Summary
This document is Conditional Transfer Order No. 239 issued by the United States Judicial Panel on Multidistrict Litigation in In re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation. It transfers Werner v. Cook Inc. and other tag-along actions to the Southern District of Indiana for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407.
Topics
Practice areas
Questions Presented
- Whether the action should be conditionally transferred to the Southern District of Indiana for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407.
- Whether the conditional transfer should be assigned to Judge Richard L. Young with the consent of the transferee court.
Holdings
- Because the action appeared to involve questions of fact common to actions previously transferred to MDL No. 2570, the action was conditionally transferred to the Southern District of Indiana for coordinated or consolidated pretrial proceedings.
- The conditional transfer order would not become effective until filed in the Office of the Clerk of the United States District Court for the Southern District of Indiana, and transmittal would be stayed for seven days after entry, subject to continuation of the stay if a party filed a notice of opposition.
Key quotations
“It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Southern District of Indiana and assigned to Judge Young.”
“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 Indiana.”
Factual background
Werner v. Cook Inc. was identified as an action involving Cook Medical IVC filters. The Panel determined that the action appeared to involve questions of fact common to actions previously transferred to the Southern District of Indiana in MDL No. 2570.
Procedural history
The action was filed in the Eastern District of California and identified as a tag-along action in the Cook Medical IVC Filters multidistrict litigation. The Judicial Panel on Multidistrict Litigation conditionally transferred the action to the Southern District of Indiana, with that court's consent, for coordinated or consolidated pretrial proceedings before Judge Richard L. Young.