Court filing
HEARING ORDER re: pldg. ( 1 in MDL No. 2954) - SECTION A (DESIGNATED FOR ORAL… — Agent Fee Litigation (Dkt. 38)
Summary
A notice of hearing session, hearing session order and schedule of matters issued by the United States Judicial Panel on Multidistrict Litigation and filed June 26, 2020 as Document 38 under Case MDL No. 2954. The order sets a hearing session for July 30, 2020 at 9:30 a.m. in Washington, DC to consider matters under 28 U.S.C. § 1407, and states that in light of the COVID-19 pandemic oral argument on Section A matters will be heard by videoconference or teleconference. Section A lists matters designated for oral argument under Panel Rules 6.1 and 6.2, and Section B lists matters the Panel will consider without oral argument under Panel Rule 11.1(c). Notices of Presentation or Waiver of Oral Argument in Section A matters are due no later than July 6, 2020. The schedule lists dockets including MDL No. 2942 and MDL No. 2944 with their member actions and courts.
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Full text
Case MDL No. 2954 Document 38 Filed 06/26/20 Page 1 of 24
UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
NOTICE OF HEARING SESSION
Pursuant to the order of the United States Judicial Panel on Multidistrict Litigation filed today, notice
is hereby given that a hearing session has been scheduled to consider various matters under
28 U.S.C. § 1407.
DATE OF HEARING SESSION: July 30, 2020
LOCATION OF HEARING SESSION: United States Judicial Panel on Multidistrict Litigation
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, NE
Washington, DC 20544-0005
TIME OF HEARING SESSION: 9:30 a.m.
SCHEDULED MATTERS: Matters scheduled for consideration at this hearing session are listed
on the enclosed Hearing Session Order and Schedule of Matters for Hearing Session.
• Section A of this Schedule lists the matters designated for oral argument by
videoconference or teleconference and includes all actions encompassed by
Motion(s) for transfer filed pursuant to Rules 6.1 and 6.2. Any party waiving oral
argument pursuant to Rule 11.1(d) need not participate in the Hearing Session
videoconference or teleconference.
• Section B of this Schedule lists the matters that the Panel has determined to
consider without oral argument, pursuant to Rule 11.1(c). Parties and
counsel involved in these matters need not participate in the Hearing
Session.
ORAL ARGUMENT:
• THE PANEL WILL HEAR ORAL ARGUMENT BY VIDEOCONFERENCE
OR TELECONFERENCE. Further details regarding how the Hearing Session will
be conducted—including sign-in information, allocation of argument times, and
a mandatory training session for arguing attorneys—shall be provided after the
filing of the parties’ Notices of Presentation or Waiver of Oral Argument.
• The Panel carefully considers the positions advocated in filings with the Panel
when it allocates time to attorneys presenting oral argument. The Panel, therefore,
expects attorneys to adhere to those positions including those concerning an
appropriate transferee district.
Case MDL No. 2954 Document 38 Filed 06/26/20 Page 2 of 24
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• The Panel expects attorneys presenting oral argument to be prepared to discuss what
steps they have taken to pursue alternatives to centralization including, but not
limited to, engaging in informal coordination of discovery and scheduling, and
seeking Section 1404 transfer of one or more of the subject cases.
For those matters listed on Section A of the Schedule, the “Notice of Presentation or Waiver of Oral
Argument” must be filed in this office no later than July 6, 2020. The procedures governing Panel
oral argument (Panel Rule 11.1) are attached. The Panel strictly adheres to these procedures.
FOR THE PANEL:
John W. Nichols
Clerk of the Panel
Case MDL No. 2954 Document 38 Filed 06/26/20 Page 3 of 24
UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
HEARING SESSION ORDER
The Panel issues the following orders in connection with its next hearing session,
IT IS ORDERED that on July 30, 2020, the Panel will convene a hearing session
in Washington, DC, to consider the matters on the attached Schedule under 28 U.S.C. § 1407.
IT IS FURTHER ORDERED that the Panel may, on its own initiative, consider transfer
of any or all of the actions in those matters to any district or districts.
IT IS FURTHER ORDERED that, in light of the ongoing COVID-19 pandemic, the
Panel will hear oral argument on the matters listed on Section A of the attached Schedule by
videoconference or teleconference, unless the parties waive oral argument or unless the Panel
later decides to dispense with oral argument pursuant to Panel Rule 11.1(c).
