§ Rule 10.2 Conditional Remand Orders (CRO)
Rule 10.2. Conditional Remand Orders (CRO)
(a) Entering a CRO. Upon the suggestion of the transferee judge or the Panel's own initiative, the Clerk of the Panel shall enter a conditional order remanding the action or actions to the transferor district court. The Clerk of the Panel shall serve this order on each party to the litigation but shall not send the order to the clerk of the transferee district court for 7 days from the entry thereof.
(i) [FN1] The Panel may, on its own initiative, also enter an order that the parties show cause why a matter should not be remanded. Rule 8.1 applies to responses and replies with respect to such a show cause order.
(b) Notice of Opposition. Any party opposing the CRO shall file a notice of opposition with the Clerk of the Panel within the 7-day period. In such event, the Clerk of the Panel shall not transmit the remand order to the clerk of the transferee district court and shall notify the parties of the briefing schedule.
(c) Failure to Respond. Failure to respond to a CRO shall be treated as that party's acquiescence to it.
(d) Notice of Appearance. Within 14 days after the issuance of a “Notice of Filed Opposition” to a CRO, each opposing party or designated attorney shall file a Notice of Appearance in accordance with Rule 4.1(c).
(e) Motion to Vacate CRO. Within 14 days of the filing of its notice of opposition, the party opposing remand shall file a motion to vacate the CRO and brief in support thereof. The Clerk of the Panel shall set the motion for the next appropriate Panel hearing session. Failure to file and serve a motion and brief shall be treated as a withdrawal of the opposition and the Clerk of the Panel shall forthwith transmit the order to the clerk of the transferee district court.
(f) Effective Date of CRO. CROs are not effective until filed with the clerk of the transferee district court.
[FN1] So in original. No (ii) promulgated.