Complete Home & Office Legal Guide

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} I. GENERAL RULES Rule 1. 2. 3. 4. 5. 6. Actions 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Matters Submitted on the Briefs 18. 19. 20. 21. 22. 23. 24. 25. ì As used in these Rules "Panel" means the members of the Judicial ì Panel on Multidistrict Litigation appointed by the Chief Justice ì of the United States pursuant to Section 1407, Title 28, United ì States Code. "Clerk of the Panel" means the official appointed by the Panel to ì act as Clerk of the Panel and shall include those deputized by ì the Clerk of the Panel to perform or assist in the performance of ì the duties of the Clerk of the Panel. "Chairman" means the Chairman of the Judicial Panel on ì Multidistrict Litigation appointed by the Chief Justice of the ì United States pursuant to Section 1407, or the member of the ì Panel designated by the Panel to act as Chairman in the absence ì or inability of the appointed Chairman. A "tag-along action": refers to a civil action pending in a ì district court and involving common questions of fact with ì actions previously transferred under Section 1407. Rule 2. Place of Keeping Records and Files The records and files of the Panel shall be kept by the Clerk of ì the Panel at the offices of the Panel. Records and files may be ì temporarily or permanently removed to such places at such times ì as the Panel or the Chairman of the Panel shall direct. The ì Clerk of the Panel may charge fees, as prescribed by the Judicial ì Conference of the United States, for duplicating records and ì files. Records and files shall be transferred to the Federal ì Records Center pursuant to Government Services Administration ì Authority to Dispose Records. Rule 3. Place of Filing of Papers All papers for consideration by the Panel shall be submitted for ì filing to the Clerk of the Panel by mailing or delivering to: Clerk of the Panel Judicial Panel on Multidistrict Litigation 1120 Vermont Avenue, N.W. Suite 1002 Washington, DC 20005 No papers shall be left with or mailed to a Judge of the Panel. Rule 4. Failure to Comply with Rules The Clerk of the Panel may, when a paper submitted for filing is ì not in compliance with the provisions of these Rules, refuse to ì file such paper until full compliance is accomplished. Rule 5. Practice heretofore customarily followed by the Panel. /* Useful guidance for an attorney who has not had the pleasure ì of being before the panel before. */ II. RULES FOR MULTIDISTRICIT LITIGATION UNDER 28 U.S.C. s. 1407 Rule 6. Admission to Practice Before the Panel and ì Representation in Transferred Actions Every member in good standing of the Bar of any district court of ì the United States is entitled without condition to practice ì before the Judicial Panel on Multidistrict Litigation. Any ì attorney of record in any action transferred under Section 1407 ì may continue to represent his or her client in any district court ì of the United States to which such action is transferred. ì Parties to any action transferred under Section 1407 are not ì required to obtain local counsel in the district to which such ì action is transferred. Rule 7. Manner of Filing of Papers (a) An original of the following papers shall be submitted for ì filing to the Clerk of the Panel: a proof of service pursuant to ì Rule 8(a) and (b) of these Rules, a notice of appearance pursuant ì to Rule 8(c) of these Rules, a status notice pursuant to Rules ì 10(e), 11(e) and 12(b) of these Rules, a notice of opposition ì pursuant to Rules 12(c) and 14(f)(ii) of these Rules, a notice of ì related action pursuant to Rule 13(e) of these Rules, an ì application for extension of time pursuant to Rule 15 of these ì Rules, or a notice of presentation or waiver of oral argument ì pursuant to Rule 17(a) of these Rules. An original and eleven ì copies of all other papers shall be submitted for filing of the ì Clerk of the Panel. The Clerk of the Panel may require that ì additional copies also be submitted for filing. (b) When papers are submitted for filing in compliance with the ì provisions of these Rules, the Clerk of the Panel shall endorse ì thereon the date for filing. (c) Copies of motions for transfer of an action or actions ì pursuant to 28 U.S.C. s. 1407 shall be filed in each district ì court in which an action is pending that will be affected by the ì motion. Copies of a motion for remand pursuant to 28 U.S.C. s. ì 1407 shall be filed in the Section 1407 transferee district court ì in which any action affected by the motion is pending. Rule 8. Service of Papers Filed (a) All papers filed with the Clerk of the Panel shall be ì accompanied by proof of service on all other parties in all ì actions involved in the litigation. Service and proof of service of Civil Procedure. The proof of service shall indicate the name ì and address of each person served and shall indicate the party ì represented by each. If a party is not represented by counsel, ì the proof of service shall indicate the name of the party and his ì last known address. The proof of service shall indicate why any ì person named as a party in a constituent