IN RE: Southwestern Bell Telephone Co. Maternity Benefits Litigation

mE FE .._...Case	MDL No. 216 Document 2 Filed 05/01/15 Page 1 of 6 : :
SEty HEWES
No i : fi sored . ee enn :
ROL] 400 PEDERAL SC2PLLLENT
| ~ - .
JOSEPH S. LORD, Il, and STANLEY ©
CT In re SOUTHWISTERN BILL vanp- A WEIGEL Judges of the Panel. .
cl PEONT CO. MATERNITY BEND C-
FITS LITIGATION. OPINION AND ORDER
oo No. 218. Ce moons
i Judicial Pane: on Multidistrict Litigation, Lo Sori or tn EE
| Seot. 8, 1975. Southwestern Bali Teicphore Co	| it ] : {(SWR) allegedly maining ao ¢ mpaw /
- As Corrected Sept. 23, 1575. nolicy that reguires ils oma. ems : |
3 To ployees to resign or take a cave of abe SA
. Co Lo sence ot the end of the seveatn menth of \
Actions were brought against eri- pernancy and, in addition, to return to )
! ployer charging Sex discrimination In york within one year of giving birth or :
] pregnancy leave policies. Atter 188UINg face termination of employment. Over
| a show cause order, the Judicial Panel the past three years, the Comraunica-| on uitidistrict Litigation held that the tions Workers of Amcrica, AFL-CIOactions shared coramon guesaons ox-1ady (the union) and several female em
| and that the transfer of an action pend- ployees of SW3 have filed individual i
irg in the Western District of Missourl charges with the Zqual Employment Op
snd an action pending in the Western portunity Commission (ZE0C) contend- ’
District of Oklahoma to the Eastern iy that SWE violates Title VII of the oo
O) District of Jlissouri for coordinated or (Civil Rights Act of 1964 by denying its :	Lk consolidated pretrial proceedings with femcle employees who are absent for :
iwoe actions pending in that District niaiernity reasons ceriain benelits that
Fa) ol would best serve the convenience of the i: provides its male employees who ure oo .En parties and witnesses and promote the absent on account of temporary cisabiii-
== just and efficient conduct of the litiga- tics. In each instance, tie BDEOC was Co
tion. unzble to obtain conciliation and, ace
Actions transferred. : cordingly, sent cach compluinuat a “right” }
. - to sue” letter. i
Cours C277.2 Subsequently, these parties, in various ”
‘ Actions against employer charging combinations, filed fauractions in three . :
: sex discrimination in pregnancy leave ditierent federal GISLIICT COuxes : two in :
policies shared common questions of fact ) the Lasiern DISLIICy OL Missouri and one
and transfer of action from Western cach mn the Western District of Missour .
! District of Missouri and action from and the W estern Drier ot vxiaboma. ’
: Western District of Oklahoma to Bast- - viainulis auesacions axe Pasieeay ae
: ern District of Missouri for ccordinated Sune es mentioned above and, more
! or consolidated pretrial proceedings	with creasor accuse . Bor isermmindoJ
; two actions pending in that District ending 1
| would best serve convenience of parties 7 ation pad roLiremen>usper pny . :
and witnesses and promote just and efii- soa SVR son Sori redit PN
cient conduct of litigation. 28 U.S.C.A. oon NOL SIVIGE SCRIOMLY CEmih, Sa
| § 1407. } cenying transiers. oo
: All four actions arc brought as pure
: : : rr sorted class setlons. The clorses songht
; Before ALFRED P. MURRAH, Chair- in two of the actions include ol! fenwic:
racn, and JOHN MINCR WISDOM ¥, cmployees of SWS who have bee, uid
oe EDWARD WEINFELD, EDWIN A. or will be discriminated against on tio ’
CL ROBSON *, WILLIAM IH. BECKER®* basis of their sex by SWB’ maternity
C *Although Judges Wisdom, Robson and Decit- they have, with the consent of ail parties,oF er were unable to attend the Panel hearing, participated in this decision.

Case MDL No. 216 Document 2 Filed 05/01/15 Page 2 of 6
_ 3 . .
