Opinion
MDL NO. 1407
November 17, 2003
It appearing to the Court that there are outstanding motions for remand to state court, and motions to dismiss pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6) or for a more definite statement pursuant to FRCP 12(e), the Court rules as follows:
The Court recently issued a number of orders dismissing cases or claims for failure to comply with court-ordered discovery, or for alleging solely cardiac injuries. Therefore, the Court is of the opinion that many of the outstanding motions for remand to state court and motions to dismiss or for a more definite statement are now moot.
The Court therefore ORDERS all motions for remand to state court and motions to dismiss pursuant to FRCP 12(b)(6) or for a more definite statement pursuant to FRCP 12(e) pending at the time of entry of this Order to be STRICKEN. Where appropriate, parties may re-file within 10 days of entry of this Order.
With respect to motions for remand to state court, counsel are urged to consider whether to re-file such motions, given the Court's ruling on similar motions to remand.
With respect to motions to dismiss or for a more definite statement, counsel are encouraged, where possible, to file a single motion seeking dismissal of the claims of all plaintiffs whom defendants believe should be dismissed on similar grounds, or from whom defendants would like a more definite statement.