In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Litigation

Summary

The United States District Court for the Western District of Pennsylvania granted in part Philips' motion to dismiss several cases in the Philips recalled CPAP multidistrict litigation. The court dismissed with prejudice the claims of Flores-Cruz, Burke, Young, and Chance for failure to comply with docket management deadlines and to show good cause, while holding the motion in abeyance as to Hamilton.

Holdings

1. Where Litigating Plaintiffs failed to comply with the Docket Management Order and supplemental deadlines, failed to cure the deficiencies or demonstrate good cause after a show-cause order, and did not respond to the dismissal motion, their cases were subject to dismissal with prejudice under paragraphs 20 and 21 of the Docket Management Order.

Questions Presented

1. Whether the court should dismiss with prejudice the cases of Litigating Plaintiffs who failed to comply with the Docket Management Order and supplemental deadlines.
2. Whether the plaintiffs' failure to respond to the show-cause order or demonstrate good cause required dismissal under paragraphs 20 and 21 of the Docket Management Order.

Disposition

dismissed