CASE 0:14-md-02551-SRN-BRT
Case MDL No. 2551 Document
Document
71 Filed
114508/09/19
Filed 08/09/19
Page 1 Page
of 3 1 of 3

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: NATIONAL HOCKEY LEAGUE
PLAYERS’ CONCUSSION INJURY LITIGATION

MDL No. 2551

ORDER VACATING CONDITIONAL TRANSFER ORDER

Before the Panel: Defendant National Hockey League moves under Panel Rule 7.1 to vacate
our order conditionally transferring the action listed on Schedule A (Ewen) to the District of Minnesota
for inclusion in MDL No. 2551. The Ewen plaintiff supports the motion.
After considering the arguments of counsel, we grant the motion. This MDL was created in
August 2014, and is significantly advanced. Common discovery proceeded in the transferee court for
several years, and the court denied class certification last year. According to the parties, only six of
the 139 total claims involved in the MDL remain. Of these, two were transferred to the MDL under
Section 1407. The transferee judge has before her a motion for suggestion of Section 1407 remand of
those transferred claims, as well as motions to dismiss or transfer the other four claims that were
directly filed in the transferee district. The Ewen plaintiff is represented by members of the MDL No.
2551 plaintiffs’ executive committee and will have access to common discovery produced in the MDL.
Given these circumstances, as well as the parties’ uniform opposition to transfer, vacatur is warranted
at this time. If the transferee judge denies the motion for a suggestion of remand and determines that
the MDL instead should continue in the District of Minnesota, the parties should inform the Panel and
we will determine whether to transfer Ewen at that time.
IT IS THEREFORE ORDERED that the P anel’s conditional transfer order designated as
“CTO-6” is vacated.

 CASE 0:14-md-02551-SRN-BRT
Case MDL No. 2551 Document
Document
71 Filed
114508/09/19
Filed 08/09/19
Page 2 Page
of 3 2 of 3

-2-

PANEL ON MULTIDISTRICT LITIGATION

Sarah S. Vance
Chair
Lewis A. Kaplan
R. David Proctor
Karen K. Caldwell

Ellen Segal Huvelle
Catherine D. Perry
Nathaniel M. Gorton

 CASE 0:14-md-02551-SRN-BRT
Case MDL No. 2551 Document
Document
71 Filed
114508/09/19
Filed 08/09/19
Page 3 Page
of 3 3 of 3

IN RE: NATIONAL HOCKEY LEAGUE
PLAYERS’ CONCUSSION INJURY LITIGATION

MDL No. 2551

SCHEDULE A

Central District of California
EWEN v. NATIONAL HOCKEY LEAGUE, ET AL., C.A. No. 2:19-03656