Newsome
Newsome v. Philips North America, LLC
United States District Court, Northern District of CaliforniaOctober 6, 20224:22-cv-04101California631 words
Opinion
Trial Court Opinion
FILED fo VII ES October 6, 2022 CERTIFIED FROM THE RECORD Mark B. Busby ,
STRICT COURT UNITED STATES JUDICIAL PANEL □
THERN DISTRICT OF CALIFORNIA on © Sorat WU, □□□□□□□ = OAKLAND MULTIDISTRICT LITIGATION ey
IN RE: PHILIPS RECALLED CPAP, BI-LEVEL PAP,
AND MECHANICAL VENTILATOR PRODUCTS
LIABILITY LITIGATION MDL No. 3014
TRANSFER ORDER
Before the Panel:* Plaintiffs in the Newsome action listed on Schedule A move under Panel Rule 7.1 to vacate our order that conditionally transferred Newsome to the Western District of Pennsylvania for inclusion in MDL No. 3014. Defendants Philips RS North America LLC, Philips North America LLC, and Respironics, Inc., oppose the motion. In support of their motion to vacate, plaintiffs argue that federal subject matter jurisdiction over Newsome is lacking and that the transferor court should decide their pending remand motion…