IT IS FURTHER ORDERED that the Panel will consider without oral argument the
matters listed on Section B of the attached Schedule pursuant to Panel Rule 11.1(c). The Panel
reserves the prerogative, on any basis including submissions of parties pursuant to Panel Rule
11.1(b), to designate any of those matters for oral argument.
IT IS FURTHER ORDERED that the Clerk of the Judicial Panel on Multidistrict
Litigation shall direct notice of this hearing session to counsel for all parties involved in the
matters on the attached Schedule.
PANEL ON MULTIDISTRICT LITIGATION
_______________________________
Karen K. Caldwell
Chair
Ellen Segal Huvelle R. David Proctor
Catherine D. Perry Nathaniel M. Gorton
Matthew F. Kennelly David C. Norton
Case MDL No. 2954 Document 38 Filed 06/26/20 Page 4 of 24
SCHEDULE OF MATTERS FOR HEARING SESSION
July 30, 2020 !! Washington, DC (Videoconference or Teleconference)
SECTION A
MATTERS DESIGNATED FOR ORAL ARGUMENT
This schedule contains only those civil actions listed in the Schedule(s) of Actions submitted with the docketed
motion(s) for transfer. See Panel Rules 6.1 and 6.2. In the event these dockets are centralized, other actions of which
the Panel has been informed may be subject to transfer pursuant to Panel Rule 7.1.)
MDL No. 2942 ! IN RE: COVID!19 BUSINESS INTERRUPTION PROTECTION
INSURANCE LITIGATION
Motion of plaintiffs LH Dining L.L.C., and Newchops Restaurant Comcast LLC to
transfer the following actions to the United States District Court for the Eastern District of
Pennsylvania:
Central District of California
CARIBE RESTAURANT AND NIGHTCLUB, INC. v. TOPA INSURANCE
COMPANY, C.A. No. 2:20!03570
Middle District of Florida
PRIME TIME SPORTS GRILL, INC. v. DTW 1991 UNDERWRITING LIMITED,
C.A. No. 8:20!00771
Southern District of Florida
EL NOVILLO RESTAURANT, ET AL. v. CERTAIN UNDERWRITERS AT
LLOYD'S LONDON, ET AL., C.A. No. 1:20!21525
Northern District of Illinois
BIG ONION TAVERN GROUP, LLC, ET AL. v. SOCIETY INSURANCE, INC.,
C.A. No. 1:20!02005
BILLY GOAT TAVERN I, INC., ET AL. v. SOCIETY INSURANCE,
C.A. 1:20!02068
Southern District of New York
GIO PIZZERIA & BAR HOSPITALITY, LLC, ET AL. v. CERTAIN
UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY
NUMBERS ARP!74910!20 AND ARP!75209!20, C.A. No. 1:20!03107
Case MDL No. 2954 Document 38 Filed 06/26/20 Page 5 of 24
Northern District of Ohio
BRIDAL EXPRESSIONS LLC v. OWNERS INSURANCE COMPANY,
C.A. No. 1:20!00833
District of Oregon
DAKOTA VENTURES, LLC, ET AL. v. OREGON MUTUAL INSURANCE CO.,
C.A. No. 3:20!00630
Eastern District of Pennsylvania
LH DINING LLC v. ADMIRAL INDEMNITY COMPANY, C.A. No. 2:20!01869
NEWCHOPS RESTAURANT COMCAST LLC v. ADMIRAL INDEMNITY
COMPANY, C.A. No. 2:20!01949
Northern District of Texas
BERKSETH!ROJAS DDS v. ASPEN AMERICAN INSURANCE COMPANY,
C.A. No. 3:20!00948
Eastern District of Wisconsin
RISING DOUGH, INC., ET AL. v. SOCIETY INSURANCE, C.A. No. 2:20!00623
Motion of plaintiffs Christie Jo Berkseth-Rojas DDS; Bridal Expressions LLC; Caribe
Restaurant & Nightclub, Inc.; Dakota Ventures, LLC; GIO Pizzeria & Bar Hospitality, LLC, et
al.; Rising Dough Inc., et al.; and Troy Stacy Enterprises Inc. to transfer the preceding actions
and the following actions to the United States District Court for the Northern District of Illinois:
Northern District of Alabama
WAGNER SHOES LLC v. AUTO-OWNERS INSURANCE COMPANY,
C.A. No. 7:20!00465
Middle District of Florida
PRIME TIME SPORTS GRILL, INC. v. DTW 1991 UNDERWRITING LIMITED,
C.A. No. 8:20!00771
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 6 of 24
Northern District of Illinois
SANDY POINT DENTAL PC v. THE CINCINNATI INSURANCE COMPANY,
ET AL., C.A. No. 1:20!02160
Southern District of Ohio
TROY STACY ENTERPRISES INC. v. THE CINCINNATI INSURANCE
COMPANY, C.A. No. 1:20!00312
MDL No. 2944 ! IN RE: JPMORGAN CHASE PAYCHECK PROTECTION
PROGRAM LITIGATION
Motion of plaintiff Hyde-Edwards Salon & Spa to transfer the following actions to the
