Judicial Panel on Multidistrict Litigation Issues Order on Fluidmaster
IN RE:
TRANSFER ORDER
Before the Panel:
After considering the argument of counsel, we find that this action involves common questions of fact with the actions previously transferred to MDL No. 2575, and that transfer under 28 U.S.C. * 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. Moreover, transfer is warranted for the reasons discussed in our order directing centralization. In that order, we held that "[a]ll actions involve common factual questions about the allegedlydefective nature ofFluidmaster's NO-BURST water connector product lines. Specifically, plaintiffs allege that the lines fail in one of two ways: (1) the braided stainless steel lines rupture due to the use of substandard materials, or (2) the acetal coupling nut on the water connector fractures as a result of inferior materials and its sharp edged design." See In re:
Defendant Merrimack opposes transfer by arguing that it has filed a
Merrimack also argues that transfer will inconvenience its
IT IS THEREFORE ORDERED that this action is transferred to the
PANEL ON MULTIDISTRICT LITIGATION
Chair
SCHEDULE A
District of
1 See In re: Watson Fentanyl Patch Prods. Liab. Litig., 883 F. Supp. 2d 1350, 1351-52 (J.P.M.L. 1 2012) ("While we are aware that centralization may pose some inconvenience to some parties, in deciding issues of transfer under Section 1407, we look to the overall convenience of the parties and witnesses, not just those of a single plaintiff or defendant in isolation.").
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