Opinion
Docket No. 1348, C.A. No. 1:02-277
August 12, 2002
BEFORE WM. TERRELL HODGES, CHAIRMAN, JOHN F. KEENAN, MOREY L. SEAR, BRUCE M. SELYA,[*] JULIA SMITH GIBBONS, D. LOWELL JENSEN[*] AND J. FREDERICK MOTZ,[*] JUDGES OF THE PANEL
Judge Selya did not participate in the decision of this matter. Judge Motz did not participate in the decision in Vela and Boyer. Judge Jensen did not participate in the decision of Vela. Judge Sear only participated in the decision of this matter with respect to Vela.
TRANSFER ORDER
Presently before the Panel are motions by plaintiffs in these nineteen actions, pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), to vacate the Panelts orders conditionally transferring the actions to the Southern District of New York for inclusion in the Section 1407 proceedings occurring there in this docket. Defendants oppose the motions and favor inclusion of these actions in the centralized pretrial proceedings.
Warner-Lambert Company, Parke-Davis, and Pfizer Inc.
On the basis of the papers filed and hearing session held, the Panel finds that these actions involve common questions of fact with actions in this litigation previously transferred to the Southern District of New York, and that transfer of these actions to that district for inclusion in the coordinated or consolidated pretrial proceedings occurring there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. We note that pending motions to remand these actions to their respective state courts can be presented to and decided by the transferee judge. See, e.g., In re Ivy, 901 F.2d 7 (2d Cir. 1990); In re Prudential Insurance Company of America Sales Practices Litigation, 170 F. Supp.2d 1346, 1347-48 (J.P.M.L. 2001). The Panel further finds that transfer of these actions is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket. The Panel held that the Southern District of New York was the proper Section 1407 forum for actions involving claims of liability for allegedly adverse effects of Rezulin. See In re Rezulin Products Liability Litigation, MDL-1348 (J.P.M.L. June 9, 2000) (unpublished order).
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, these actions are transferred to the Southern District of New York and, with the consent of that court, assigned to the Honorable Lewis A. Kaplan for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.