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RULES OF PROCEDURE OF THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION , 389037db3bcee1be (2020)

RULES OF PROCEDURE OF THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (EFFECTIVE NOVEMBER 2, 1998, INCLUDING AMENDMENTS EFFECTIVE JULY

Rule 3.2. ECF Users: Filing Requirements , 3.2 (2020)

(i) Each pleading shall bear the heading "Before the United States Judicial Panel on Multidistrict Litigation," the identification "MDL No. ___" and the Registration/possession of a CM/ECF account with any United States federal court shall be deemed consent to receive electronic service of all Panel orders United States Judicial Panel on Multidistrict Litigation Thurgood Marshall Federal Judiciary Building One Columbus Circle, NE, Room G-255, North

Rule 1.1. Definitions , 1.1 (2020)

Definitions (a) "Panel" means the members of the United States Judicial Panel on Multidistrict Litigation appointed by the Chief Justice of the United (b) "Chair" means the Chair of the Panel appointed by the Chief Justice of the United States pursuant to Section 1407, or the member of the Panel properly (e) "MDL" means a multidistrict litigation docket which the Panel is either considering or has created by transferring cases to a transferee district for

Rule 25.4. Form of Notices; Place of Filing , 25.4 (2020)

Each notice shall bear the heading Notice to the United States Judicial Panel on Multidistrict Litigation of Multicircuit Petitions for Review," followed

Rule 3.3. Non-ecf Users: Filing Requirements , 3.3 (2020)

File an original and one copy of all pleadings with the Clerk of the Panel by mailing or delivering to: Clerk of the Panel United States Judicial Panel on Multidistrict Litigation Thurgood Marshall Federal Judiciary Building One Columbus Circle, NE, Room G-255, North Lobby Washington, DC 20002-8041 (ii) The Clerk of the Panel shall endorse the date for filing on all pleadings submitted for filing. Amended Effective October 4, 2010.

Rule 8.1. Show Cause Orders , 8.1 (2020)

When transfer of multidistrict litigation is being considered on the initiative of the Panel pursuant to 28 U.S.C. § 1407(c)(i), the Clerk of the Panel Any party shall also promptly notify the Clerk of the Panel whenever they learn of any other federal district court actions which are similar to those Failure to respond to a show cause order shall be treated as that party's acquiescence to the Panel action. (d) Replies.

Rule 4.1. Service of Pleadings , 4.1 (2020)

Registration/possession by counsel of a CM/ECF account with any United States federal court shall be deemed consent to receive electronic service of all All pleadings shall contain a proof of service on all other parties in all involved actions. Liaison counsel shall receive copies of all Panel orders concerning their particular litigation and shall be responsible for distribution to the parties

Rule 2.1. Rules and Practice , 2.1 (2020)

Every member in good standing of the Bar of any district court of the United States is entitled to practice before the Panel, provided, however, that he or she has established and maintains a CM/ECF account with any United States federal court. Any attorney of record in any action transferred under Section 1407 may continue to represent his or her client in any district court of the United States

Rule 3.1. Electronic Records and Files; Copy Fees , 3.1 (2020)

Effective October 4, 2010, the official Panel record shall be the electronic file maintained on the Panel's servers. This record includes, but is not limited to, Panel pleadings, documents filed in paper and then scanned and made part of the electronic record, and Panel The Clerk of the Panel may charge fees for duplicating records and files, as prescribed by the Judicial Conference of the United States.

Rule 6.1. Motion Practice , 6.1 (2020)

This Rule governs all motions requesting Panel action generally. All motions shall briefly describe the action or relief sought and shall include: (i) a brief which concisely states the background of the litigation Counsel shall promptly notify the Clerk of the Panel of any development that would partially or completely moot any Panel matter.

Rule 25.1. Definitions , 25.1 (2020)

Definitions The Panel promulgates these Rules pursuant to its authority under 28 U.S.C. § 2112(a)(3) to provide a means for the random selection of An "Agency" means an agency, board, commission or officer of the United States government, that has received two or more petitions for review in a circuit

Rule 10.2. Conditional Remand Orders (CRO) , 10.2 (2020)

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 (i) The Panel may, on its own initiative, also enter an order that the parties show cause why a matter should not be remanded. The Clerk of the Panel shall set the motion for the next appropriate Panel hearing session.