complaint was not served ì with the Section 1407 pleading. The original proof of service ì shall be filed with the Clerk of the Panel and copies thereof ì shall be sent to each person included within the proof of ì service. After the "Panel Service List" described in subsection ì (d) of this Rule has been received from the Clerk of the Panel, ì the "Panel Service List" shall be utilized for service of ì responses to motions and all other filings. In such instances, ì the "Panel Service List" shall be attached to the proof of ì service and shall be supplemented in the proof of service in the ì event of the presence of additional parties or successor counsel. (b) The proof of service pertaining to motions for transfer of ì actions pursuant to 28 U.S.C. s. 1407 shall certify that copies ì of the motions have been mailed or otherwise delivered for filing ì to the clerk of each district court in which an action is pending ì that will be affected by the motion. The proof of service ì pertaining to a motion for remand pursuant to 28 U.S.C. s. 1407 ì shall certify that a copy of the motion has been mailed or ì otherwise delivered for filing to the clerk of the Section 1407 ì transferee district court in which any action affected by the ì motion is pending. (c) Within eleven days of filing of a motion to transfer, an ì order to show cause or a conditional transfer order, each party ì or designated attorney shall notify the Clerk of the Panel, in ì writing, of the name and address of the attorney designated to ì receive service of all pleadings, notices, orders and other ì papers relating to practice before the Judicial Panel on ì Multidistrict Litigation. Only one attorney shall be designated ì for each party. Any party not represented by counsel shall be ì served by mailing such pleadings to the party's last known ì address. Requests for an extension of time to file the ì designation of attorney shall not be granted except in ì extraordinary circumstances. (d) In order to facilitate compliance with subsection (a) of this ì Rule, the Clerk of the Panel shall prepare and serve on all ì counsel and parties not represented by counsel, a "Panel Service ì List" containing the names and addresses of the designated ì attorneys and the party or parties they represent and the names ì and addresses of the parties not represented by counsel. (e) If following transfer of any group of multidistrict ì litigation, the transferee district court appoints liaison ì counsel, this Rule shall be satisfied by serving each party in ì each affected action and all liaison counsel. Liaison counsel ì designated by the transferee district court shall receive copies ì of all Panel orders concerning their particular litigation and or she serves as liaison counsel. Rule 9. Form of Papers Filed (a) Averments in any motion seeking action by the Panel shall be ì made in numbered paragraphs, each of which shall be limited, as ì far as practicable, to a statement of a single factual averment. (b) Responses to averments in motions shall be made in numbered ì paragraphs, each of which shall correspond to the number of the ì paragraph of the motion to which the responsive paragraph is ì directed. Each responsive paragraph shall admit or deny wholly ì or in part the averment of the motion, and shall contain the ì respondent's version of the subject matter when the averment or ì the motion is not wholly admitted. (c) Each pleading filed shall be (ii) plainly written, typed in double space, printed or ì prepared by means of a duplicating process, without erasures or ì interlineations which materially defect it; (iii) an opaque, unglazed, white paper (not onionskin); (iv) approximately 8-1/2 x 11 inches in size; and (v) secured on the left margin. (d) The heading on the first page of each pleading shall commence ì not less than three inches from the top of the page. Each ì pleading shall bear the heading "Before the Judicial Panel on ì Multidistrict Litigation," the identification "MDL Docket ì No._______" and the appropriate descriptive title of the ì litigation involved. (e) The final page of each pleading shall contain the name, ì address and telephone number of the attorney or party in active ì charge of the case. (f) Except with the approval of the Panel, each brief submitted ì for filing with the Panel shall be limited to twenty pages, ì exclusive of exhibits. Rule 10. Motion Practice (a) All requests for action by the Panel under 28 U.S.C. s. 1407 ì shall be made by written motion. Every motion shall be ì accompanied by: the litigation and factual and legal contentions of the movant ì shall be concisely stated in separate portions of the brief with (b) of the filing date, caption, MDL docket number, briefing schedule ì and pertinent Panel policies. (c) parties shall file a response thereto. Failure of a party to ì respond to a motion shall be treated as that party's acquiescence ì to the action requested in the motion. /* More and more courts have moved to this type of system. It is ì mandatory when the Judges are located all over the country. */ (d) period for filing responsive briefs, file a single brief in reply ì to any opposition. (e) also