§ Rule 6.2 Motions to Transfer for Coordinated or Consolidated Pretrial Proceedings

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 6.2

Rule 6.2. Motions to Transfer for Coordinated or Consolidated Pretrial Proceedings

    (a) Initiation of Transfer. A party to an action may initiate proceedings to transfer under Section 1407 by filing a motion in accordance with these Rules. A copy of the motion shall be filed in each district court where the motion affects a pending action.

    (b) Notice of Filing of Motion to Transfer. Upon receipt of a motion, the Clerk of the Panel shall issue a “Notice of Filing of Motion to Transfer” to the service list recipients. The Notice shall contain the following: the filing date of the motion, caption, MDL docket number, briefing schedule and pertinent Panel policies. After a motion is filed, the Clerk of the Panel shall consider any other pleading to be a response unless the pleading adds an action. The Clerk of the Panel may designate such a pleading as a motion, and distribute a briefing schedule applicable to all or some of the parties, as appropriate.

    (c) Notice of Appearance. Within 14 days of issuance of a “Notice of the Filing of a Motion to Transfer,” each party or designated attorney shall file a Notice of Appearance in accordance with Rule 4.1(c).

    (d) Notice of Potential Tag-along Actions. Any party or counsel in a new group of actions under consideration for transfer under Section 1407 shall promptly notify the Clerk of the Panel of any potential tag-along actions in which that party is also named or in which that counsel appears.

    (e) Interested Party Responses. Any party or counsel in one or more potential tag-along actions as well as amicus curiae may file a response to a pending motion to transfer. Such a pleading shall be deemed an Interested Party Response.

    (f) Amendment to a Motion. Before amending a motion to transfer, a party shall first contact the Clerk of the Panel to ascertain whether such amendment is feasible and permissible considering the Panel's hearing schedule.

    Any such amendment shall be entitled “Amendment to Motion for Transfer,” and shall clearly and specifically identify and describe the nature of the amendment.

        (i) Where the amended motion includes new civil actions, the amending party shall file a “Schedule of Additional Actions” and a revised Proof of Service.

        (ii) The Proof of Service shall state (A) that all new counsel have been served with a copy of the amendment and all previously-filed motion papers, and (B) that all counsel previously served with the original motion have been served with a copy of the amendment.

        (iii) The Clerk of the Panel may designate the amendment with a different denomination (e.g., a notice of potential tag-along action(s)) and treatment.

    (h) Oral Argument.[FN1] The Panel shall schedule oral arguments as needed and as set forth in Rule 11.1.

    [FN1] So in original. No (g) promulgated.