You are here

Abilify Products Liability Litigation - MDL No. 2734 FAQs

I am a plaintiff or represent a plaintiff in the Abilify MDL. Who do I contact with questions about the MDL?

Plaintiffs and counsel should contact Plaintiffs’ Lead Counsel and/or Plaintiffs’ Liaison Counsel before contacting the Court with questions.

If I am not admitted to practice before the District Court, do I need local counsel and pro hac vice admittance to this district?

Attorneys of record in any action transferred by the Judicial Panel on Multidistrict Litigation who wish to continue representing their client(s) in this court must comply with the following requirements to be administratively admitted through a modified pro hac vice application:

Once these requirements are completed, the attorney must apply for admission to this MDL action.  The instructions for this are available at the “Pro Hac Vice” link on the court’s NextGen Account Help page, https://pacer.uscourts.gov/help/faqs/nextgen-cm-ecf. The application must make reference to this Order.  These attorneys will not be required to pay a pro hac vice admission fee, file a motion to appear pro hac vice, or associate with local counsel.

Attorneys who initiate cases in this court independent of the JPML transfer process must be admitted through the standard pro hac vice admission process established in the Attorney Admission Memo.  Their pro hac vice application must make reference to this Order.  Although all other requirements for pro hac vice admission and appearance must be met for attorneys who initiate cases in this MDL court, association of local counsel is not required.

How are the cases to be transferred brought before the Panel?

Proceedings for transfer may be initiated by the Judicial Panel on Multidistrict Litigation upon its own initiative or a motion filed with the Panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the Panel convenes a hearing and notifies all parties of the place and time of the hearing. The Panel’s order of transfer is based on a record of such hearing at which material evidence may be offered by any party in an action in any federal court that would be affected by the transfer

If my case is subject to a transfer order, but the case has not yet been transferred to the Northern District of Florida, where should I file documents?

Transfers under 28 U.S.C. § 1407 become effective with the filing of the Panel’s transfer order in the clerk’s office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Northern District of Florida, you must make all future filings in the Northern District of Florida.

How do I file a document once my case has been consolidated with the MDL?

If a document is general applicable to all consolidated actions, then the documents should be filed and docketed in the mater case only. If a document applies to fewer than all cases, the document should be filed in the master case and all individual cases to which it applies.
Notices of appearance must be filed in both the master docket and the individual cases for which the appearing attorney is counsel of record.

Can I attend the next status conferences by phone?

Lead Counsel, Liaison Counsel, and any counsel intending to argue a motion or actively participate in a status conference must appear in person, unless specifically authorized by the Court to participate by telephone. Any counsel or pro se plaintiffs who wish to attend, but not actively participate in, a status conference may appear by phone. Those appearing by phone must inform Courtroom Deputy Susan Simms by close of business the day before the conference of their intent to participate. Instructions for participation in the conference call are contained in the Memorandum from the Clerk at ECF No. 9.