United States District Court for the Southern District of California and motion of plaintiff Cyber
Defense Group, LLC, to transfer the following actions to the United States District Court for the
Central District of California:
Central District of California
CYBER DEFENSE GROUP, LLC, ET AL. v. JPMORGAN CHASE AND CO.,
ET AL., C.A. No. 2:20!03589
OUTLET TILE CENTER v. JPMORGAN CHASE AND CO., ET AL.,
C.A. No. 2:20!03603
LEGENDARY TRANSPORT, LLC v. JPMORGAN CHASE & CO., ET AL.,
C.A. No. 2:20!03636
Southern District of California
HYDE!EDWARDS SALON & SPA v. JPMORGAN CHASE & CO., ET AL.,
C.A. No. 3:20!00762
District of Colorado
LADAGA VENTURES LLC v. JPMORGAN CHASE BANK, N.A.,
C.A. No. 1:20!01204
Northern District of Illinois
SHA!POPPIN GOURMET POPCORN LLC v. JPMORGAN CHASE BANK, N.A,
ET AL., C.A. No. 1:20!02523
SHINY STRANDS, INC. v. JPMORGAN CHASE & CO., C.A. No. 1:20!02547
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 7 of 24
Southern District of New York
RYAN M. KULL LICENSED CLINICAL SOCIAL WORK LLC v. JP MORGAN
CHASE & CO., ET AL., C.A. No. 1:20!03138
Northern District of Texas
STARWALK OF DALLAS, LLC, ET AL. v. JPMORGAN CHASE & CO.,
C.A. No. 3:20!01005
MDL No. 2945 ! IN RE: AHERN RENTALS, INC., TRADE SECRET LITIGATION
Motion of defendant EquipmentShare.com Inc., to transfer the following actions to the
United States District Court for the District of Nevada:
District of Arizona
AHERN RENTALS, INC. v. EQUIPMENTSHARE.COM INC., ET AL.,
C.A. No. 2:20!00705
Eastern District of California
AHERN RENTALS, INC. v. EQUIPMENTSHARE.COM, INC., ET AL.,
C.A. No. 2:19!01788
District of Colorado
AHERN RENTALS, INC. v. EQUIPMENTSHARE.COM, INC., ET AL.,
C.A. No. 1:20!00941
District of Nevada
AHERN RENTALS, INC. v. EQUIPMENTSHARE.COM, INC., C.A. No. 2:19!02138
AHERN RENTALS, INC. v. WADE, ET AL., C.A. No. 2:20!00094
District of South Carolina
AHERN RENTALS, INC. v. MEADOWS, ET AL., C.A. No. 2:19!02823
AHERN RENTALS, INC. v. DONATO, ET AL., C.A. No. 2:20!01428
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 8 of 24
Southern District of Texas
AHERN RENTALS, INC. v. EQUIPMENTSHARE.COM INC., ET AL.,
C.A. No. 2:20!00046
District of Utah
AHERN RENTALS, INC. v. MCCORMAC, ET AL., C.A. No. 2:19!01003
Western District of Washington
AHERN RENTALS, INC. v. MENDENHALL, ET AL., C.A. No. 2:20!00542
MDL No. 2946 ! IN RE: INCLUSIVE ACCESS COURSE MATERIALS ANTITRUST
LITIGATION
Motion of defendants McGraw Hill LLC; Pearson Education, Inc.; Cengage Learning,
Inc.; Barnes & Noble College Booksellers, LLC; Barnes & Noble Education, Inc.; and Follett
Higher Education Group, Inc., to transfer the following actions to the United States District
Court for the District of Delaware:
District of Delaware
CAMPUS BOOK COMPANY, INC., ET AL. v. MCGRAW!HILL GLOBAL
EDUCATION HOLDINGS, LLC, ET AL., C.A. No. 1:20!00102
Northern District of Illinois
KINSKEY, ET AL. v. CENGAGE LEARNING, INC., ET AL., C.A. No. 1:20!02322
District of New Jersey
BARABAS v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, ET AL.,
C.A. No. 3:20!02442
PICA v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, ET AL.,
C.A. No. 3:20!04856
WARMAN v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, ET AL.,
C.A. No. 3:20!04875
PULEO v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, ET AL.,
C.A. No. 3:20!04990
BELEN v. MCGRAW HILL, LLC, ET AL., C.A. No. 3:20!05394
GORDON, ET AL. v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC,
ET AL., C.A. No. 3:20!05535
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 9 of 24
Southern District of New York
UCHENIK v. MCGRAW HILL, LLC, ET AL., C.A. No. 1:20!03162
MDL No. 2947 ! IN RE: LOWE'S COMPANIES, INC., FAIR LABOR STANDARDS
ACT (FLSA) AND WAGE AND HOUR LITIGATION
Motion of defendants Lowe’s Companies, Inc., and Lowe’s Home Centers, LLC, to
transfer the following actions to the United States District Court for the Western District of
North Carolina:
District of Arizona
GROVE, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!00586
Eastern District of Arkansas
