Opinion
MDL NO. 1477, C.A. No. 3:03-1310
February 12, 2004
BEFORE THE JUDICIAL PANEL ON MVLTIDISTRICT LITIGATION
CONDITIONAL TRANSFER ORDER (CTO-19)
On August 12. 2002. the Panel transferred six civil actions to the United States District Court for the Southern District of West Virginia for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Since that time. 02 additional actions have been transferred to the Southern District of West Virginia. With the consent of that court, all such actions have been assigned to the Honorable Joseph R. Goodwin,
It appears that the actions on this conditional transfer order involve questions of fact which are common to the actions previously transferred to the Southern District of West Virginia and assigned to Judge Goodwin.
Pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation. 199 F.R.D. 425. 435-36 (2001). these actions are transferred under 28 U.S.C. § 1407 to the Southern District of West Virginia for the reasons stated in the order of August 12. 2002. 217 F. Supp.2d 1372 (J.P.M.L. 2002). and. with the consent of that court, assigned to the Honorable Joseph R. Goodwin.
This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of West Virginia. The transmittal of this order to said Clerk shall be stayed fifteen (15) days from the entry thereof and if any party files a notice of opposition with the Clerk of the Panel within this fifteen (15) day period, the stay will be continued until further order of the Panel,
Dear Ms. Deppner:
I am enclosing one certified and additional copies of a conditional transfer order filed by the Panel in the above-captioned action onJanuary 23, 2004. Section 1407 requires that the transferee clerk ". . . transmit a certified copy of the Panel's order to transfer to the clerk of the district court from which the action is being transferred." As stipulated in Rule 7.4(a) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 435-36 (2001). transmittal of the order has been stayed 15 days to give any part)' an opportunity to oppose the transfer if they wish to do so. The 15-day period has now elapsed, no opposition was received, and the order is directed to you for filing.
On August 12, 2002. the Panel transferred six civil actions to the United States District Court for the Southern District of West Virginia for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Since that time, 92 additional actions have been transferred to the Southern District of West Virginia. With the consent of that court, all such actions have been assigned to the Honorable Joseph R. Goodwin,
It appears that the actions on this conditional transfer order involve questions of fact which are common to the actions previously transferred to the Southern District of West Virginia and assigned to Judge Goodwin.
Pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 435-36 (2001), these actions are transferred under 28 U.S.C. g 1407 to the Southern District of West Virginia for the reasons stated in the order of August 12, 2002, 217 F. Supp.2d 1372 (J.P.M.L. 2002), and. with the consent of that court, assigned to the Honorable Joseph R. Goodwin.
This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of West Virginia. The transmittal of this order to said Clerk shall be stayed fifteen (15) days from the entry thereof and if any party files a notice of opposition with the Clerk of the Panel within this fifteen (15) day period, the stay will be continued until further order of the Panel.