Opinion
MDL 3014 3021 Master Misc. 21-1230 22-mc-152
12-18-2024
IN RE PHILIPS RECALLED CPAP, BI-LEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LITIGATION This Document Relates to All Actions IN RE SOCLEAN, INC., MARKETING. SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION This Document Relates to All Actions
ORDER OF COURT
Joy Flowers Conti Senior United States District Court Judge
AND NOW this 18th day of December, 2024, in accordance with the memorandum opinion, it is hereby ORDERED that:
(1) the amended third-party complaint in the Philips MDL (Misc. No. 21-1230, ECF No. 2922) will be severed forthwith and the clerk of courts is instructed to place it in a new civil action, which will be marked as related to the Philips MDL;
(2) The pending motion to strike/dismiss the third-party complaint filed by SoClean, as defined in the accompanying opinion (Misc. No. 21-1230, ECF Nos. 2995, 2997) is
granted in part, to the extent the third-party complaint is severed and shall proceed as a separate civil action. That motion to dismiss shall also be placed in the new civil action;
(3) the new “class action complaint” filed in the SoClean MDL (Misc. No. 22-152, ECF No. 659) is hereby DISMISSED without prejudice to Philips, as defined in the accompanying opinion, being able to refile the complaint in a new civil action in accordance with the case management deadlines set forth below:
(a) If Philips chooses to refile its class action complaint in this court, it shall do so on or before January 7, 2025, at a new civil action;
(b) SoClean shall file any motion to dismiss the refiled class action complaint on or before January 28, 2025;
(c) Philips shall file its response to any motion to dismiss by February 11, 2025;
(d) The court will be prepared to hear argument on the motions to dismiss in the new civil actions, if necessary, on or after February 18, 2025, at a date and time convenient to the court and counsel.
SoClean's motion to strike/dismiss the class action complaint (Misc. No. 22-152, ECF No. 737) is DENIED without prejudice to reassert if Philips refiles the class action complaint in a new civil action.