Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation
Rule: 5.1
Jurisdiction: US
Bluebook Citation: J.P.M.L. R. 5.1
CORPORATE DISCLOSURE STATEMENT (a) Requirements. A nongovernmental corporate party must file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation that directly or indirectly owns 10% or more of its stock; or (2) states that there is no such corporation. (b) Deadline. A party shall file the corporate disclosure statement within 14 days of the Clerk of the Panel issuing a “Notice of Filing” of a motion to transfer or remand, an order to show cause, or a motion to vacate a conditional transfer order or a conditional remand order. (c) Updating. Each party must promptly update its corporate disclosure statement to reflect any change in the information therein (i) until the matter before the Panel is decided, and (ii) within 14 days of the Clerk of the Panel issuing a “Notice of Filing” of any subsequent motion to transfer or remand, order to show cause, or motion to vacate a conditional transfer order or a conditional remand order in that docket. RULE 6.1: MOTION PRACTICE (a) Application. This Rule governs all motions requesting Panel action generally (except for motions challenging a multicircuit consolidation order, which are governed by Rule 25.7). More specific provisions may apply to motions to transfer (Rule 6.2), miscellaneous motions (Rule 6.3), conditional transfer orders (Rule 7.1), show cause orders (Rule 8.1), conditional remand orders (Rule 10.2), and motions to remand (Rule 10.3). (b) Form of Motions. All motions shall briefly describe the action or relief sought and shall include: (i) (ii) a brief which concisely states the background of the litigation and movant’s factual and legal contentions; a numbered schedule providing (A) the complete name of each action involved, listing the full name of each party included as such on the district court’s docket sheet, not shortened by the use of references such as “et al.” or “etc.”; (B) the district court and division where each action is pending; (C) the civil action number of each action; and (D) the name of the judge assigned each action, if known; - 7 - (iii) proof of service providing (A) a service list listing the full name of each party included on the district court’s docket sheet and the complaint, including opt-in plaintiffs not listed on the docket sheet; and (B) in actions where there are 25 or more plaintiffs listed on the docket sheet, list the first named plaintiff with the reference “et al.” if all the plaintiffs are represented by the same attorney(s); (iv) a copy of all complaints and docket sheets for all actions listed on the Schedule; and (v) exhibits, if any, identified by number or letter and a descriptive title. (c) Responses and Joinders. Any other party may file a response within 21 days after filing of a motion. Failure to respond to a motion shall be treated as that party’s acquiescence to it. A joinder in a motion shall not add any action to that motion. (d) Replies. The movant may file a reply within 7 days after the lapse of the time period for filing a response. Where a movant is replying to more than one response in opposition, the movant may file a consolidated reply with a limit of 20 pages. (e) Alteration of Time Periods and Page Limits. The Clerk of the Panel has the discretion to shorten or enlarge the time periods and page limits set forth in these Rules as necessary. (f) Notification of Developments. Counsel shall promptly notify the Clerk of the Panel of any potential tag-along actions and any development that would partially or completely moot any Panel matter. 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 notice of filing and schedule of actions shall be served on each district court where the motion affects a pending action subject to the motion to transfer. (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 case document filed with the Panel relating to actions subject to the motion to transfer to be a response unless the case document adds an action. The Clerk of the Panel may designate such a case document that adds an action as a motion and distribute a briefing schedule applicable to all or some of the parties, as appropriate. - 8 - (c) Notice of Appearance. Within 14 days of the Clerk of the Panel issuing a “Notice of Filing of 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 case document shall be deemed an Interested Party Response. Interested Party Responses must be filed promptly, and absent leave of the Panel and for good cause shown, no later than 7 days prior to the hearing session at which the Panel will hear the motion for transfer. (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. (g) Oral Argument. The Panel shall schedule oral arguments as needed and as set forth in Rule 11.1. RULE 6.3: MOTIONS FOR MISCELLANEOUS RELIEF (a) Definition. Motions for miscellaneous relief include, but are not limited to, requests for extensions of time, exemption from CM/ECF requirements, page limit extensions, or expedited consideration of any motion. (b) Panel Action. The Panel, through the Clerk, may act upon any motion for miscellaneous relief, at any time, without waiting for a response. A motion for extension of time to file a case document or perform an act under these Rules must state specifically the revised date sought and must be filed before the deadline for filing the case document or performing the act. Any party aggrieved by the Clerk of the Panel’s action may file objections for consideration. Absent exceptional circumstances, the Panel will not grant any extensions of time to file a notice of opposition to either a conditional transfer order or a conditional remand order. - 9 -
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