be governed by Rules 7, 8 and 9 of these Rules. (f) consideration, counsel shall notify the Clerk of the Panel of any ì development that would partially or completely moot the matter ì before the Panel. (g) previous motion. (h) purports to be a "motion" in the docket shall be filed by the ì Clerk of the Panel as a response unless the "motion" adds an ì action. The Clerk of the Panel upon designating such a pleading ì as a motion, shall acknowledge that designation by the ì distribution of a briefing schedule to all parties in the docket. ì Response time resulting from an additional motion shall ì ordinarily be extended only to those parties directly affected by ì the additional motion. An accelerated briefing schedule for the ì additional motion may be set by the Clerk of the Panel to conform ì with the hearing schedule established by the Chairman. Rule 11. Show Cause Orders (a) considered on the initiative of the Panel pursuant to 28 U.S.C. directing the parties to show cause why the action or actions ì should not be transferred for coordinated or consolidated ì pretrial proceedings. Any party or counsel in such actions shall ì notify the Clerk of the Panel of any other federal district court ì actions related to the litigation encompassed by the show cause ì order. This notification shall include not only additional ì actions pending at the time of the issuance of the show cause ì order but also all future-filed related federal actions. (b) twenty days of the filing of said order unless otherwise provided ì for in the order. Failure of a party to respond to a show cause ì order shall be treated as that party's acquiescence to the Panel ì action contemplated in the order. (c) filing a response, any party may file a reply limited to new ì matters. (d) conformity with Rules 7, 8 and 9 of these Rules. (e) consideration, counsel shall notify the Clerk of the Panel of any ì development that would partially or completely moot the matter ì before the Panel. Rule 12. Conditional Transfer Orders for "Tag-Along Actions" (a) action," as defined in Rule 1 of these Rules, an order may be ì entered by the Clerk of the Panel transferring that action to the ì previously designated transferee district court on the basis of ì the prior hearing or hearings and for the reasons expressed in ì previous opinions and orders of the Panel in the litigation. The ì Clerk of the Panel shall serve this order on each party to the ì litigation but, in order to afford all parties the opportunity to ì oppose transfer, shall not send the order to the clerk of the ì transferee district court for fifteen days from the entry ì thereof. (b) shall notify the Clerk of the Panel within the fifteen-day period ì if that action is no longer pending in its transferor district ì court. (c) opposition with the Clerk of the Panel within the fifteen-day ì period. If a notice of opposition is received by the Clerk of ì the Panel within this fifteen-day period, the Clerk of the Panel ì shall not transmit said order to the clerk of the transferee ì district court until further order of the Panel. (d) vacate the conditional transfer order and brief in support ì thereof. The Clerk of the Panel shall set the motion for hearing ì at the next appropriate session of the Panel. Failure to file ì and serve a motion and brief shall be treated as withdrawal of ì the opposition and the Clerk of the Panel shall forthwith ì transmit the order to the clerk of the transferee district court. (e) Conditional transfer orders do not become effective unless ì and until they are filed with the clerk of the transferee ì district court. (f) Panel and responses thereto shall be governed by Rules 7, 8, 9 ì and 10 of these Rules. Rule 13. Miscellaneous Provisions Concerning "Tag-Along Actions" (a) district require no action on the part of the Panel and requests ì for assignment of such actions to the Section 1407 transferee ì judge should be made in accordance with local rules for the ì assignment of related actions. (b) action" and having reasonable anticipation of opposition to ì transfer of that action, the Panel may direct the Clerk of the ì Panel to file a show cause order, in accordance with Rule 11 of ì these Rules, instead of a conditional transfer order. (c) potential "tag-along action" with the complaint and summons as ì required by Rule 4 of the Federal Rules of Civil Procedure does ì not preclude transfer of such action under Section 1407. Such ì failure, however, may be submitted by such a defendant as a basis ì for opposing the proposed transfer. The inability of the Clerk ì of the Panel to serve a conditional transfer order on all ì defendants or their counsel shall not render the transfer of the ì action void but can be submitted by such a defendant as a basis ì for moving to remand as to such defendant. (d) with actions under consideration by the Panel for transfer under ì Section 1407, which was filed or came to the attention of the ì Panel either after the initial hearing before it or too late to ì be included in the initial hearing, will be treated by the Panel ì as a potential "tag-along action." (e) Section 1407 or under consideration by the