, after considering the recommendations of the parties to that case.
By the close of business on May 11, 2013, the Plaintiffs jointly and the Defendant shall each send the Court separate statements, not to exceed five double-spaced pages, setting forth their preliminary understanding of the facts involved in the litigation and the critical legal issues, as well as a separate list of all related cases pending in state or federal court, together with their current status, including discovery taken to date and pending motions, to the extent known. These statements must be served on opposing counsel but will not be filed with the Clerk of Court, will not be binding, will not waive claims or defenses, and may not be offered in evidence against a party later in the proceedings. Each side is limited to one submission.
All orders, pleadings, motions, and other documents served or filed in MDL-2434 shall ...