ESTES, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 4:20!00289
District of Colorado
BOGAERT, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 1:20!00695
District of Connecticut
BELASKI v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 3:20!00343
Central District of Illinois
FITZSIMMONS, ET AL. v. LOWE'S COMPANIES, INC., ET AL.,
C.A. No. 1:20!01109
Western District of Kentucky
ANDERSON, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 3:20!00189
District of Maryland
HYDE, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 1:20!00678
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 10 of 24
District of Massachusetts
ROY, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 4:20!40029
District of Minnesota
NEAL v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 0:20!01003
Western District of Missouri
NELSON, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 4:20!00190
District of Nevada
RICKS, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!00515
District of New Jersey
GERBER, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!02773
District of New Mexico
MARTINEZ, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!00234
Eastern District of New York
TIRADO v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 1:20!01472
Western District of North Carolina
DANFORD, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 5:19!00041
Southern District of Ohio
RUMPKE, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!01411
District of South Carolina
FORTE, ET AL. v. LOWE'S COMPANY, INC., ET AL., C.A. No. 2:20!01108
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 11 of 24
Eastern District of Washington
CLEAVENGER, ET AL. v. LOWE'S COMPANIES, INC., ET AL.,
C.A. No. 4:20!05049
Southern District of West Virginia
BOYCE, ET AL. v. LOWE'S COMPANIES, INC., ET AL., C.A. No. 2:20!00228
MDL No. 2948 ! IN RE: TIKTOK, INC., CONSUMER PRIVACY LITIGATION
Motion of plaintiff A.S. to transfer the following actions to the United States District
Court for the Southern District of Illinois:
Northern District of California
IN RE: TIKTOK, INC. PRIVACY LITIGATION, C.A. No. 5:19!07792
P.S., ET AL. v. TIKTOK, INC., ET AL., C.A. No. 5:20!02992
D.M., ET AL. v. TIKTOK, INC., ET AL., C.A. No. 5:20!03185
R.S., ET AL. v. TIKTOK, INC., ET AL., C.A. No. 5:20!03212
S.A. v. TIKTOK, INC., ET AL., C.A. No. 5:20!03294
Northern District of Illinois
E.R. v. TIKTOK, INC., ET AL., C.A. No. 1:20!02810
MARKS v. TIKTOK, INC., C.A. No. 1:20!02883
D.H. v. TIKTOK, INC., ET AL., C.A. No. 1:20!02884
L.B. v. TIKTOK, INC., C.A. No. 1:20!02889
Southern District of Illinois
A.S. v. TIKTOK, INC., ET AL., C.A. No. 3:20!00457
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 12 of 24
MDL No. 2949 ! IN RE: PROFEMUR HIP IMPLANT PRODUCTS LIABILITY
LITIGATION
Motion of plaintiffs Johnny C. Simpson, et al., and Steven M. Chadderdon, et al., to
transfer the following actions to the United States District Court for the Eastern District of
Arkansas:
District of Arizona
CASEY v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 2:19!05360
Eastern District of Arkansas
MUSTICCHI v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 4:19!00607
SIMPSON, ET AL. v. WRIGHT MEDICAL GROUP, INC., ET AL.,
C.A. No. 5:17!00062
Central District of California
BURKHART v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 2:17!08561
BUCHANAN, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 2:19!04824
COLE, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 2:20!03993
BODILY v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 5:18!02244
Eastern District of California
BAKER, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 2:20!00823
Southern District of California
HOFER, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 3:18!01991
SIVILLI v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 3:18!02162
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 13 of 24
District of Colorado
MARSHALL, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 1:19!01883