Panel for transfer ì under Section 1407 shall notify the Clerk of the Panel of any ì potential "tag-along actions" in which that party is also named ì or in which that counsel appears. Rule 14. Termination and Remand In the absence of unusual circumstances -- (a) judgment, including but not limited to summary judgment, judgment ì of dismissal and judgment upon stipulation, shall not be remanded ì by the Panel and shall be dismissed by the transferee district ì court. The clerk of the transferee district court shall send a ì copy of the order terminating the action to the Clerk of the ì Panel but shall retain the original files and records unless ì otherwise directed by the transferee judge or by the Panel. (b) transferee district court shall be remanded by the Panel to the ì transferor district for trial, unless ordered transferred by the ì transferee judge to the transferee or other district under 28 ì U.S.C. s. 1404(a) or 28 U.S.C. s. 1406. In the event that the ì transferee judge so transfers an action under 28 U.S.C. s.s. ì 1404(a) or 1406, no further action of the Panel shall be ì necessary to authorize further proceedings including trial. ì Actions that were originally filed in the transferee district ì require no action by the Panel to be reassigned to another judge ì in the transferee district at the conclusion of the coordinated ì or consolidated pretrial proceedings affecting those actions. (c) or any separable claim, cross-claim, counterclaim or third-party ì claim at or before the conclusion of coordinated or consolidated ì pretrial proceedings on show cause, a conditional remand order or other appropriate ì order. (d) of remand from the transferee district court. If remand is ì sought by motion of a party, the motion shall be accompanied by: from the transferee district court, how the court responded to ì any requests, and, if no such request was made, why; proceedings have not completed to the action sought to be ì remanded, and if not, what remains to be done; and have been satisfactorily complied with, and if not, what remains ì to be done; and Motions to remand and responses thereto shall be governed by ì Rules 7, 8, 9 and 10 of these Rules. (e) not be remanded is entered pursuant to subsection (c), paragraph ì (iii) of this Rule, any party may file a response within twenty ì days of the filing of said order unless otherwise provided for in ì the order. Within five days of filing of a party's response, any ì party may file a reply brief limited to new matters. Failure of ì a party to respond to a show cause order regarding remand shall ì be treated as that party's acquiescence to the remand. Responses ì and replies shall be filed and served in conformity with Rules 7, ì 8 and 9 of these Rules. (f) advised by the transferee district judge, or otherwise has reason ì to believe, that pretrial proceedings in the litigation assigned ì to the transferee district judge are concluded or that remand of ì an action or actions is otherwise appropriate, an order may be ì entered by the Clerk of the Panel remanding the action or actions ì to the transferor district court. The Clerk of the Panel shall ì serve this order on each party to the litigation but, in order to ì afford all parties the opportunity to oppose remand, shall not ì send the order to the clerk of the transferee district court for ì fifteen days from the entry thereof. opposition with the Clerk of the Panel within the fifteen-day ì period. If a notice of opposition is received by the Clerk of ì the Panel within this fifteen-day period, the Clerk of the Panel ì shall not transmit said order to the clerk of the transferee ì district court until further order of the Panel. opposition, the party opposing remand shall file a motion to ì vacate the conditional remand order and brief in support thereof. ì The Clerk of the Panel shall set the motion for hearing at the ì next appropriate session of the Panel. Failure to file and serve ì a motion and brief shall be treated as a withdrawal of the ì opposition and the Clerk of the Panel shall forthwith transmit ì the order to the clerk of the transferee district court. unless and until they are filed with the clerk of the transferee ì district court. of the Panel and responses thereto shall be governed by Rules 7, ì 8, 9 and 10 of these Rules. (g) Panel, the parties shall furnish forthwith to the transferee ì district clerk a stipulation or designation of the contents of transferee district clerk all necessary copies of any pleading or ì other matter filed so as to enable to transferee district clerk ì to comply with the order of remand. Rule 15. Applications for Extensions of Time Any application for an extension of time to file a pleading or ì perform an act required by these Rules must be in writing, must ì request a specific number of additional days and may be acted ì upon by the Clerk of the Panel. Such an application will be ì evaluated in relation to the impact on the Panel's calendar as ì well as on the basis of the reasons set forth in support of the ì application. Any party aggrieved by the Clerk of the Panel's ì action on such application may submit its objections to the