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15-CV-2909 and 15-CV-2928

Attached please find two orders by Senior Judge Jack B. Weinstein in the cases of Armstrong & Kurtz v. Costco Wholesale Corp. & Nice-Pak Prods., Inc., 15-CV-2909 and Palmer & Palmer v. CVS Health & Nice-Pak Prods., Inc., 15-CV-2928. 

Five separate but related class actions are before the court.  They are brought by consumers who purchased moist toilet wipes sold by retailer defendants, produced by manufacturer defendants, and marked “flushable.”  Alleged are defects in labeling.  Plaintiffs seek money damages and injunctive relief because they claim the product is not “flushable.”  A hearing was conducted on February 2 and 3, 2017 concerning possible transfer of two cases, among other issues and cases.  None of the parties in the Palmer (15-CV-2928) (Maryland) and Armstrong (15-CV-2909) (Oregon) cases moved to transfer.  But, the court decided sua sponte to transfer these two cases to the United States District Court for the District of Maryland and the United States District Court for the District of Oregon, respectively.  Factual differences and differences in state law favor a transfer of venue..