Northern District of Florida
STOUFFER v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 3:19!03818
Northern District of Georgia
SHARIF, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 1:20!01300
Northern District of Indiana
EVANS, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 3:19!00160
Northern District of Iowa
DUMLER, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 6:17!02033
HILL, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 6:20!02032
District of Kansas
BURDOLSKI v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 2:20!02116
District of Maine
KIEF v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 1:18!00035
District of Maryland
WILLIAMS v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 1:20!00578
District of Massachusetts
GARFIELD, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 1:18!11872
MCDONALD v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 1:18!12570
BRADLEY v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No.1:20!10215
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 14 of 24
MATUSZKO, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 3:20!10200
JURCZYK v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 4:19!40126
District of Minnesota
MONSON v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 0:18!01282
GALE, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 0:20!01009
District of Montana
MATOSICH v. WRIGHT MEDICAL GROUP, INC., ET AL., C.A. No. 9:19!00016
District of New Jersey
LOPEZ, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 1:19!12583
Southern District of New York
SAFIR v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 1:18!10742
District of Oregon
HASKELL v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 3:19!01563
Western District of Pennsylvania
HARRIS, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 2:19!00280
District of South Carolina
MILES v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 4:20!00941
District of Utah
BRADSHAW, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 1:16!00108
BURNINGHAM, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC., ET AL.,
C.A. No. 2:17!00092
SMOLKA v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 2:19!00263
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 15 of 24
Northern District of West Virginia
LAYTON, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 1:20!00083
Eastern District of Wisconsin
RIDOLFI v. WRIGHT MEDICAL TECHNOLOGY, INC., C.A. No. 2:20!00680
Western District of Wisconsin
TZAKIS, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 3:19!00545
CHADDERDON, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
ET AL., C.A. No. 3:19!00787
LARSON v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 3:20!00261
CRAUGH, ET AL. v. WRIGHT MEDICAL TECHNOLOGY, INC.,
C.A. No. 3:20!00270
MDL No. 2950 ! IN RE: PAYCHECK PROTECTION PROGRAM (PPP) AGENT
FEES LITIGATION
Motion of plaintiff Alliant CPA Group LLC, to transfer the following actions to the
United States District Court for the Northern District of Georgia or, in the alternative, the United
States District Court for the District of Arizona:
Northern District of Alabama
LEIGH KING NORTON & UNDERWOOD LLC v. REGIONS FINANCIAL
CORPORATION, ET AL., C.A. No. 2:20!00591
District of Arizona
PANDA ACCOUNTING LLC v. ACADEMY BANK NA, ET AL.,
C.A. No. 2:20!00985
Central District of California
AMERICAN VIDEO DUPLICATING, INC., ET AL. v. CITIGROUP INC., ET AL.,
C.A. No. 2:20!03815
AMERICAN VIDEO DUPLICATING, INC. v. ROYAL BANK OF CANADA,
ET AL., C.A. No. 2:20!04036
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 16 of 24
BRUNNER ACCOUNTING GROUP v. SVB FINANCIAL GROUP, ET AL.,
C.A. No. 2:20!04235
District of Colorado
IMPACCT, LLC v. JPMORGAN CHASE & CO., ET AL., C.A. No. 1:20!01344
Northern District of Florida
SPORT & WHEAT CPA PA v. SERVISFIRST BANK, INC., ET AL.,
C.A. No. 3:20!05425
Northern District of Georgia
ALLIANT CPA GROUP, LLC v. BANK OF AMERICA CORP., ET AL.,
