IN RE: Rockwell Model 60 Sabreliners Modified by the Raisbeck Mark V System Litigation

Case MDL No. 527 Document 2 Filed 06/01/15 Page 1 of 2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION . I .
PATO MEAN i
IN RE ROCKWELL MODEL 60 SABRELINERS MODIFIED BY THE RAISBECK™ "= 7 ee FaMARK V SYSTEM LITIGATION : co
ORDER DENYING TRANSFER*
This litigation consists of four actions pending in
two federal districts: three in the Western District of CL
Washington and one in the Southern District of Indiana. : :
Presently before the Panel is a motion, pursuant to 28 U.S.C. Co
§1407, brought by defendant United States, for transfer
of the action pending in the Southern District of Indiana
to the Western District of Washington for coordinated or
consolidated pretrial proceedings with the actions pending
there. se
On the basis of the papers filed and the hearing held,
we find that Section 1407 transfer would neither serve the Ci -
convenience of the parties and witnesses nor further the Ea :
just and efficient conduct of the litigation. Each of the co :
four actions involves claims by plaintiffs that the Federal
Aviation Administration (FAA) was negligent in inspecting,
monitoring, and supervising the retrofitting of plaintiffs’
various Sabreliner aircraft. Whatever common factual questions
that may be present in these actions are not, in our view, :
so complex or the accompanying discovery so time-consuming
as to warrant transfer. Moreover, discovery in the Indiana
action is scheduled to be completed by April 30, 1983, and a trial
date is set for June 13, 1983. See In re Roval Typewriter Co. (Roval :
Bond Copier) Breach of Warranty Litigation, 435 F. Supp. 925 (J.P.M.L.
1977).
"IT IS THEREFORE ORDERED that the motion pursuant to
28 U.S.C. §1407 to centralize the actions listed on the
attached Schedule A be, and the same hereby is, DENIED. .
FOR THE PANEL:
Codrsw @. CheyAndrew A. Caffrey
Chairman
* Judge Fred Daugherty recused himself and took no part So
in the decision of this matter. In addition, Judge Edward
S. Northrop took no part in the decision of this matter.

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Schedule A
southern District of Indiana
Joseph E. Seagram & Sons, Inc. V. United States of America,C.A. No. IP82-900C
Western District of Washington
Guardian Industries Corp. V. United States of America,
C.A. No. c82-557C
Natural Gas Pipeline Co. of America, et al. v. United States
of America, C.A. No. C82-556R
Axel Rent, S.A. V. United States of America,
C.A. No. C82-876M