Opinion
MDL No. 1938.
April 8, 2008.
Before D. LOWELL JENSEN, Acting Chairman, JOHN G. HEYBURN II, Chairman, J. FREDERICK MOTZ, ROBERT L. MILLER, JR., KATHRYN H. VRATIL, DAVID R. HANSEN and ANTHONY J. SCIRICAfn_, Judges of the Panel.
Judges Heyburn, Motz and Scirica did not participate in the disposition of this matter.
Judges Heyburn, Motz and Scirica did not participate in the disposition of this matter.
TRANSFER ORDER
Before the entire Panel fn_: Plaintiffs in eleven actions have submitted five motions, pursuant to 28 U.S.C. § 1407, for centralization of a total of 33 actions. No responding party opposes centralization, but there is disagreement over the selection of a transferee forum. Moving and responding plaintiffs variously support centralization in the following districts: the Northern District of California, the District of Colorado, the Middle District of Florida, the Eastern District of Louisiana, the District of Minnesota, the Southern District of Mississippi, the Eastern or Western District of Missouri, the District of New Jersey, the Southern District of New York, or the Northern District of Ohio. Responding defendants support centralization in the District of New Jersey.
Although additional submissions styled as "motions" were submitted to the Panel, they were docketed as responses in accordance with Panel Rule 7.2(h). See Rule 7.2(h), R.P.J.P.M.L., 199 F.R.D. 425, 434 (2001).
Merck/Schering-Plough Pharmaceuticals; Merck Co., Inc. (Merck); Schering-Plough Corp. (Schering-Plough); Schering Corp.; Schering-Plough Biopharma; Schering-Plough Healthcare Products, Inc.; Schering-Plough Healthcare Products Sales Corp.; Merck Sharp Dohme (Italia) S.P.A.; MSP Singapore Co., LLC; and MSP Technology Singapore PTE, Ltd.
This litigation currently consists of 33 actions listed on Schedule A and pending in seventeen districts as follows: twelve actions in the District of New Jersey, three actions in the Northern District of California, two actions each in the District of Kansas, the Northern District of Mississippi, the Southern District of New York, and the Northern District of Ohio, and one action each in the Eastern District of California, the District of Colorado, the Middle District of Florida, the Southern District of Florida, the Eastern District of Louisiana, the District of Minnesota, the Eastern District of New York, the Southern District of Ohio, the Eastern District of Pennsylvania, and the District of Puerto Rico.
In addition to the 33 actions now before the Panel, the parties have notified the Panel of 67 related actions pending in various districts across the country. These actions and any other related actions will be treated as potential tag-along actions. See Rules 7.4 and 7.5, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001).
On the basis of the papers filed and hearing session held, we find that these 33 actions involve common questions of fact, and that centralization under Section 1407 in the District of New Jersey will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions share factual questions concerning allegations relating to the use and/or marketing of the drugs Vytorin and/or Zetia. Centralization under Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including those with respect to certification of class actions; and conserve the resources of the parties, their counsel and the judiciary.
We are persuaded that the District of New Jersey is an appropriate transferee forum for this litigation. Because Merck and Schering-Plough have their corporate headquarters within the District of New Jersey, relevant discovery may be found there. In addition, transfer to this district enjoys the support of defendants and several plaintiffs.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the District of New Jersey are transferred to the District of New Jersey and, with the consent of that court, assigned to the Honorable Dennis M. Cavanaugh for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A.
SCHEDULE A
Eastern District of California
George Artenstein v. Merck Co., Inc., et al., C.A. No. 2:08-152
Northern District of California
Richard Haskin v. Merck Co., Inc., et al., C.A. No. 3:08-376
ASEA/AFSCME Local 52 Health Benefits Trust, et al. v. Merck Co., Inc., et al., C.A. No. 3:08-531
Helen Aronis v. Merck Co., Inc., et al., C.A. No. 4:08-352
District of Colorado
Ronna Dee Kitsmiller, et al. v. Merck Co., Inc., et al., C.A. No. 1:08-120 Middle District of Florida
Marion J. Greene v. Merck Co., Inc., et al., C.A. No. 3:08-69
Southern District of Florida
Sam A. Ciotti v. Merck Co., Inc., et al., C.A. No. 0:08-60077
District of Kansas
Charles Swanson, et al. v. Merck Co., Inc., et al., C.A. No. 2:08-2040
John P. Dudley v. Merck Co., Inc., et al., C.A. No. 6:08-1027
Eastern District of Louisiana
RoseAnn S. Flores v. Merck Co., Inc., et al., C.A. No. 2:08-674 District of Minnesota
Jody Fischer v. Merck Co., Inc., et al., C.A. No. 0:08-203
Northern District of Mississippi
Susan McCulley v. Merck Co., Inc., et al., C.A. No. 2:08-16
Lisa Mims v. Merck Co., Inc., et al., C.A. No. 4:08-10
District of New Jersey
Rita Polk v. Schering-Plough Corp., et al., C.A. No. 2:08-285
Jay Klitzner v. Schering-Plough Corp., et al., C.A. No. 2:08-316
Sandra Weiss v. Schering-Plough Corp., et al., C.A. No. 2:08-320
Lionel Galperin v. Merck Co., Inc., et al., C.A. No. 2:08-349
Robert J. McGarry v. Merck Co., Inc., et al., C.A. No. 2:08-350
Charles D. Maurer, et al. v. Schering-Plough Corp., et al., C.A. No. 2:08-393
Daniel A. Brown v. Merck Co., Inc., et al., C.A. No. 2:08-395
Steven Knight v. Merck Co., Inc., et al., C.A. No. 2:08-396
Ken W. Bever v. Schering-Plough Corp., et al., C.A. No. 2:08-430
David DeAngelis v. Schering-Plough Corp., et al., C.A. No. 2:08-431
Ciro Verdi, et al. v. Schering-Plough Corp., et al., C.A. No. 2:08-432
Marilyn Woodman v. Schering-Plough Corp., et al., C.A. No. 2:08-437
Eastern District of New York
Sigmond Tomaszewski v. Merck Co., Inc., et al., C.A. No. 1:08-258
Southern District of New York
Joyce B. Rheingold, et al. v. Merck Co., Inc., et al., C.A. No. 1:08-438
Stanley Levy, et al. v. Merck Co., Inc., et al., C.A. No. 1:08-491
Northern District of Ohio
Theodore Sahley v. Merck Co., Inc., et al., C.A. No. 1:08-153
Panayiotis Balaouras v. Merck Co., Inc., et al., C.A. No. 1:08-198 Southern District of Ohio
Dennis Kean v. Merck Co., Inc., et al., C.A. No. 2:08-61
Eastern District of Pennsylvania
Fred Singer v. Merck Co., Inc., et al., C.A. No. 2:08-331
District of Puerto Rico
Alexis Alicea-Figueroa, et al. v. Merck Co., Inc., et al., C.A. No. 3:08-1099