C.A. No. 1:20!02026
Northern District of Illinois
A.D. SIMS, LLC v. WINTRUST FINANCIAL CORPORATION, ET AL.,
C.A. No. 1:20!02644
Southern District of Ohio
DAVID S. LOWRY, CPA, LTD v. U.S. BANCORP, ET AL., C.A. No. 1:20!00348
Western District of Pennsylvania
HALLOCKSHANNON, PC v. CITIZENS & NORTHERN CORP., ET AL.,
C.A. No. 2:20!00714
District of Utah
PANDA GROUP PC v. BANK OF AMERICA CORP., ET AL., C.A. No. 4:20!00045
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 17 of 24
MDL No. 2951 ! IN RE: SECONDARY TICKET MARKET REFUND LITIGATION
Motion of plaintiffs Matthew McMillan; Dustin Snyder, et al.; and Timothy Nellis, et al.,
to transfer the following actions to the United States District Court for the Northern District of
Illinois or, in the alternative, the United States District Court for the Western District of
Wisconsin:
Northern District of California
ALCARAZ v. STUBHUB, INC., C.A. No. 4:20!02595
KOPFMANN v. STUBHUB, INC., C.A. No. 4:20!03025
Northern District of Illinois
NELLIS, ET AL. v. VIVID SEATS LLC, ET AL., C.A. No. 1:20!02486
Southern District of New York
TRADER v. SEATGEEK, INC., C.A. No. 1:20!03248
REYNOLDS v. STUBHUB, INC., ET AL., C.A. No. 1:20!03508
Western District of Wisconsin
MCMILLAN v. STUBHUB, INC., ET AL., C.A. No. 3:20!00319
MDL No. 2952 ! IN RE: BANK OF AMERICA PAYCHECK PROTECTION PROGRAM
LITIGATION
Motion of plaintiffs E-Dealer Direct, LLC, et al., to transfer the following actions to the
United States District Court for the Western District of Texas:
Central District of California
LAW OFFICE OF SABRINA DAMAST, ET AL. v. BANK OF AMERICA CORP.,
ET AL., C.A. No. 2:20!03591
Northern District of California
STUDIO 1220, INC. v. BANK OF AMERICA, NATIONAL ASSOCIATION,
ET AL., C.A. No. 3:20!03081
INFORMATECH CONSULTING, INC. v. BANK OF AMERICA CORP., ET AL.,
C.A. No. 4:20!02892
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 18 of 24
Western District of Texas
E!DEALER DIRECT, LLC, ET AL. v. BANK OF AMERICA CORP.,
C.A. No. 3:20!00139
MDL No. 2953 ! IN RE: COVIDIEN HERNIA MESH PRODUCTS LIABILITY
LITIGATION
Motion of defendants Covidien LP; Covidien Holding Inc.; Covidien, Inc.; Covidien plc;
Tyco Healthcare Group; Tyco International; Sofradim Productions SAS; Medtronic, Inc.; and
MedtronicUSA, Inc., to transfer the following actions to the United States District Court for the
Southern District of New York:
Central District of California
NORTHRUP v. COVIDIEN, LP., ET AL., C.A. No. 5:20!00355
Northern District of California
JORDEN v. COVIDIEN, LP., ET AL., C.A. No. 3:19!05709
Southern District of Florida
DYE v. COVIDIEN LP, C.A. No. 0:18!61485
Eastern District of Louisiana
SINGLETARY, ET AL. v. COVIDIEN LP, ET AL., C.A. No. 2:19!13108
District of Massachusetts
MONROE v. MEDTRONIC, INC., ET AL., C.A. No. 1:20!10144
Southern District of Mississippi
OLIVER v. COVIDIEN SALES LLC, ET AL., C.A. No. 3:19!00795
District of New Jersey
SMITH v. COVIDIEN LP, C.A. No. 1:19!11981
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 19 of 24
Southern District of New York
GREEN v. COVIDIEN LP, C.A. No. 1:18!02939
DUNHAM, ET AL. v. COVIDIEN LP, C.A. No. 1:19!02851
DUNHAM v. COVIDIEN LP, C.A. No. 1:19!02855
KRULEWICH, ET AL. v. COVIDIEN LP, C.A. No. 1:19!02857
Western District of New York
BLACK, ET AL. v. COVIDIEN, PLC, ET AL., C.A. No. 6:17!06085
MDL No. 2954 ! IN RE: WELLS FARGO PAYCHECK PROTECTION PROGRAM
LITIGATION
Motion of plaintiff DNM Contracting, Inc., to transfer the following actions to the United
States District Court for the Southern District of Texas:
Central District of California
BSJA, INC., ET AL. v. WELLS FARGO & COMPANY, ET AL., C.A. No. 2:20!03588
Northern District of California
MA v. WELLS FARGO & COMPANY, ET AL., C.A. No. 3:20!03697
MARSELIAN v. WELLS FARGO & COMPANY, ET AL., C.A. No. 4:20!03166
Southern District of California
KAREN'S CUSTOM GROOMING LLC v. WELLS FARGO & COMPANY, ET AL.,
C.A. No. 3:20!00956
District of Colorado
PHYSICAL THERAPY SPECIALISTS, P.C. v. WELLS FARGO BANK, N.A.,
C.A. No. 1:20!01190
