Stoverv.Ethicon, Inc. (In re Ethicon, Inc. Pelvic Repair Sys. Prods. Liab. Litig.)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISIONJun 11, 2019
MDL NO. 2327 (S.D.W. Va. Jun. 11, 2019)

MDL NO. 2327 Civil Action No. 2:19-cv-00441

06-11-2019

IN RE: ETHICON, INC. PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHIRLEY J. STOVER and DELBERT L. STOVER, Plaintiffs, v. ETHICON, INC. and JOHNSON & JOHNSON, Defendants.


MEMORANDUM OPINION AND ORDER

On June 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 or any related entities 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 19, 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.

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: June 11, 2019

/s/_________


JOSEPH R. GOODWIN


UNITED STATES DISTRICT JUDGE