§ Rule 7.2 Miscellaneous Provisions Concerning Tag-Along Actions

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 7.2

Rule 7.2. Miscellaneous Provisions Concerning Tag-Along Actions

    (a) Potential Tag-alongs in Transferee Court. Potential tag-along actions filed in the transferee district do not require Panel action. A party should request assignment of such actions to the Section 1407 transferee judge in accordance with applicable local rules.

    (b) Failure to Serve. Failure to serve one or more of the defendants in a potential tag-along action with the complaint and summons as required by Rule 4 of the Federal Rules of Civil Procedure does not preclude transfer of such action under Section 1407. Such failure, however, may constitute grounds for denying the proposed transfer where prejudice can be shown. The failure of the Clerk of the Panel to serve a CTO on all plaintiffs or defendants or their counsel may constitute grounds for the Clerk to reinstate the CTO or for the aggrieved party to seek § 1407(c) remand.