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Case MDL No. 1789 Document 315 Filed 02/16/11 Page 1 of 2 

UNITED STATES JUDICIAL PAN£L
 

on
 

MULTIDISTRICT LITIGATION
 

IN RE: AREDIA AND ZOMETA PRODUCTS 

LIABILITY LITIGATION MDLNo.1760 

IN RE: FOSAMAX PRODUCTS LIABILITY LITIGATION 

Thomas M. Poaps v. Merck & Co., Inc. et al., ) r-' C;::::J N.D. Florida, C.A. No. 1:11-00017 ) MDL Nce:1789 I. 

(f) -.'" % o g ~. ",::::: 

MDL No. 1760 CONDITIONAL TRANSFER ORDER (CTO~140) I a e:r' 

WITH -1'"\ I.[~~~ SEPARATION, REMAND AND . -0 """,C~r

MLD No. 1789 CONDITIONAL TRANSFER ORDER (CTOJr9) ~, :."') 

(,",'::) 

c: i w \, 

, -oJ 

On April 18, 2006, the Panel transferred 27 civil actions to the United States Distnct Court for the 

Middle District of Tennessee for coordinated or consolidated pretrial proceedings pursuant to 28 

U.S.C. § 1407. See 429 F.Supp.2d 1371 (1.P.M.L. 2006). Since that time, 569 additional actions 

have been transferred to the Middle District ofTennessee. With the consent of that court, all such 

actions have been assigned to the Honorable Todd 1. Campbell. 

On August 16, 2006, the Panel transferred four civil actions to the United States District Court for 

the Southern District ofNew York for coordinated or consolidated pretrial proceedings pursuant to 

28 U.S.C. § 1407. See 444 F.Supp.2d 1347 (1.P.M.L. 2006). Since that time, 222 additional actions 

have been transferred to the Southern District ofNew York. With the consent ofthat court, all such 

actions have been assigned to the Honorable John F. Keenan. 

It appears that the action on this conditional transfer order comprises claims relating to: (1) the 

prescription drug Zometa, which involve common questions offact with the previously transferred 

MDL No. 1760 actions; and (2) the prescription drug Fosamax, which involve common questions 

of fact with the previously transferred MDL No. 1789 actions. 

Pursuant to Rule 7.4 ofthe Rules ofProcedure ofthe Judicial Panel on Multidistrict Litigation, 199 

F.R.D. 425, 435-36 (2001), this action is transferred under 28 U.S.C. § 1407 to the Middle District 

of Tennessee for the reasons stated in the order of April 18, 2006, in MDL 1760 and, with the 

consent of that court, assigned to the Honorable Todd 1. Campbell. 

The claims in this action relating to Fosam~x ~re hereby.separated and simultaneo~~Iy.remet>~_d, , 

.-- Ull_d_e_r2..,8 U.S.C. 1407(a), to the Northern Dlstnct ofFlonda. A CER~E~!:P l:RK­ ao::=-" RUBY J ''';]11''''eu. . ;,l.,.,r 

I Feb 16, 2011 BY ~:~v:t\ert v~t.,;..~~#1~ CI.I!Ak'8 CI'l'lCE v"'t!...". , 

...'-'-.CIl 
Case MDL No. 1789 Document 315 Filed 02/16/11 Page 2 of 2 

Pursuant to Rule 7.4 ofthe Rules ofProcedure ofthe Judicial Panel on Multidistrict Litigation, 199 

F.R.D. 425,435-36 (2001), the resulting Fosamax action is transferred under 28 U.S.C. § 1407 to 

the Southern District ofNew York for the reasons stated in the order ofAugust 16,2006, in MDL 

No. 1789 and, with the consent of that court, assigned to the Honorable John F. Keenan. 

This order does not become effective until it is filed in the offices of: (1) the Clerk of the United 

States District Court for the Middle District of Tennessee, and (2) the Clerk of the United States 

District Court for the Southern District of New York. The transmittal of this order to said Clerks 

shall be stayed 7 days from the entry thereof. Ifany party files a notice of opposition with the Clerk 

of the Panel within this 7-day period, the stay will be continued until further order of the Panel. 

FOR THE PANEL: 

Jeffery N. Luthi 

Clerk of the Panel