IN RE: Giacomino Construction Company Contract Litigation

- Case MDL No. 589 Document 2 Filed 06/01/15 Page 1 of 4
JUDICIAL PANEL ON
KULTIDISTRICT LITIGATION
o FILED
DOCKET NO. 589 Juit -8 1984
PATRICIA D. nV ARD
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION CLERK OF THE PANEL
IN RE GIACOMINO CONSTRUCTION COMPANY CONTRACT LITIGATION
TRANSFER ORDER#*
This litigation presently consists of three actions pending in
three districts as follows: one action each in the Northern District
of Illinols, the Eastern District of Missouri and the Eastern District
of Michigan. Before the Panel is a motion by Giacomino Construction
Company (Giacomino), a party to all three actions, to transfer,
pursuant to 28 U.S.C. §1407, the Missouri and Michigan actions to the
Northern District of Illinols for coordinated or consolidated pretrial
proceedings with the action pending there. National Bonding &
Accident Insurance Company (National Bonding), another party to all
three actions, cross-moves to centralize the actions in the Eastern
District of Michigan. Fogel & Associates of Michigan (Fogel), a party
to two of the actions; and Fogel & Assoclates of New York and Edward
Glucklick, defendants in the Illinois action, oppose Giacomino's
Section 1407 motion, and, in the alternative, also cross-move to
centralize the actions 1n the Eastern District of Michigan.
C On the basis of the papers filed,1’/ the Panel finds that these	three actions involve common questions of fact and that centralization
ge under Section 1407 in the Northern District of Illinois will best
serve the convenience of the parties and witnesses and promote the
Just and efficlent conduct of the litigation. All three actions
allegedly involve a dispute concerning the amount of money owed by the
parties to each other as a result of construction work completed by
Giacomino for National Bonding and the United States Army Corp of
Engineers for which Fogel provided consulting services.
Centralization under Section 1407 is thus necessary in order to
eliminate duplicative discovery, prevent inconsistent pretrial
rulings, and conserve the resources of the parties, their counsel and
the Judiciary.
We are persuaded that the Northern District of Illinois is the
appropriate transferee forum for this litigation. We note that 1)
several potential witnesses are located in the Chicago area, including
former Glacomino employees and a former counsel for National Bonding,
and 2) the Northern District of Illinois 1s centrally located in
relation to other potential witnesses and the parties.
¥ Judges Robert H. Schnacke and Sam C. Pointer, Jr. took no part in
C the decision of this matter.1/ The parties waived oral argument and accordingly the question of
transfer of these actions was submitted on the briefs. Rule 14,
R.P.J.P.M.L., 89 F.R.D. 273, 283-84 (1981).

. Case MDL No. 589 Document 2 Filed 06/01/15 Page 2 of 4
-2- .
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the
actions listed on the following Schedule A and pending in districts
other than the Northern District of Illinois be, and the same hereby
are, transferred to the Northern District of Illinois and, with the
consent of that court, assigned to the Honorable Susan Getzendanner
for coordinated or consolidated pretrial proceedings with the action
pending in that district and listed on Schedule A.
FOR THE PANEL:
Casts @. CO,Andrew A. Caff
Chairman

. Case MDL No. 589 Document 2 Filed 06/01/15 Page 3 of 4
@ Schedule A
MDL-589 -- In re Giacomino Construction Company Contract Litigation
Eastern District of Michigan
Fogel & Associates, Inc. v. National Bonding & Accident Insurance
Co., et al., C.A. No. 83-CV-5611-DT
Eastern District of Missouri
National Bonding & Accident Insurance Co. v. Gilacomino
Construction Co., et al., C.A. No. B4-0132C(2)
Northern District of Illinois
Giacomino Construction Co. v. National Bonding & Accident
Insurance Co., et al., C.A. No. 84-C-1478

Case MDL No. 589 Document 2 Filed 06/01/15 Page 4 of 4 *
: - JUDICIAL PARCL OH-
Co MULTIDISTRIBT LITIGATION
FILER :
APR 30 CC)
MDL-589 PATKICIA D. Heit	4)	. ‘ ry yA NT
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGARZDRf OF THE PAE
IN RE GIACOMINO CONSTRUCTION COMPANY LITIGATION |
ORDER ADMINISTRATIVELY CLOSING DOCKET
On June 8, 1984, an unpublished transfer order was filed by the
Panel transferring single actions from the Eastern District of
Missouri and the Eastern District of Michigan to the Northern District
of Illinois for coordinated or consolidated pretrial proceedings. On
October 1, 1984, both actions transferred under 28 U.S.C. §1407 were
terminated in the transferee district. Considering that the single
remaining action in this litigation was originally filled in the trans-
feree district, the Northern District of Illinois, it 1s unlikely that
future involvement of the Panel will be necessary in this litigation.
Consequently,
IT IS ORDERED that this docket be and the same is administratively
CLOSED.
FOR THE PANEL:
Zl D. Howard aClerk of the Panel :