IN RE: Datapoint Corporation Distributorship LItigation

Case MDL No. 591 Document 2 Filed 06/01/15 Page 1 of 2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGARROR Ge St bi
IN RE DATAPOINT CORPORATION DISTRIBUTORSHIP LITIGATION
ORDER DENYING TRANSFER#*
This litigation consists of one action pending in the Central
District of California and one action pending in the Western District
of Texas. Presently before the Panel is a motion by the defendant in
both actions to transfer, pursuant to 28 U.S.C. §1407, the actions to
an appropriate district for coordinated or consolidated pretrial
proceedings. Plaintiffs in both the California and Texas actions
oppose transfer.
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. Although we recognize that the actions in this
litigation may involve some common questions of fact, given the
minimal number of actions before us, we are not persuaded that these
factual questions are so complex, or the accompanying discovery so
time-consuming, to warrant transfer. See In re Scotch Whiske
® Antitrust Litigation, 299 F.Supp. 543, 584 (J.P.M.L. 1969). Further-	more we point out 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 Eli Lilly and Compan
(Cephalexin Monohydrate) Patent Litigation, 446 F.Supp. 2042, 24%
(7.P.M.L. 1978).
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 1s, DENIED.
FOR THE PANEL:
Andrew A. Caffrey :Chairman
¥ Judge Milton Pollack recused himself and took no part in the
decision of this matter. In addition, Judges Robert H. Schnacke and
® Sam C. Pointer, Jr. took no part in the decision of this matter.

Case MDL No. 591 Document 2 Filed 06/01/15 Page 2 of 2
Schedule A
MDL-591 -- In re Datapoint Corporation Distributorship Litigation
Central District of California
TRW, Inc. v. SAIT Electronics S.A., C.A. No. 83-1899-CBM-JRX
Western District of Texas
Datapoint DISC, Inc. v. SAIT Electronics S.A., C.A. No.
SA-83-CA-T750