§ Rule 7.1 Conditional Transfer Orders (CTO) for Tag-Along Actions
Rule 7.1. Conditional Transfer Orders (CTO) for Tag-Along Actions
(a) Notice of Potential Tag-along Actions. Any party or counsel in actions previously transferred under Section 1407 shall promptly notify the Clerk of the Panel of any potential tag-along actions in which that party is also named or in which that counsel appears. The Panel has several options: (i) filing a CTO under Rule 7.1, (ii) filing a show cause order under Rule 8.1, or (iii) declining to act (Rule 7.1(b)(i)).
(b) Initiation of CTO. Upon learning of the pendency of a potential tag-along action, the Clerk of the Panel may enter a conditional order transferring that action to the previously designated transferee district court for the reasons expressed in the Panel's previous opinions and orders. The Clerk of the Panel shall serve this order on each party to the litigation but shall not send the order to the clerk of the transferee district court until 7 days after its entry.
(i) [FN1] If the Clerk of the Panel determines that a potential tag-along action is not appropriate for inclusion in an MDL proceeding and does not enter a CTO, an involved party may move for its transfer pursuant to Rule 6.1.
(c) Notice of Opposition to CTO. Any party opposing the transfer shall file a notice of opposition with the Clerk of the Panel within the 7-day period. In such event, the Clerk of the Panel shall not transmit the transfer order to the clerk of the transferee district court, but shall notify the parties of the briefing schedule.
(d) Failure to Respond. Failure to respond to a CTO shall be treated as that party's acquiescence to it.
(e) Notice of Appearance. Within 14 days after the issuance of a “Notice of Filed Opposition” to a CTO, each opposing party or designated attorney shall file a Notice of Appearance in accordance with Rule 4.1(c).
(f) Motion to Vacate CTO. Within 14 days of the filing of its notice of opposition, the party opposing transfer shall file a motion to vacate the CTO and brief in support thereof. The Clerk of the Panel shall set the motion for the next appropriate hearing session. Failure to file and serve a motion and brief shall be treated as withdrawal of the opposition and the Clerk of the Panel shall forthwith transmit the order to the clerk of the transferee district court.
(g) Notification of Developments. Parties to an action subject to a CTO shall notify the Clerk of the Panel if that action is no longer pending in its transferor district court.
(h) Effective Date of CTO. CTOs are effective when filed with the clerk of the transferee district court.
[FN1] So in original. No (ii) promulgated.