IN RE: Helicopter Accident off Cape Henry, Virginia, on March 20, 1983

Case MDL No. 611 Document 2 Filed 06/01/15 Page 1 of 2
JUDICIAL PANEL oN
C KULTIOISTRICT LITIGAT:0N	DOCKET NO. 611 FILED -
BEFORE. THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION 0CT -2 198%
IN RE HELICOPTER ACCIDENT OFF CAPE HENRY, VIRGINIA, ON MARCH 20, GagRicIA . fw es;	K OF THE PANEL
TRANSFER ORDER
This litigation presentiy consists of three actions pending in three
federal districts: one action each in the Eastern District of Pennsylvania,
the Eastern District of California and the Middie District of Tennessee.
Before the Panel is a motion by the Boeing Company, a defendant in ail three
actions, to transfer the Pennsyivania and California actions to the Middle
District of Tennessee for coordinated or consolidated pretrial proceedings
with the action pending there. Boeing suggests, in the aiternative, that the
actions be centralized in the Fastern District of Pennsylvania, where the
accident helicopter was manufactured. Piaintiffs in all three actions agree
that the actions should be centralized for pretrial proceedings. The
Tennessee plaintiff favors the Middie District of Tennessee as the transferee
forum; the California and Pernsylvania plaintiffs urge that the actions be
centralized in the Eastern District of Pennsylvania.
On the basis of the papers filed and the hearing heid, the Panel finds
that the actions in this litigstion involve common questions of fact and that
C centralization under Section 1407 in the Eastern District of Pemnsyivania will	best serve the convenience of parties and witnesses and promote the just and
= efficient conduct of this litigation. These actions arise from the crash of a
United States Army CH-47 helicopter, while on military exercises, in the
Atlantic Ocean off the coast of Cape Henry, Virginia, on March 20, 1983.
Transfer under Section 1407 is desirable in order to avoid duplicative
discovery, prevent Inconsistent pretrial rulings, and conserve the resources
of the parties, their counsel and the Judiciary.
Although either of the suggested districts could be described as an
appropriate transferee forum for this litigation, we are persuaded that the
Fastern District of Pennsylvania is preferable. We observe that reievant
documents and witnesses concerning the design and manufacture of the
heiicopter can be found at Boeing-Vertol's principal place of business located
in the Eastern District of Pennsylvania.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §i407, the actions
listed on the attached Schedule A and pending in districts other than the
Eastern District of Pennsylvania be, and the same hereby are, transferred to
the Eastern District of Pennsylvania and, with the consent of that court,
assigned to the Honorable Charles R. Weiner for coordinated or consolidated
pretrial proceedings with the action pending in that distict and iisted on
Schedule A.
® FOR THE PANEL:
Andrew A. Caffrey
Chairman

Case MDL No. 611 Document > ‘Filed 06/01/15 Page 2 of 2
SCHEDULE A C
MDL-611 -- IN RE HELICOPTER ACCIDENT OFF CAPE HENRY, VIRGINIA ON
MARCH 20, 1983 —	—_—	YZ
Eastern District of California
Rosa Marie Thompson, etc. v. The Boeing Co., et al.,
C.A. No. CIV-SBLU-388 RAR
Middle District of Tennessee
Kristy A. Alve etc. v. The Boeing Co., et al.,
C.A. No. CER EIT)
Eastern District of Pennsylvania
Lawrence F. Duns, Sr., et al. v. The Boeing Co.,	C <A . Oe. -