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O:\USERS\ESTARIEL\DOCS\Panel Graphics\Hearing Session Hearing Session Order & Amendments January 25, 2018 Case MDL No. 2795 Document 100 Filed 01/02/18 Page 1 of 1 UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: CENTURYLINK RESIDENTIAL CUSTOMER BILLING DISPUTES LITIGATION Inter-Marketing Group, USA, Inc. v. Centurylink, Inc., et al., ) W.D. Louisiana, C.A. No. 3:17-01648 ) MDL No. 2795 (Formerly S.D. New York, C.A. No. 1:17-08234) ) FIRST AMENDMENT TO THE HEARING SESSION ORDER AND ATTACHED SCHEDULE FILED DECEMBER 15, 2017 AND ORDER AMENDING CONDITIONAL TRANSFER ORDER This action (Inter-Marketing Group, USA, Inc.,), bearing the Southern District of New York civil action number of 1:17-08234, was included on the Panel’s conditional transfer order (“CTO-3") filed on November 6, 2017. Plaintiff in Inter-Marketing Group, USA, Inc., filed a notice of opposition to the transfer. Plaintiff later filed a motion and brief to vacate the CTO. The matter is scheduled to be heard at the Panel's January 25, 2018, hearing in Miami, Florida. The Panel has now been advised that this action was transferred from the Southern District of New York to the Western District of Louisiana pursuant to 28 U.S.C. § 1404(a), by the Honorable Lewis A. Kaplan in an order filed on December 13, 2017. Coincident to this transfer, Inter- Marketing Group, USA, Inc., was assigned a new Western District of Louisiana civil action number of 3:17-01648. IT IS THEREFORE ORDERED that the Panel’s conditional transfer order designated as “CTO-3" filed on November 6, 2017, is AMENDED to reflect the new Western District of Louisiana civil action number of 3:17-01648. IT IS FURTHER ORDERED that all documents filed with the Panel's CM/ECF system under C.A. No. 1:17-08234 will be re-designated as C.A. No. 3:17-01648. IT IS FURTHER ORDERED that the Hearing Order and Schedule filed on December 15, 2017, is likewise amended to reflect the new Western District of Louisiana civil action number of 3:17-01648. FOR THE PANEL: Jeffery N. Lüthi Clerk of the Panel Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 1 of 28 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: January 25, 2018 LOCATION OF HEARING SESSION: Wilkie D. Ferguson, Jr. U.S. Courthouse Ceremonial Courtroom 13-3, 13th Floor 400 North Miami Avenue Miami, Florida 33128 TIME OF HEARING SESSION: In those matters designated for oral argument, counsel presenting oral argument must be present at 8:00 a.m. in order for the Panel to allocate the amount of time for oral argument. Oral argument will commence at 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 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 attend the Hearing Session. • 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 attend the Hearing Session. 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. Any change in position should be conveyed to Panel staff before the beginning of oral argument. Where an attorney thereafter advocates a position different from that conveyed to Panel staff, the Panel may reduce the allotted argument time and decline to hear further from that attorney. Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 2 of 28 - 2 - • 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 January 8, 2018. The procedures governing Panel oral argument (Panel Rule 11.1) are attached. The Panel strictly adheres to these procedures. FOR THE PANEL: Jeffery N. Lüthi Clerk of the Panel cc: Clerk, United States District for the Southern District of Florida Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 3 of 28 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 January 25, 2018, the Panel will convene a hearing session in Miami, Florida, 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 the Panel will hear oral argument on the matters listed on Section A of the attached Schedule, 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 _________________________________ Sarah S. Vance Chair Marjorie O. Rendell Charles R. Breyer Lewis A. Kaplan Ellen Segal Huvelle R. David Proctor Catherine D. Perry Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 4 of 28 SCHEDULE OF MATTERS FOR HEARING SESSION January 25, 2018 !! Miami, Florida 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. 2809 ! IN RE: ONGLYZA (SAXAGLIPTIN) AND KOMBIGLYZE XR (SAXAGLIPTIN AND METFORMIN) PRODUCTS LIABILITY LITIGATION Motion of plaintiff Carolyn Williams to transfer the following actions to the United States District Court for the Northern District of California: Middle District of Alabama VALLENTINE v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 3:17!00265 Northern District of Alabama PEOPLES v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 5:17!00101 District of Arizona SETTLE v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 2:17!01269 Northern District of California WILLIAMS, ET AL. v. ASTRAZENECA PHARMACEUTICALS LP, ET AL., C.A. No. 3:16!07152 MARTIN v. BRISTOL!MYERS COMPANY, ET AL., C.A. No. 3:17!00661 Northern District of Georgia REID v. BRISTOL!MEYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!01503 TURNER v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!02782 YORK v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!02915 JOHNSON v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!02916 Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 5 of 28 District of Idaho CHRISTENSEN v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!00321 Northern District of Indiana MILLER v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!00330 Southern District of Indiana COUSINS v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 1:17!02607 Eastern District of Kentucky BARNES v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 2:17!00124 TAYLOR, ET AL. v. BRISTOL!MYERS SQUIBB COMPANY, INC., ET AL., C.A. No. 5:16!00260 Western District of Kentucky TUCKER v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 3:17!00268 Eastern District of Louisiana ROSS v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 2:17!00443 LESTER SPEIGHTS v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 2:17!07884 Middle District of Louisiana BROWN v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 3:17!00039 Western District of Louisiana LETELL v. BRISTOL!MYERS SQUIBB CO., ET AL., C.A. No. 2:17!00553 District of New Jersey YOUNG v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 3:17!00347 REEVES, ET AL. v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A. No. 3:17!03024 -2- Case MDL No. 2179 Document 1979 Filed 12/15/17 Page 6 of 28 MITCHELL v. BRISTOL!MYERS SQUIBB COMPANY, ET AL., C.A.
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