IN RE: Air Crash Disaster Near Coolidge, Arizona, on May 6, 1971

Case MDL No. 144 Document 2 Filed 05/04/15 Page 1 of 3
BEFORE THE JUDICIAL PANEL oy SEES PANE oy
ON RELTIES TRICT	Ti ATiny
MULTIDISTRICT LITIGATION IER	SO
IN RE ATR CRASH DISASTER NEAR ) ocker noR0s] 1973
COOLIDGE, ARIZONA, ON MAY 6, 1971 ) DOCRET MD, 14%
CLE	Ur iEFag
OPINION	AND. ORDER
BEFORE ALFRED P. MURRAH *, CHAIRMAN, AND JOHN MINOR WISDOM,
EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER,
JOSEPH S. LORD, III, AND STANLEY A. WEIGEL, JUDGES OF THE PANEL
PER CURIAM
On May 6, 1971, an Apache Airlines aircraft en.route from
Tucson to Phoenix crashed in a farm field near Coolidge, Arizona.
All twelve persons aboard were killed, including the crew of two
and a "dead heading" Apache Airlines employee. At the present time,
eleven actions arising from the crash are pending in the District
of Arizona and one in the Eastern District of California. Defend-
ant United States of America moves the Panel for an order trans-
ferring these actions to a single district, either in Arizona or
California, for coordinated or consolidated pretrial proceedings
pursuant to 28 U.S.C. §1407. All responding parties favor transfer
of this litigation and the only question at issue is which district
is the most appropriate transferee forum. We find that these actions
involve common questions of fact and that transfer of the California
action to the District of Arizona will best serve the convenience
of the parties and witnesses and promote the just and efficient
conduct of the litigation.
-—
Although Judge Murrah was not present at the hearing,
he has, with the consent of all parties, participated
in this decision.

Case MDL No. 144 Document 2 Filed 05/04/15 Page 2 of 3
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We have generally assigned air crash litigation to the
district in which the crash occurred, unless the facts of a parti-
cular litigation made another district more appropriate. See,
e.g., In re Florida Everglades Air Disaster Litigation, __F. Supp.
____ (3.P.M.L., filed June 28, 1973);	In re Huntington, West Virginia,
Air Disaster Litigation, 342 F. Supp. 1400 (J.P.M.L. 1972). There
are no persuasive reasons for deviating from that general rule in
this litigation. The crash occurred within the District of Arizona
and many of the relevant documents and anticipated witnesses,
including all of the eyewitnesses,.are located there. In addition,
consolidated discovery proceedings have already commenced in the
Arizona actions and counsel are attempting to coordinate the
federal discovery with the discovery in the Arizona state actions.
Furthermore, the vast majority of the cases are pending in the
District of Arizona and all parties except the plaintiff in the
California action favor that district as the transferee forum.
IT IS THEREFORE ORDERED that the action listed on
the attached Schedule A pending in the Eastern District of
California be, and the same hereby is, transferred to the District
of Arizona and, with the consent of that court, assigned to the
Honorable C.A. Muecke for coordinated or consolidated pretrial
proceedings pursuant to 28 U.S.C. §1407.

| Case MDL No. 144 Document 2 Filed 05/04/15 Page 3 of 3a, = a
SCHEDULE A | DOCKET NO. 144 . |
EASTERN DISTRICT OF CALIFORNIA . |
- Cynthia L. Stein, ete. v. United States . Civil Action | :
of America No. S=2346.° | !DISTRICT OF ARIZONA | |	maa SE ahd fru. . { Y |
Arthur A. Wagner, etc. v. C & W Aviation- Civil Action -
. Inc., et al. No.. 72=8-=CaM - ;
~ William J. McGrath, etc. Vo C & W Civil Action ; i- Aviation, Inc., et al, No. 72=15-CAM i :
. Jahala Noble Ford, etc,	Vo C & W. Civil Action :' Avaation, Inc., et al. " No. 72=47=-CaM
Jackie Lynne Hummer, etc. v. C & W Civil Action
Aviation, Inc., et al. No. 72=73=-CaM
Prederick Gregg, etc. v. C & W, : Civil Action .
Aviation, Inc., et al. No. 72-131=-CaM
Sharon Elizabeth Nelson, et al. Vv. Civil Action
: Carstedt, Inc., et al. Co No. 72=-155=CA,
Flora Segundo, etc. Vv. C & W Civil Action
Aviation, Inc., et al. No. 72=-208-CaM
: Billie Jo Jacobs, etc. v. United : Civil Action
States of America ~ No. 72-243-CcaM
Jeweline Tarkington, etc. v. United Civil Action
States of America No. 73=105-CAM
. Cheryl Lynn Huntington, et al, v. Civil Action
Valerie LaVoane Wood, et al. No. 73=1.09=CAM - Co
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