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What is the process when filing within a Multi-District Litigation (MDL) case?

Category: 
CM/ECF
CM/ECF Category: 
Multidistrict Litigation
Answer: 

MDL Case Proceedings for the Southern District of Florida (SDFL):

  1. Attorneys who are not members of the Southern District of Florida and want to obtain filing privileges and appear in the master MDL case should file a Certificate of Understanding, which is usually attached to the first Pretrial Order. Be sure to include a cover letter with the name of the party you represent in the case. Mail the completed Certificate of Understanding and cover letter to ATTN: MDL Clerk, Wilkie D. Ferguson, Jr U.S. Courthouse, 400 North Miami Avenue, Room 8N09, Miami, FL 33128.
  2. Attorneys should review the Pretrial Orders in the master MDL case for instructions and the judge’s preferences concerning case management.
  3. Attorneys rarely file documents with the SDFL in SDFL cases that have been transferred to another court where an MDL is proceeding.
  4. If directed by the Court to file in an associated case, your filings will ONLY appear in that particular case unless instructed by the Court to also file in the master MDL case.

** Remember: If counsel from a transferor district wishes to have his/her case transferred to a litigation in SDFL, they must request this from the Judicial Panel on Multi-District Litigation (JPML) first unless they are requesting that the judge transfer the case via another statute. Upon notification of the request, the JPML will review the case and probably issue a Conditional Transfer Order in that particular case or group of cases. They should not initially file a case in SDFL unless there is appropriate jurisdiction to file there.