Opinion
No. C02-5665FDB
January 8, 2003
ORDER DENYING PLAINTIFF'S MOTION FOR EMERGENCY HEARING
This matter is before the Court pursuant to Plaintiff's Motion for Emergency Hearing (dkt. #9). Plaintiff moves to have an emergency hearing on the grounds that her case has been improperly removed and is in imminent danger of being transferred, as an MDL case, to the Eastern District of Pennsylvania. Defendant Wyeth opposes Plaintiff's motion on the ground that there is no emergency which requires the Court's immediate attention. Defendant Wyeth correctly points out that in order for Plaintiff to forestall any immediate transfer of her case, Plaintiff need only file an objection to transfer with the Judicial Panel fifteen days after the Judicial Panel issues its conditional transfer order. See Rule 1.5, 7.4(a), 7.4(c), R.P.J.P.M.L., 199 F.R.D. 425 (2001).
Any concerns regarding this Court's ability to rule on Plaintiff's motion to remand are misplaced. This Court presently has jurisdiction to decide this matter and will exercise its jurisdiction unless or until it is divested of said jurisdiction by either the Judicial Panel on Multidistrict Litigation or by its own order. Plaintiff's motion for remand will be heard as it is presently noted, thereby affording Defendants sufficient time to respond.
ACCORDINGLY,
IT IS SO ORDERED:
(1) Plaintiff's Motion for Emergency Hearing (dkt. #9) is DENIED; and
(2) Plaintiff's Motion for Remand will be heard as it is presently noted.