Burr et al v. Ethicon, Inc. et al, No. 2:2019cv00648 - Document 4 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER directing that if plaintiffs wish to proceed, they must file the action in the appropriate jurisdiction; this civil action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 9/11/2019. (cc: counsel of record; any unrepresented party) (st)

Download PDF
Burr et al v. Ethicon, Inc. et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION IN RE: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION MDL NO. 2327 THIS DOCUMENT RELATES TO: CINDY J.M. BURR and MICHAEL J. BURR Plaintiffs, v. Civil Action No. 2:19-cv-00648 Judge Goodwin ETHICON, INC. and JOHNSON & JOHNSON, Defendants. MEMORANDUM OPINION AND ORDER On September 10, 2019, the plaintiffs directly filed a Short Form Complaint in this court despite Pretrial Order (“PTO”) # 304 ordering that “plaintiffs may no longer direct file claims against Ethicon, Inc. or Johnson & Johnson in the Ethicon MDL (as set forth in PTO #118) or in any other pelvic mesh MDL assigned to the court[.]” See In re: Ethicon, Inc. Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2327 (“MDL 2327”) filed on June 21, 2018 [ECF # 6033]. 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 # 6031. Both orders effectively disallow the direct filing or transfer of any new actions in MDL 2327. If plaintiffs wish to proceed, they must file the action in the appropriate jurisdiction. Dockets.Justia.com 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: September 11, 2019 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.