Southern District of Texas
SCHERER v. WELLS FARGO BANK, N.A., C.A. No. 4:20!01295
DNM CONTRACTING, INC. v. WELLS FARGO BANK, N.A., C.A. No. 4:20!01790
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 20 of 24
SECTION B
MATTERS DESIGNATED FOR CONSIDERATION WITHOUT ORAL ARGUMENT
MDL No. 2738 ! IN RE: JOHNSON & JOHNSON TALCUM POWDER PRODUCTS
MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY
LITIGATION
Oppositions of plaintiffs Karen Williams, et al., and Sonna Gregory, et al., to transfer of
their respective following actions to the United States District Court for the District of New
Jersey:
Central District of California
WILLEMS, ET AL. v. JOHNSON & JOHNSON, ET AL., C.A. No. 8:20!00621
Northern District of Georgia
GREGORY, ET AL. v. JOHNSON & JOHNSON, ET AL., C.A. No. 1:20!01443
MDL No. 2741 ! IN RE: ROUNDUP PRODUCTS LIABILITY LITIGATION
Opposition of plaintiff Phillip Mowry to transfer of the following action to the United
States District Court for the Northern District of California:
Middle District of Alabama
MOWRY v. MONSANTO COMPANY, ET AL., C.A. No. 2:20!00215
MDL No. 2782 ! IN RE: ETHICON PHYSIOMESH FLEXIBLE COMPOSITE HERNIA
MESH PRODUCTS LIABILITY LITIGATION
Opposition of plaintiff Valerie Curry to transfer of the following action to the United
States District Court for the Northern District of Georgia:
Northern District of Mississippi
CURRY v. PHC!CLEVELAND, INC., ET AL., C.A. No. 4:20!00058
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 21 of 24
MDL No. 2804 ! IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION
Oppositions of plaintiffs to transfer of their respective following actions to the United
States District Court for the Northern District of Ohio and motion of plaintiff Ronald Bass, Sr.,
to transfer the Bass action to the United States District Court for the Northern District of Ohio:
Southern District of Alabama
CITY OF DAPHNE, ALABAMA v. AMNEAL PHARMACEUTICALS, LLC, ET AL.,
C.A. No. 1:20!00258
POARCH BAND OF CREEK INDIANS v. AMNEAL PHARMACEUTICALS, LLC,
ET AL., C.A. No. 1:20!00279
Middle District of Florida
THE CITY OF ORLANDO, FLORIDA v. CVS HEALTH CORPORATION, ET AL.,
C.A. No. 6:20!00736
District of Kansas
SHAWNEE COUNTY, KANSAS, BOARD OF COMMISSIONERS v. ALLERGAN
PLC, ET AL., C.A. No. 5:20!04022
District of Maryland
TOWN OF COTTAGE CITY, ET AL. v. ALLERGAN PLC, ET AL.,
C.A. No. 8:20!00796
Eastern District of Missouri
DADE COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20!00598
MCDONALD COUNTY, MISSOURI v. ALLERGAN PLC, ET AL.,
C.A. No. 4:20!00620
District of New Jersey
BASS v. PURDUE PHARMA L.P., ET AL., C.A. No. 2:19!19709
Western District of Virginia
FREDERICK COUNTY, VIRGINIA v. MALLINCKRODT PLC, ET AL.,
C.A. No. 5:20!00030
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 22 of 24
MDL No. 2814 ! IN RE: FORD MOTOR CO. DPS6 POWERSHIFT TRANSMISSION
PRODUCTS LIABILITY LITIGATION
Oppositions of plaintiffs Amanda Sutton, Carmen Menjivar Guardado, Steven Rodriguez,
and Patricia Hall to transfer of their respective following actions to the United States District
Court for the Central District of California:
Eastern District of California
SUTTON v. FORD MOTOR COMPANY, C.A. No. 2:20!00407
GUARDADO v. FORD MOTOR COMPANY, ET AL., C.A. No. 2:20!00716
Northern District of California
RODRIGUEZ v. FORD MOTOR COMPANY, C.A. No. 4:20!03260
Southern District of California
HALL v. FORD MOTOR COMPANY, ET AL., C.A. No. 3:20!00609
MDL No. 2843 ! IN RE: FACEBOOK, INC., CONSUMER PRIVACY USER PROFILE
LITIGATION
Opposition of plaintiff Steven W. Wilson to transfer of the following action to the United
States District Court for the Northern District of California:
Eastern District of Pennsylvania
WILSON v. FACEBOOK, INC., ET AL., C.A. No. 2:20!00189
MDL No. 2885 ! IN RE: 3M COMBAT ARMS EARPLUG PRODUCTS LIABILITY
LITIGATION
Oppositions of plaintiffs to transfer of their respective following actions to the United
States District Court for the Northern District of Florida:
District of Minnesota
