Opinion
MDL 3014
03-03-2022
IN RE: PHILIPS RECALLED CPAP, BI-LEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LIABILITY LITIGATION
(SEE ATTACHED SCHEDULE)
CONDITIONAL TRANSFER ORDER (CTO -19)
On October 8, 2021, the Panel transferred 10 civil action(s) to the United States District Court for the Western District of Pennsylvania for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See __ F.Supp.3d __ (J.P.M.L. 2021). Since that time, 157 additional action(s) have been transferred to the Western District of Pennsylvania. With the consent of that court, all such actions have been assigned to the Honorable Joy Flowers Conti.
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 Western District of Pennsylvania and assigned to Judge Conti.
Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Western District of Pennsylvania for the reasons stated in the order of October 8, 2021, and, with the consent of that court, assigned to the Honorable Joy Flowers Conti.
This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Western District of Pennsylvania. The transmittal of this order to said Clerk shall be stayed days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7−day period, the stay will be continued until further order of the Panel.
SCHEDULE CTO-19 - TAG-ALONG ACTIONS
DIST
DIV.
C.A.NO.
CASE CAPTION
ARKANSAS EASTERN
ARE
2
22−00030
Carter v. Phillips North America LLC et al
CALIFORNIA NORTHERN
CAN
4
22−00911
Hoze v. Koninklijke Philips N.V. et al
LOUISIANA EASTERN
LAE
2
22−00391
Barnes v. Koninklijke Philips NV et al
LAE
2
22−00392
Trosclair v. Koninklijke Philips NV et al
MARYLAND
MD
8
22−00390
Lawrence v. Koninklijke Philips N.V. et al
MISSISSIPPI SOUTHERN
MSS
5
22−00009
L. E. S. v. Koninklijke Philips N.V, et al
TEXAS WESTERN
TXW
1
22−00124
Stillman v. Koninklijke Philips N.V. et al