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METABOLIFE INTL INC

United States District Court, S.D. California


December 2, 2005.

In re METABOLIFE INTERNATIONAL, INC. and ALPINE HEALTH PRODUCTS, LLC, Debtors/Petitioners.

The opinion of the court was delivered by: IRMA GONZALEZ, District Judge

Supplemental Order Regarding Transfer of Cases Pursuant to 28 U.S.C. § 157(b)(5)
On November 3, 2005, the Court granted the Debtors-in-Possession's petition under 28 U.S.C. § 157(b)(5) and ordered that this Court is the appropriate venue for trial of personal injury tort and wrongful death cases against the Debtors-in-Possession. Debtors-in-Possession have provided the Court with a list identifying all Ephedra Actions which were not part of the MDL proceeding as of the date of the filing of the Metabolife and Alpine Health bankruptcy petitions on June 30, 2005. Those actions are identified in the attached list labeled Exhibit A. Debtors-in-Possession have also identified 24 of those actions which were transferred to the MDL following the filing of the bankruptcy petitions and prior to this Court's November 3, 2005 order. Those actions are identified in the attached list labeled Exhibit B. Finally, Debtors-in-Possession have identified those remaining cases that are part of the Ephedra MDL Action in the Southern District of New York.

Based upon the Court's November 3, 2005 order, and to effect transfer of the relevant cases, the Court hereby orders as follows: 1. Each of the non-MDL Ephedra Actions, as identified on Exhibit A hereto shall be transferred forthwith to this Court, with the exception of those cases listed on Exhibit B, which were transferred to the MDL prior to the entry of the Court's November 3, 2005 order. Counsel for the Debtors-in-Possession shall take such action as is necessary to transfer venue of the identified non-MDL Ephedra Actions to this Court.

 

2. The record for each of the transferred actions shall be transmitted directly to the Clerk of Court, United States District Court for the Southern District of California, 880 Front Street, Room 4293, San Diego, CA 92101. Upon receipt of the case files by the Clerk of the Court, a new case number shall be assigned to each action. The Clerk of Court shall directly assign such cases District Judge Barry Ted Moskowitz and Magistrate Judge Jan M. Adler as related to Case No. 02cv1671-BTM(JMA).
3. All MDL Actions, as identified in the attached lists labeled Exhibits B and C, shall remain in the United States District Court for the Southern District of New York until such time, if any, that trial of the actions becomes appropriate. Counsel for the Debtors-in-Possession, however, shall forthwith provide notice of the Court's November 3, 2005 order to counsel for plaintiffs in the MDL Action.
The Clerk shall terminate this case.

  IT IS SO ORDERED.

 [EDITORS' NOTE: EXHIBIT A ELECTRONICALLY NON-TRANSFERRABLE.]

 [EDITORS' NOTE: EXHIBIT B ELECTRONICALLY NON-TRANSFERRABLE.]

 [EDITORS' NOTE: EXHIBIT C ELECTRONICALLY NON-TRANSFERRABLE.]

20051202

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