Panel ì for consideration. All applications for extensions of time shall ì be filed and served in conformity with Rules 7, 8 and 9 of these ì Rules. Rule 16. Hearings (a) shall convene whenever and wherever desirable or necessary in the ì judgment of the Chairman. The Chairman shall determine which ì matters shall be set for hearing at each session and the Clerk of ì the Panel shall give notice to counsel for all parties involved ì in the litigation of the time, place and subject matter of such ì hearing. (b) pending in district court shall be made by the Panel when any ì party timely opposes such transfer or remand unless a hearing has ì been held or unless the matter has been submitted on the briefs ì in accordance with Rule 17 of these Rules. Unless otherwise ì ordered by the Panel, all other matters before the Panel, such as ì a motion for reconsideration, shall be considered and determined ì upon the basis of the papers filed. (c) only those parties who have filed a motion or written response to ì a motion or order shall be permitted to appear before the Panel ì and present oral argument. (d) transfer a potential tag-along action, or whether to remand a ì previously transferred action, ordinarily only the parties in ì that action will be permitted to present oral argument, ì regardless of whether papers have been filed by other interested ì parties. (e) Section 1407 and counsel for those opposing such transfer or ì remand are to confer separately prior to the hearing for the ì purpose of organizing their arguments and selecting ì representatives to present all views without duplication. (f) minutes shall be allotted for argument in each new group of ì actions being considered for Section 1407 treatment and a maximum ì of twenty minutes shall be allotted for arguments in all other ì matters. The time shall be divided equally among those with ì varying viewpoints. Counsel for the moving party or parties ì shall generally be heard first. (g) Section 1407, the offering of oral testimony before the Panel ì shall be avoided. Accordingly, oral testimony shall not be ì received except upon notice, motion and order of the Panel ì expressly providing for it. Proof may be submitted as provided ì in the Federal Rules of Civil Procedure. (h) hearing, it may only be continued by order of the Panel on good ì cause shown. Rule 17. Notice of Presentation or Waiver of Oral Argument, and ì Matters Submitted on the Briefs (a) required by the Clerk of the Panel in the notice of hearing, ì counsel shall notify the Clerk of the Panel in writing of one of ì the following: (1) counsel will waive oral argument, if all ì other counsel in the matter set for hearing waive oral argument; ì (2) counsel will present oral argument, regardless of whether ì any other counsel in the matter set for hearing presents oral ì argument; or (3) counsel waives oral argument. All notices of ì presentation or waiver of oral argument shall be filed and served ì in conformity with Rules 7 and 8 of these Rules. (b) argument, the matter shall be submitted for decision by the Panel ì on the basis of the papers filed. If a party is not present when ì a matter to be heard is called at the hearing, the matter shall ì be rescheduled and that party's position shall be treated as ì submitted for decision by the Panel on the basis of the papers ì filed, unless otherwise ordered by the Panel. Rule 18. Effect of the Pendency of an Action Before the Panel The pendency of a motion, order to show cause, conditional ì transfer order or conditional remand order before the Panel ì concerning transfer or remand of an action pursuant to 28 U.S.C. ì s. 1407 does not affect or suspend orders and pretrial ì proceedings in the district court in which the action is pending ì and does not in any way limit the pretrial jurisdiction of that ì court. A transfer or remand pursuant to 28 U.S.C. s. 1407 shall ì be effective when the transfer or remand order is filed in the ì office of the clerk of the district court of the transferee ì district. (a) the clerk of the transferee district court, the clerk of the ì transferor district court shall forward to the clerk of the ì transferee district court the complete original file and a ì certified copy of the docket sheet for each transferred action. (b) filed, or leave to appeal has been sought under 28 U.S.C. s. ì 1292(b) or petition for an extraordinary writ is pending, in an ì action included in an order of transfer under 28 U.S.C. s. 1407, ì and the original file or parts thereof have been forwarded to the ì court of appeals, the clerk of the transferor district court ì shall notify the clerk of the court of appeals of the order of ì transfer and secure the original file long enough to prepare and ì transmit to the clerk of the transferee district court a ì certified copy of the docket sheet. (c) simultaneous remand of any claim, cross-claim, counterclaim, or ì third-party claim, the clerk of the transferor district court ì shall retain the original file and shall prepare and transmit to ì the clerk of the transferee district court a certified copy of ì the docket sheet and copies of all papers except those relating ì