Opinion
Civil Action No. 2:20-cv-00211
03-25-2020
WYLYNN MILLER and GILBERT MILLER, Plaintiffs, v. BOSTON SCIENTIFIC CORPORATION, Defendant.
MEMORANDUM OPINION AND ORDER
On March 24, 2020, the plaintiffs directly filed a Short Form Complaint in this court despite Pretrial Order ("PTO") # 188 ordering that "plaintiffs may no longer direct file claims against Boston Scientific Corporation in the Boston Scientific Corporation MDL (as set forth in PTO #101) or in any other pelvic mesh MDL assigned to the court[.]" See In re: Boston Scientific Corp. Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2326 ("MDL 2326") filed on June 21, 2018 [ECF # 60111]. On June 20, 2018, the Judicial Panel on Multidistrict Litigation entered a Minute Order Suspending Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions. Id at ECF # 6108. Both orders effectively disallow the direct filing or transfer of any new actions in MDL 2326. If plaintiffs wish to proceed, they must file the action in the appropriate jurisdiction.
The court ORDERS that this civil action be DISMISSED WITHOUT PREJUDICE and STRICKEN from the docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: March 25, 2020
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE