1:84-F-00585•IN RE: Invoil Securities Litigation
Gesamter Gesetzestext
: Case MDL No. 585 Document 2 Filed 06/01/15 Page 1 of 5 JEOIIAL FAKLL OK . RATEIETRICT UTISATICK C FILEDDOCKET NO. 585 APR 16 B88 BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Sirius Sub sii? y 1. Fook IN RE INVOIL SECURITIES LITIGATION TRANSFER ORDER This litigation presenyly consists of sixteen actions pending insix districts as follows:= Western District of Oklahoma 9 actions Middle District of Florida 3 actions Southern District of Alabama 1 action Southern District of Indiana 1 action District of Kansas 1 action Western District of Texas 1 action Before the Panel is a motion by three related defendants to centralize all actions in the Western District of Oklahoma for coordinated or consolidated pretrial proceedings under 28 U.S.C. §1407. On the basis of the papers filed and the hearing held, the Panel - finds that transfer of all actions but the Kansas action to the C Western District of Oklahoma will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of = the litigation. The actions to be centralized share numerous factual questions relating to the promotion, financing and sale of limited partnership interests in oil and gas drilling partnerships of which : Invoil, Inc., (Invoil) was the general partner. Centralization of these actions 1s therefore necessary in order to avoid duplication of discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary. The Kansas action, however, is brought by purchasers of interests in an Invoil program that 1s not involved in any other action pending outside the Western District of Oklahoma or in any of the Oklahoma actions (which have been consolidated for pretrial purposes pursuant to local court rule). Movants have failed to demonstrate the existence of sufficlent common questions of fact and remaining common discovery that would warrant centralization of the Kansas action with the other actions in this docket. 1/ An additional action, Richard H. Edwards v. Prudential-Bache Energy Corp., et al., E.D. Missouri, C.A. No. 83-2376C, was included on the schedule of actions accompanying the motion now before the Panel. That action has since been dismissed and, accordingly, the question of transfer with respect to that actlon 1s moot.
| Case MDL No. 585 Document 2 Filed 06/01/15 Page 2 of 5 -p We are persuaded that the Western District of Oklahoma is the appropriate transferee forum for this litigation. We note that 1) nine of the sixteen actions are already pending there; 2) the vast majority of plaintiffs are already parties to actions there; 3) most of the defendants have their residence or principal place of business in Oklahoma, or are already parties to actions pending there; and 4) the Invoil officers and employees likely to be called as Witnesses, as well as relevant records, are located in or near Oklahoma City, where Invoil had its offices. IT IS THEREFORE ORDERED that transfer pursuant to 28 U.S.C. §1407 - of the action listed on the attached Schedule A and pending in the District of Kansas be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. §1407, the remaining actions listed on the attached Schedule A and pending outside the Western District of Oklahoma be, and the same hereby are, transferred to to the Western District of Oklahoma and, with the consent of that court, assigned to the Honorable Ralph G. Thompson for -. coordinated or consolidated pretrial proceedings with the actions ‘pending in that district and listed on Schedule A. C. FOR THE PANEL: tn Qc Andrew A. Caffrey ~ Chairman
‘ Case MDL No. 585 Document2 Filed 06/01/15 Page 3 of 5 SCHEDULE A MDL-585 -- In re Invoil Securities Litigation ) Southern District of Alabama Julien E. Marx, et al. v. Bache Halsey Stuart Shields, Inc., et al., C.A. No. 3-01 Cc Middle District of Florida John C. Redmond v. Saehe, Lalsed, Stuart and Shields, Inc., et al., C.A. Qe - - RL~-C -11 David L. Hinshaw v. Bache, Halsey, Stuart and Shields, Inc., Richard E. Whiteside v. Bache, Halse Stuart and Shields Inc., et al., C.A. No. B3-258-0ORL-CIV-11 Southern District of Indiana Daniel L. Anderson v. Prudential-Bache Securities, Inc. C District of Kansas Hugh David Bradbury, et al. v. Prudential-Bache Securities, nc., et al., <A. O. -1 Western District of Texas Carroll D. Farmer, et al. v. Prudential-Bache Ener Corp. et al., C.A. No. 183-CA-LLT Western District of Oklahoma Herman Geller, et al. v. Prudential-Bache Securities, Inc. et al., C.A. No. 83-1726T Daniel Pickrell, et al. v. Prudential-Bache Securities, Inc., et al., C.A. No. 3-17277T Herman Geller, et al. v. Prudential-Bache Securities, Inc. et al., C.A. No. 83-1728T Dorothy Ploeger, et al. v. Prudential-Bache Securities Inc., et al., C.A. No. 83-1731T Herman Geller, et al. v. Prudential-Bache Securities, Inc. et al., C.A. No. 83-17 32T Jerry Sherwood, et al. v. Prudential-Bache Securities, Inc., et al., C.A. No. 3-229 T Jerry Sherwood, et al. v. Prudential-Bache Securities, Inc., C et al., C.A. No. 3- 57
To Case MDL No. 585 Document 2 Filed 06/01/15 Page 4 of 5 -2= Western District of Oklahoma (Continued) Jerry Sherwood, et al. v. Prudential-Bache Securities, Inc., et al., C.A. No. 3-2 9 T Jerry Sherwood, et al. v. Prudential-Bache Securities, Inc., et al., C.A. No. 83-2797T
Case MDL No. 585 Document 2 Filed 06/01/15 Page 5 of 5 JUDICIAL PANEL ON MULTIDISTRICT LITIGATION FILED ce ' DOCKET NO. 585 . ® N27 1988D. HOWARD BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT rrr FAIRER THE PANEL IN RE INVOIL SECURITIES LITIGATION ORDER REASSIGNING LITIGATION Inasmuch as the actions in the above litigation have been reassigned to the Honorable Luther B. Eubanks, in accordance with the Local Rules for the United States District Court for the Western District of Oklahoma, ’ IT IS THEREFORE ORDERED that the above-captioned litigation be, and the same hereby is, reassigned to the Honorable Luther B. Eubanks for the remainder of the coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. §1407. FOR THE PANEL: Andrew A. Caffrey Chairman
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.