Webb et al v. Ethicon, Inc. et al, No. 2:2020cv00489 - Document 2 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER directing that pursuant to PTO # 118 and In re: Ethicon, Inc. Pelvic Repair Sys. Prods. Liab. Litig., 2:12-md-2327 ECF No. 6033, direct filings or transfers of any new actions in MDL 2327 are no longer allowed; therefore this civil action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 7/20/2020. (cc: counsel of record; any unrepresented party) (maw)

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Webb et al v. Ethicon, Inc. et al Doc. 2 Case 2:20-cv-00489 Document 2 Filed 07/20/20 Page 1 of 2 PageID #: 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION MARANDA WEBB and JEREMY WEBB, Plaintiffs, v. Civil Action No. 2:20-cv-00489 Judge Goodwin ETHICON, INC., and JOHNSON & JOHNSON Defendants. MEMORANDUM OPINION AND ORDER On July 17, 2020, 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 their action in the appropriate jurisdiction. The court ORDERS that this civil action be DISMISSED WITHOUT PREJUDICE and STRICKEN from the docket. Dockets.Justia.com Case 2:20-cv-00489 Document 2 Filed 07/20/20 Page 2 of 2 PageID #: 9 The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: July 20, 2020 2

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