United States District Court, D. Minnesota
IN RE NATIONAL HOCKEY LEAGUE PLAYERS' CONCUSSION INJURY LITIGATION
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
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
Plaintiff Michael Peluso, Pro se.
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
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
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].)
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
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.
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.
SUGGESTION OF REMAND
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
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.
OVERVIEW OF MDL 2551 PROCEEDINGS
following is a brief summary of MDL 255l's proceedings,
from initial consolidation to case resolution efforts.
Parties, Representative Counsel, and Leadership
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 ...