Opinion
Case No. 1:01-CV-9000, (MDL Docket No. 1401).
March 18, 2002.
MEMORANDUM AND ORDER
Sulzer moves the Court to clarify the scope of its Injunction Order, in which the Court enjoined the prosecution of certain claims and proceedings. Specifically, Sulzer asks the Court to clarify whether the Injunction Order prohibits the continued prosecution or entry of orders (procedural or otherwise) in state court cases on appeal. The Court hereby affirms that its Injunction Order does apply to the relevant cases regardless of their procedural posture, including any proceedings on appeal.
The Injunction Order is actually a series of Orders, beginning with an Order dated September 17, 2001 and thereafter modified by Orders dated December 19, 2001, January 31, 2002, February 1, 2002, February 21, 2002, March 8, 2002, and March 14, 2002. These latter Orders were primarily directed at extending the duration of the initial injunction. The Injunction Order ENJOINS: (a) any and all persons from commencing or continuing prosecution (b) of any claim or action or legal proceeding (c) in any federal, state, or territorial court (d) against the "Sulzer Defendants" or their assets (e) related in any way to claims arising out of (f) an alleged product defect in a Sulzer Orthopedic, Inc. Inter-Op acetabular shell hip implant ("hip implant") or Natural Knee II porous coated tibia1 stemmed baseplate knee implant ("knee implant").
IT IS SO ORDERED.