IN RE: Deere & Co. Field Cultivator and Chisel Plow Patent LItigation

Case MDL No. 405 Document 2 Filed 05/20/15 Page 1of2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION = .
IN RE DEERE & CO. FIELD CULTIVATOR AND CHISEL PLOW PATENT
LITIGATION
TRANSFER ORDER cl
All parties to the actions listed on the ajtached Schedule ooA agree on the desirability of or do not oppose~ transferring,
pursuant to 28 U.S.C. §1407, the actions pending in districts
other than the Southern District of Iowa to that district
for coordinated or consolidated pretrial proceedings with
the action pending there. The Panel has found, upon consideration
.0of the papers submitted and the hearing held, that these
actions involve common questions of fact and that transfer }
will serve the convenience of the parties and witnesses and RTE
promote the just and eficient conduct of this litigation. SEE
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. CT
§1407, the actions listed on the attached Schedule A and
pending in districts other than the Southern District of
Iowa be, and the same hereby are, transferred to that district
and, with the consent of that court, assigned to the Honorable
William C. Hanson for coordinated or consolidated pretrial :
proceedings with the actions pending in that district and
listed on Schedule A. CL
FOR THE PANEL: ~
; 77 { 7 LEN |
Coils £4 iy77
Andrew A. Caffrey
Acting Chairman oo i
1l/ The parties to the actions filed a stipulation consenting }
to transfer that contained phrasing which may be viewed as :
. limiting the transferee judge in the exercise of his powers.
The Panel has always eschewed any attempt to limit the authority
and discretion of the transferee judge in multidistrict litigation. i
See In re Plumbing Fixtures Cases, 298 F. Supp. 484, 489 . :
(J.P.M.L. 1968). Accordingly, we reject any implications :
in. the stipulation of the parties that may appear to circumscribe
the transferee judge's powers.

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@.... —-- In re Deere & Co. Field Cultivator and Chisel Plow PatentLitigation
Southern District of Iowa
Deere & Company v. Massey-Ferguson, Inc.,
C.A. No. 79-214-2
District of Kansas
Deere & Company v. Hesston Corp.,
C.A. No. 79-2167
District of Minnesota
Deere & Company v. Hiniker Co.,
C.A. No. 2-79-357