§ Rule 1.1 Definitions

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 1.1

Rule 1.1. Definitions

    (a) “Panel” means the members of the United States Judicial Panel on Multidistrict Litigation appointed by the Chief Justice of the United States pursuant to 28 U.S.C. § 1407.

    (b) “Chair” means the Chair of the Panel appointed by the Chief Justice of the United States pursuant to Section 1407, or the member of the Panel properly designated to act as Chair.

    (c) “Clerk of the Panel” means the official that the Panel appoints to that position. The Clerk of the Panel shall perform such duties that the Panel or the Panel Executive delegates.

    (d) “Electronic Case Filing (ECF)” refers to the Panel's automated system that receives and stores documents filed in electronic form. All attorneys filing pleadings with the Panel must do so using ECF. All pro se individuals are non-ECF users, unless the Panel orders otherwise.

    (e) “MDL” means a multidistrict litigation docket which the Panel is either considering or has created by transferring cases to a transferee district for coordinated or consolidated pretrial proceedings pursuant to Section 1407.

    (f) “Panel Executive” means the official appointed to act as the Panel's Chief Executive and Legal Officer. The Panel Executive may appoint, with the approval of the Panel, necessary deputies, clerical assistants and other employees to perform or assist in the performance of the duties of the Panel Executive. The Panel Executive, with the approval of the Panel, may make such delegations of authority as are necessary for the Panel's efficient operation.

    (g) “Pleadings” means all papers, motions, responses, or replies of any kind filed with the Panel, including exhibits attached thereto, as well as all orders and notices that the Panel issues.

    (h) “Tag-along action” refers to a civil action pending in a district court which involves common questions of fact with either (1) actions on a pending motion to transfer to create an MDL or (2) actions previously transferred to an existing MDL, and which the Panel would consider transferring under Section 1407.

    (i) “Transferee district” is the federal district court to which the Panel transfers an action pursuant to Section 1407, for inclusion in an MDL.

    (j) “Transferor district” is the federal district court where an action was pending prior to its transfer pursuant to Section 1407, for inclusion in an MDL, and where the Panel may remand that action at or before the conclusion of pretrial proceedings.