In Re Welding Rod Products Liability Litigation

ORDER REFERRING NON-PARTY MOTION TO QUASH TO THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

On December 6, 2005, this court held a hearing on its Order to Show Cause Whether This Matter Should Be Transferred to the District Court for the Northern District of Ohio. Upon consideration of the papers submitted by the parties, as well as the arguments of counsel, the court issues the following order.

Non-party The Parkinson’s Institute (“Institute”) has filed a motion requesting that this court quash subpoenas duces te-cum issued in connection with an underlying multidistrict litigation, In Re Welding Rods Products Liability Litigation, MDL No. 1535 (“MDL Action”). Plaintiffs say that the subpoenas seek information which underlies the defense experts’ opinions that exposure to welding fumes does not cause neurological injuries.

The MDL Action currently is pending before the Honorable Kathleen McDonald O’Malley in the United States District Court for the Northern District of Ohio. Judge O’Malley has issued a standing order in that litigation, requesting that “district courts faced with discovery disputes related to the Welding Rod Litigation refer such disputes to [her] for…