Opinion
Docket No. 1203, C.A. No. 5:02-95
August 13, 2002
TRANSFER ORDER
Before the Panel are motions brought, pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), by plaintiffs in a District of District of Columbia action, a Southern District of Mississippi action, and a Western District of Oklahoma action. These plaintiffs request the Panel to vacate its order conditionally transferring the actions to the Eastern District of Pennsylvania for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Except with respect to the District of District of Columbia action, defendant Wyeth opposes the motions to vacate and favors inclusion of the actions in MDL-1203. Wyeth responds on behalf of itself as well as A.H. Robins Company, Inc., which merged into Wyeth and no longer exists as a separate entity; Wyeth-Ayerst Laboratories Company; and Wyeth-Ayerst Pharmaceuticals, Inc., in the actions in which they are named as defendants.
On the basis of the papers filed and hearing session held, the Panel finds that these three actions involve common questions of fact with the actions in this litigation previously transferred to the Eastern District of Pennsylvania, and that transfer of these three actions to the Eastern District of Pennsylvania for inclusion in the coordinated or consolidated pretrial proceedings in that district will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel further finds that transfer of these actions is appropriate for reasons expressed by the Panel in its original order, as amended, directing centralization in this docket. The Panel held that the Eastern District of Pennsylvania was the proper Section 1407 forum for actions involving claims of liability for exposure to one or more of the diet drugs phentermine, fenfluramine, or dexfenfluramine. See In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, 990 F. Supp. 834 (J.P.M.L. 1998). We note that any motions to remand to state court can be presented to and decided by the transferee court. See, e.g., In re Ivy, 901 F.2d 7 (2nd Cir. 1990); In re Prudential Insurance Company of America Sales Practices Litigation, 170 F. Supp.2d 1346, 1347-48 (J.P.M.L. 2001).
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, these three actions are transferred to the Eastern District of Pennsylvania and, with the consent of that court, assigned to the Honorable Harvey Bartle III for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.