Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re National Hockey League Players' Concussion Injury Litigation

United States District Court, D. Minnesota

October 18, 2019

IN RE NATIONAL HOCKEY LEAGUE PLAYERS' CONCUSSION INJURY LITIGATION
v.
National Hockey League, No. 14-cv-3234 (SRN/BRT) (transferor case no. 114-cv-02531 (S.D.N.Y.), and Paul Montador, Executor and Estate Trustee of the Estate of Steven R. Montador, deceased, This Document Relates to LaCouture et. al
v.
National Hockey League & National Hockey League Board of Governors, No. 16-cv-69 (SRN/BRT) (transferor case no. 1:15-cv-10989 (N.D. Ill)).

          Richard R. Gordon, Gordon Law Offices, Ltd., Ill. W. Washington Street, Suite 1240, Chicago, IL 60602; Thomas A. Demetrio, and William T. Gibbs, Corboy & Demetrio, 33 N. Dearborn Suite 2100, Chicago, IL 60602, for Plaintiff Paul Montador, Executor and Estate Trustee of the Estate of Steven R. Montador.

          Plaintiff Michael Peluso, Pro se.

          Aaron D. Van Oort, Daniel J. Connolly, Joseph M. Price, and Linda S. Svitak, Faegre Baker Daniels LLP, 90 South Seventh Street, Suite 2200, Minneapolis, MN 55402; John H. Beisner, Jessica D. Miller, and Geoffrey M. Wyatt, Skadden, Arps, Slate, Meagher & Flom LLP, 1440 New York Avenue N.W., Washington D.C. 20005; Adam M. Lupion and Joseph Baumgarten, Proskauer Rose, LLP, Eleven Times Square, New York, NY 10036; Matthew Michael Martino, Michael H. Menitove, and Shepard Goldfein, Skadden, Arps, Meagher & Flom LLP, Four Times Square, New York, NY 10036, for Defendants National Hockey League and National Hockey League Board of Governors.

          ORDER ON SUGGESTION OF REMAND

          SUSAN RICHARD NELSON, UNITED STATES DISTRICT JUDGE

         Pursuant to Rule 10.1(b)(i) of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation ("JPML"), Defendant the National Hockey League ("NHL") has moved the Court for an order suggesting that the JPML remand the Peluso case (14-CV-3234) to its transferor court, the Southern District of New York, and the Montador case (16-CV-69) to its transferor court, the Northern District of Illinois. (See Mot. for Suggestion of Remand [Doc. No. 1131].) Plaintiff Montador agrees with the NHL that the Court should suggest remand to the JPML but disagrees with some of the NHL's factual assertions contained in the motion. (See Montador Response Br. [16-CV-69 Doc. No. 30] at 1].) Plaintiff Peluso was served with the motion papers and briefing, but has not submitted any position on the motion. (See Meet & Confer Statement [Doc. No. 1134] at 1; Certificate of Service [Doc. No. 1149].)

         The Court, having carefully reviewed the NHL's motion and the files, pleadings, and proceedings herein, agrees that a Suggestion of Remand is appropriate for the Peluso and Montador cases. The Court will submit this Suggestion of Remand to the JPML recommending that the Panel remand Case Nos. 16-CV-69 and 14-CV-3234 to the indicated courts of proper jurisdiction (the "Transferor Courts").

         This Suggestion of Remand describes the proceedings that have taken place to date in MDL 2551 and provides information of potential assistance to the Transferor Courts. A copy of this Order, along with the case files and materials, will also be available to the Transferor Courts.

         I. INTRODUCTION

         On August 19, 2014, the JPML designated this Court as the transferee court for federal cases involving allegations against the NHL related to injuries resulting from the long-term effects of concussions while playing professional hockey in the NHL. (See Transfer Order [Doc. No. 1] at 1.) The JPML transferred three cases to this Court, and also noted that two related actions would be considered tag-along actions. (Id.) Eventually, 139 cases were transferred to or filed directly in MDL 2551. The vast majority of the cases have settled. These are the only two cases that remain pending before this Court.

         II. SUGGESTION OF REMAND

         In its order creating MDL 2551, the JPML stated that "centralization [of the pending actions] in the District of Minnesota will. . . eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary." (Id.) These stated purposes of MDL 2551 have been accomplished.

         Accordingly, based on the parties' motions and the Court's own assessment of the current status of MDL 2551, the Court is satisfied that MDL 2551 has successfully run its course. Therefore, pursuant to JPML Rule of Procedure 10. l(b)(i), the Court submits this Suggestion of Remand to facilitate the prompt remand of cases 16-CV-69 and 14-CV-3234 by the JPML to their Transferor Courts for further proceedings. This Suggestion of Remand and Order, along with any supplements and amendments, shall be filed in all remaining unresolved cases for which the Panel issues an Order for Remand.

         III. OVERVIEW OF MDL 2551 PROCEEDINGS

         The following is a brief summary of MDL 255l's proceedings, from initial consolidation to case resolution efforts.

         A. Parties, Representative Counsel, and Leadership

         Plaintiffs are retired NHL hockey players and/or their representative claimants. (See Amended Master Compl. [Doc. No. 615] at 1.) Plaintiffs are represented by co-lead Counsel, Liaison Counsel, and the Plaintiffs' Executive Committee. (See Order granting Leadership Structure [Doc. No. 18]; Add'l Appointment to Exec. Council ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.