exclusively to separated and remanded claims. (d) Panel, the transferee district court shall prepare and send to ì the clerk of the transferor district court the following: each action be remanded; applicable; applicable; and the files and records produced during coordinated or consolidated ì pretrial proceedings which have been stipulated to or designated ì by counsel as being necessary for any or all proceedings to be ì conducted following remand. It shall be the responsibility of ì counsel originally preparing or filing any document to be ì included in the "record on remand" to furnish on request ì sufficient copies to the clerk of the transferee district court. (e) been transmitted pursuant to this Rule. .OC ON .OC OFF Rule 20. Filing of Notices (a) An original of a notice of multicircuit petitions for review ì pursuant to 28 U.S.C. s. 2112(a)(3) shall be submitted for filing ì to the Clerk of the Panel by the affected agency, board, ì commission or officer. The term "agency" as used in Section III ì of these Rules shall include agency, board, commission or ì officer. (b) by the affected agency for filing with the Clerk of the Panel ì shall embrace exclusively petitions for review filed in the ì courts of appeals within ten days after issuance of an agency ì order and received by the affected agency from the petitioners ì within that ten day period. (c) submitted for filing to the Clerk of the Panel, and the Clerk of ì the Panel determines that the submission is in compliance with ì the provisions of these Rules, the Clerk of the Panel shall file ì the notice and endorse thereon the date of filing. (d) be filed by the affected agency with the clerk of each circuit ì court of appeals in which a petition for review is pending that ì is included in the notice. Rule 21. Accompaniments to Notices (a) accompanied by: petition for review is defined in 28 U.S.C. s. 2112(a)(2); AND review is pending; review; petition for review; and review. (b) be governed by Rules 20, 22 and 23(a) of these Rules. Rule 22. Service of Notices (a) accompanied by proof of service by the affected agency on all ì parties in all petitions for review included in the notice. ì Service and proof of service shall be made as provided in Rule 25 ì of the Federal Rules of Appellate Procedure. The proof of ì service shall state the name and address of each person served ì and shall indicate the party represented by each. If a party is ì not represented by counsel, the proof of service shall indicate ì the name of the party and his or her last known address. The ì original proof of service shall be submitted by the affected ì agency for filing with the Clerk of the Panel and copies thereof ì shall be sent by the affected agency to each person included ì within the proof of service. (b) petitions for review shall certify that copies of the notice have ì been mailed or otherwise delivered by the affected agency for ì filing to the clerk of each circuit court of appeals in which a ì petition for review is pending that is included in the notice. Rule 23. Form of Notices (a) Each notice of multicircuit petitions for review shall be prepared by means of a duplicating process, without erasures or ì interlineations which materially defect it; (b) petitions for review shall commence not less than three inches ì from the top of the page. Each notice shall bear the heading ì "Notice to the Judicial Panel on Multidistrict Litigation of ì Multicircuit Petitions for Review." (c) review shall contain the name, address and telephone number of ì the individual or individuals who submitted the notice on behalf ì of the agency. Rule 24. Random Selection (a) the Clerk of the Panel or designated deputy shall randomly select ì a circuit court of appeals from a drum containing an entry for ì each circuit wherein a constituent petition for review is ì pending. Multiple petitions for review pending in a single ì circuit shall be allotted only a single entry in the drum. The ì random selection shall be witnessed by the Clerk of the Panel or ì a designated deputy other than the random selector. Thereafter, ì an order on behalf of the Panel shall be issued, signed by the ì random selector and the witness, appeals for the circuit that was randomly selected; and record is to be filed pursuant to Rules 16 and 17 of the Federal ì Rules of Appellate Procedure. (b) when the Panel's consolidation order is filed at the offices of ì the Panel by the Clerk of the Panel. Rule 25. Service of Panel Consolidation Order (a) order on the affected agency through the individual or ì individuals, as identified in Rule 23(c) of these Rules, who ì submitted the notice of multicircuit petitions for review on ì behalf of the agency. (b) the agency, shall promptly serve the Panel's consolidation order ì on all other parties in all petitions for review included in the ì Panel's consolidation order, and shall promptly submit a proof of ì that service to the Clerk of the Panel. Service and proof of ì that service shall also be governed by Rule 22 of these Rules. (c) order on the clerks of all circuit courts of appeals that were ì among the candidates for the Panel's random selection.