TRAIL v. 3M COMPANY, ET AL., C.A. No. 0:20!01153
KANE v. 3M COMPANY, ET AL., C.A. No. 0:20!01157
TAYLOR v. 3M COMPANY, ET AL., C.A. No. 0:20!01161
HALL v. 3M COMPANY, ET AL., C.A. No. 0:20!01166
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 23 of 24
GONZALES v. 3M COMPANY, ET AL., C.A. No. 0:20!01171
SKAALERUD v. 3M COMPANY, ET AL., C.A. No. 0:20!01175
Western District of Missouri
EVANS v. 3M COMPANY, ET AL., C.A. No. 6:20!03085
MDL No. 2909 ! IN RE: FAIRLIFE MILK PRODUCTS MARKETING AND SALES
PRACTICES LITIGATION
Opposition of plaintiff Paula Honeycutt to transfer of the following action to the United
States District Court for the Northern District of Illinois:
Northern District of Indiana
HONEYCUTT v. FAIR OAKS FARMS FOOD, LLC, C.A. No. 2:20!00099
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Case MDL No. 2954 Document 38 Filed 06/26/20 Page 24 of 24
RULE 11.1: HEARING SESSIONS AND ORAL ARGUMENT
(a) Schedule. The Panel shall schedule sessions for oral argument and consideration of
other matters as desirable or necessary. The Chair shall determine the time, place and agenda for
each hearing session. The Clerk of the Panel shall give appropriate notice to counsel for all parties.
The Panel may continue its consideration of any scheduled matters.
(b) Oral Argument Statement. Any party affected by a motion may file a separate
statement setting forth reasons why oral argument should, or need not, be heard. Such statements
shall be captioned “Reasons Why Oral Argument Should [Need Not] Be Heard” and shall be limited
to 2 pages.
(i) The parties affected by a motion to transfer may agree to waive oral argument.
The Panel will take this into consideration in determining the need for oral
argument.
(c) Hearing Session. The Panel shall not consider transfer or remand of any action
pending in a federal district court when any party timely opposes such transfer or remand without
first holding a hearing session for the presentation of oral argument. The Panel may dispense with
oral argument if it determines that:
(i) the dispositive issue(s) have been authoritatively decided; or
(ii) the facts and legal arguments are adequately presented and oral argument would
not significantly aid the decisional process.
Unless otherwise ordered, the Panel shall consider all other matters, such as a motion for
reconsideration, upon the basis of the pleadings.
(d) Notification of Oral Argument. The Panel shall promptly notify counsel of those
matters in which oral argument is scheduled, as well as those matters that the Panel will consider on
the pleadings. The Clerk of the Panel shall require counsel to file and serve notice of their intent to
either make or waive oral argument. Failure to do so shall be deemed a waiver of oral argument. If
counsel does not attend oral argument, the matter shall not be rescheduled and that party’s position
shall be treated as submitted for decision on the basis of the pleadings filed.
(i) Absent Panel approval and for good cause shown, only those parties to actions
who have filed a motion or written response to a motion or order shall be
permitted to present oral argument.
(ii) The Panel will not receive oral testimony except upon notice, motion and an
order expressly providing for it.
(e) Duty to Confer. Counsel in an action set for oral argument shall confer separately
prior to that argument for the purpose of organizing their arguments and selecting representatives to
present all views without duplication. Oral argument is a means for counsel to emphasize the key
points of their arguments, and to update the Panel on any events since the conclusion of briefing.1
(f) Time Limit for Oral Argument. Barring exceptional circumstances, the Panel shall
allot a maximum of 20 minutes for oral argument in each matter. The time shall be divided among
those with varying viewpoints. Counsel for the moving party or parties shall generally be heard first.
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