Direct Filings of Complaint
Any plaintiff whose case would be subject to transfer to MDL No. 2329 may file their claims directly in this MDL1 to be included in this proceeding for the purposes stated in the Judicial Panel on Multidistrict Litigation February 27, 2012, Transfer Order (the “Transfer Order”). Direct Filed Cases will be governed by the provisions of the Transfer Order and 28 U.S.C. § 1391.
Consolidation of an action in MDL No. 2329, whether the action was transferred to, or originally filed, in this proceeding, will not be deemed a determination that jurisdiction or venue is proper in the Northern District of Georgia.
This Order does not prohibit a party from filing an appropriate motion to remand, or for such other relief, if the party concludes that an action transferred to , or directly filed in, this MDL is not related to MDL No. 2329.
The direct filing of a case in this MDL pursuant to this Order does not itself determine the choice of law to be applied to the case filed.
Attorneys who appear in MDL No. 2329 are bound by Pretrial Order No. 1, ¶¶ 3-6, including its provisions regarding attorney admission, electronic filing, and use the Public Access to Court Electronic Records (“PACER”) system and PACER accounts.
Service of Process
Defendant has not waived service of process and all initial Complaints, including Short-Form Complaints in Direct Filed Cases, must be served on Defendants as required by Rule 4 of the Federal Rules of Civil Procedure. For subsequent pleadings, to include Short-Form Complaints filed by Plaintiffs in Early Transferred and Transferred Cases, no additional service of process is required. For any pleading or submission not required to be filed in CM/ECF, service may be made upon Plaintiff’s Co-Lead Counsel at MMcglamryMDL@pmkm.com and upon Defendants’ Counsel at DJAsh@duanemorris.com.
1 The Civil Local Rules of Practice for the United States District Court for the Northern District of Georgia (“LR 5.1, NDGa.”) will apply to these actions and all filings in the MDL.