IN RE: NB Jackets Antitrust Litigation

EP Case MDL No. 617 Document2 Filed 06/01/15 Page	1 of 2 I
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DOCKET NO. 617 roto An
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION	0
! IN RE NB JACKETS PATENT LITIGATION = -
| ORDER DENYING TRANSFER
: This litigation presently consists of four actions pending in three
| federal districts: two actions in the Western District of Tennessee znd
| one action each in the District of Minnesota and the Northern District
of Illinois. Before the Panel is a motion, pursuant to 2¢ U.S.C. $1407,
by plaintiff in all four actions, NB Jackets de Puerto Rico, to transfer
the Tennessee and Minnesota actions to the Northern District of Illinois
for coordinated or consolidated pretrial proceedings with the action
pending there. All four defendants oppose transfer. In the event that
the Panel nevertheless concludes that centralization is appropriate in
this docket, then three defendants favor selection of the District of
Minnesota as transferee forum.
On the basis of the papers filed and the hearing held, the Panel
© finds that Section 1407 transfer would not necessarily serve the
convenience of the parties and witnesses or further the just and
efficient conduct of the litigation. Given the relatively few number of
actions before us, movant has failed to persuade us that any cornon
questions of fact involved in these actions are sufficiently complex,
and that the accompanying discovery will be so time-consuming, as to
C justify Section 1407 transfer. See In re Scotch Whiskey Antitrust= V Litigation, 299 F.Supp. S43, 544 (J.P.M.L. 1906Y). Suitable alternatives
il To Section 1407 transfer, such as filing or cross-filing notices for aparticular deposition in all actions or seeking use of common discovery
in all applicable actions, are available to the parties.
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:
Andrew A. Caffrey
| Chairman

- Case MDL No. 617 Document2 Filed 06/01/15 Page	2 of 2“ow . ~ ) .
SCHEDULE A
DOCKET NO. 617 -- IN RE NB JACKETS PATENT LITIGATION C	rr :
ps NORTHERN DISTRICT OF ILLINOIS SE
NB Jackets de Puerto Rico v. Microseal Corporation, Civil Action lo.
BU-C-6544
- WESTERN DISTRICT OF TENNESSEE
NB Jackets de Puerto Rico v. Kleer-Vu Industries, Inc., Civil Action No.
84-1161
NB Jackets de Puerto Rico v. Microtech Press, Inc., Civil Action No.
DISTRICT OF MINNESOTA
NB Jackets de Puerto Rico v. Minnesota Mining and Manufacturing Co.,
Civil Action No. 4-84-8138
a | @