Rule 7.1. Conditional Transfer Orders (CTO) forTag-Along Actions , 7.1 (2020)

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 Any party opposing the transfer shall file a notice of opposition with the Clerk of the Panel within the 7-day period. The Clerk of the Panel shall set the motion for the next appropriate hearing session.

Rule 25.5. Random Selection , 25.5 (2020)

Thereafter, an order on behalf of the Panel shall be issued, signed by the random selector and the witness, (i) consolidating the petitions for review court of appeals for the circuit that was randomly selected; and (ii) designating that circuit as the one in which the record is to be filed pursuant to Rules 16 and 17 of the Federal Rules of Appellate Procedure.

Rule 7.2. Miscellaneous Provisions ConcerningTag-Along Actions , 7.2 (2020)

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. 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

Rule 6.3. Motions for Miscellaneous Relief , 6.3 (2020)

(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 pleading or perform an act under these Rules must state specifically the revised date sought and must be filed Absent exceptional circumstances, the Panel will not grant any extensions of time to file a notice of opposition to either a conditional transfer order

Rule 6.2. Motions to Transfer for Coordinated orConsolidated Pretrial Proceedings , 6.2 (2020)

A party to an action may initiate proceedings to transfer under Section 1407 by filing a motion in accordance with these Rules. 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 Panel shall schedule oral arguments as needed and as set forth in Rule 11.1.

Rule 25.2. Filing of Notices , 25.2 (2020)

. § 2112(a)(3) to the Clerk of the Panel by electronic means in the manner these Rules require and in accordance with the Panel's Administrative Policies (d) Filing at the Panel. The Clerk of the Panel shall file the notice of multicircuit petitions for review and endorse thereon the date of filing.

Rule 25.6. Service of Panel Consolidation Order , 25.6 (2020)

Service of Panel Consolidation Order (a) The Clerk of the Panel shall serve the Panel's consolidation order on the affected agency through the individual or individuals, as identified in Rule 25.2(a), who submitted the notice of multicircuit petitions for review on behalf of the agency. (c) The Clerk of the Panel shall serve the Panel's consolidation order on the clerks of all circuit courts of appeals that were among the candidates for

Rule 10.3. Motion to Remand , 10.3 (2020)

If the Clerk of the Panel does not enter a CRO, a party may file a motion to remand to the transferor court pursuant to these Rules. Because the Panel is reluctant to order a remand absent the suggestion of the transferee judge, the motion must include: (i) An affidavit reciting

Rule 25.3. Service of Notices , 25.3 (2020)

Rule 25 of the Federal Rules of Appellate Procedure governs service and proof of service. The affected party shall submit proof of service for filing with the Clerk of the Panel and shall send copies thereof to each person included within the (b) Service on Clerk of Circuit.

Rule 11.1. Hearing Sessions and Oral Argument , 11.1 (2020)

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 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 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

Rule 5.1. Corporate Disclosure Statement , 5.1 (2020)

must file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states Each party must update its corporate disclosure statement to reflect any change in the information therein (i) until the matter before the Panel is decided

Rule 10.4. Transfer of Files on Remand , 10.4 (2020)

Transfer of Files on Remand (a) Designating the Record. Upon receipt of an order to remand from the Clerk of the Panel, the parties shall furnish forthwith to the transferee district clerk a stipulation or designation Upon receipt of an order to remand from the Clerk of the Panel, the transferee district shall transmit to the clerk of the transferor district the following

Rule 9.1. Transfer of Files; Notification Requirements , 9.1 (2020)

The Clerk of the Panel, via a notice of electronic filing, will notify the clerk of the transferee district whenever a Panel transfer order should be filed Upon receipt of an electronically certified copy of a Panel transfer order from the clerk of the transferee district, the clerk of the transferor district (c) Notice to Clerk of Panel.

Rule 10.1. Termination and Remand , 10.1 (2020)

judgment, judgment of dismissal and judgment upon stipulation, the transferee district court clerk shall transmit a copy of that order to the Clerk of the Panel shall not be remanded to the transferor court and the transferee court shall retain the original files and records unless the transferee judge or the Panel , the transferee judge recommends remand of an action, or a part of it, to the transferor court at any time by filing a suggestion of remand with the Panel