IN RE: Air Crash Disaster in the Ocean Offshore of St. Maarten, Netherlands Antilles, on December 24, 1977

. Case MDL No. 434 Document 2 Filed 05/18/15 Page 1 of 2
oo JUDICIAL PANEL (iH Le
YOLTIGISTRICT LITIGATICN EE
DOCKET NO. 434 FILED ES
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LitrtArid Tes EA
IN RE AIR CRASH DISASTER IN THE OCEAN OFFSHORE AGRISA Drip, CHS	NETHERLANDS ANTILLES, ON DECEMBER 24, 1977 CLERK OF THz FARE :
ORDER DENYING TRANSFER*
Presently before the Panel is a motion, pursuant to
28 U.S.C. §1407, brought by plaintiffs in the two actions Cte
listed on the attached Schedule A for transfer of the action Co
pending in the Eastern District of Pennsylvania to the District : RE Co
of the Virgin Islands for coordinated or consolidated pretrial . AEE
proceedings with the action pending there. oo
On the basis of the papers filed and the hearing held, =
we find that Section 1407 transfer would neither serve the
convenience of the parties and witnesses nor further the
just and efficient conduct of the litigation. Given the : }
minimal number of actions before us, movants have failed Co
to persuade us that any common questions of fact involved Co
in these actions are sufficiently complex, and that the i Co
accompanying discovery will be so time-consuming, as to a.
justify Section 1407 transfer. See In re Scotch Whiskey
Antitrust Litigation, 299 F. Supp. 543, 544 (J.P.M.L. 1969).
We note that suitable alternatives to transfer exist in
order to minimize the possibility of duplicative discovery :
and/or conflicting pretrial rulings. See, e.g., In re . :
Penitentiary Postal Procedure Litigation, 465 F. Supp. 1293, : :
1294-95 (J.P.M.L. 1979); In re Commercial Lighting Products, :
Inc. Contract Litigation, 415 F. Supp. 392, 393 (J.P.M.L.
1976). See also Manual for Complex Litigation, Parts I :
and II, §§3.11 (rev. ed. 1977).
IT IS THEREFORE ORDERED that the motion for transfer
pursuant to 28 U.S.C. §1407 pertaining to the actions listed oo _
on the following Schedule A be, and the same hereby is, IEE
DENIED. CL
OR THE PANEL:
7 7)Loree Co NO |Andrew A. Caffrey J Co ;: Chairman
* Judge Edward S. NorthrBp took no part in the decision .
of this matter. EEE

. Case MDL No. 434 cRPegunenp2 Filed 05/18/15 Page 2 of 2
MDL-434 -- In re Air Crash Disaster in the Ccean Offshore of St. Maarten, Metherland
’ Antilles, on December 24, 1977 :
Eastern District of Pennsylvania : .
Tna Viola Smith, et al. v. Avco-Lycoming, et al.,
C.A. No. 79-4623 :
District of Virgin Islands :
James Carty, et al. v. Beech Aircraft Corp., et al.,
C.A. No. 78-96