City and County of San Francisco v. Purdue Pharma L.P.

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION MDL No. 2804

REMAND ORDER

Before the Panel:* Defendants1 move under Panel Rule 10. to vacate our order that conditionally remanded two actions listed on Schedule A to the Eastern District of Oklahoma (Cherokee Nation) and the Northern District of California (San Francisco). The Panel placed these actions on a conditional remand order after receiving the transferee judge’s suggestion of remand. Plaintiffs to the actions oppose the motions. After considering the argument of counsel, the Panel finds that remand of these action under 28 U.S.C. § 1407 is warranted. As an initial matter, “[i]n considering the question of remand, the Panel has consistently given great weight to the transferee judge’s determination that remand of a particular action at a particular time is appropriate because the transferee judge, after all, supervises the day-to-day pretrial proceedings.” In re: Holiday Magic Sec. & Antitrust Litig., 433 F. Supp. 1125, 1126 (J.P.M.L. 1977).2 * Judges Ellen Segal Huvelle and Nathaniel M. Gorton did not participate in the decision of this…