- IN RE SCUTHWESTERN BELL T15. CO. EATIRNITY BEN. LIT. 14803{ . © Cite as 400 F.Supp. 14.0 (A575)
leave practices; the other two classes ducting pretrial proceedings. Moreover,
"are subsumed therein. none of tne parties sevivusly coniests the --
An attorney ‘who customarily repre- Selection of the Basiern District of Mis-
sents the union originally instituted one Souri as the appropriate transierce dis- . CCof the actions in the Eastern District of trict. Clearly, that district is the best
oo ' : : 1g 3 : hol Sime tha hopadarantanrs £ Ly, = R
: Missouri on behalf of the union and cer- choice since the headquarters of both DER' : ain individual plaintiffs against SWB." SWIX and the union are located in Si.
, When SWZ later filed a counterclaim Louis and, therefore, most of the discov-
: y . : - 7 ix lileaiv + cour there Thivihar. |
«gainst ihe union, this atlorney found ery is likely to occur there. Furiher : ]himself with a potential conilict of in- More, two of the four actions are al- :
: . terest problem in’ representing both the ready pending in that forum. co ~individual plaintiffs as well as the un- Several parties expressed concern that
Cn ion. Eventually, the atidrney withdrew the conflict of interest problem of the :’ his representation from ail his clients in union's attorney might hinder the expe- : !
that action. - The attorney still repre- _ ditious processing of all the actions. -
: . co. oC y . - o8 [ = . i
sents the union in the two other actions We find these concerns without merit
: in which it is a party, however.t ST and nole that the resolution of this i
: : Cl Cy - problem is a matter eniirely within the :	FN o~ +3 “3 MATA £ ae ae . ~ TI
5 These actions are before the Panel for gisoration of the transferee judge. Co .H.
Section 1407 consideration as a result of Lo Le Sr.a show cause order issued by the Panel? It is therefore ordered that the ac .--
: Although we initially redeived a number tions listed on tne following Schedule A
of responses both for and against trans- 2nd pending in districss other.than the )
fer, we were informed during oral argu- astern District of Missouri be, and the :
_ ment that all parties except the union Same hereby ave, transferred to ihe>; nt that all part > t ior 0s Je - AS
now favor transfer to the Eastern Dis- Dastera District of Missouri and, with
{ : trict of Missouri The union prefers the consent of that court,	- assigned to
. transfer to the Western District of the Honorable Roy W. Harper for coor-
: Yat ; : : : inated or Ldcted nretr cad
Gxlancma; in the alternative, it sup- dirated or consolidated pretrial proceed-	. Ivy carr aTd ST 4%,	ports transfer to the Eastern District of :7&S pursuant fo 23 U.S.C. § 1407 witha
Missouri, provided that the litigation is th actions pending in that district and . :. w res “ arts . .
assigned {6 a judge other than Judge listed on Schedule A. } |
Roy W. Harper.3 So : Iy arp _ . SCHEDULE A © Co '
© We find that these actions share com- Eastern District of Missouri : N. apstinma Pf fant SSRIS J, Tae - . >, :
. mon guesilons oi fact and that their Communications Workers of Civil Action itransfer to the Eastern District of Mis- America, AFL-CIO, et al. v. No. 74-315C(A) : :
sour! for coordinated or consolidated Southwestern Bell Teiephone . :
pretrial proceedings pursuant to 28 U.S. : LL .C NN 1407 will best serve th so Linda Redden, et al. wv. Civil Action i
- 3 L4U{ whi pest serve the convenience Southwestern Beil Telephone’ No. 74-393C(2) B®
) I the parties and witnesses and pro- - Co. v. Communications Work~ . SE Lt
: ole the just and efficient conduct of © of America, AFL-CIO 3
. re litigation . Western Districtof Oklahoma ’ FeCes .. . IR . Mildred Shackelford v. South- Civi! Action Co 3
~ iv 1s undisputed that every action in- western Bell Telephone Co. No. Civ. 74-369E EE
- volves common factual issues concerning and Communications Work- Co EE	ver I PEA ers of wrica, AFL-CIO . : - +
SYW3’s maternity leave system ond that OF OF Ameic LCi0 : t	33 [A N Ped . Westerns District of Missouri : =i
transfer will climinate duplicative ig. \WYestern District of Missouri 5covery, aveld inconsistent class deferral. Mary M. Hughes, ef al vw. Civit Action i : bi
’ COVERY, avoid ineonsisient Ciass determi Southwestern “Bell Telephone to. 75CV-257-\-2 - 1 i
ndiions and reduce the expense of con- Co. } : : : |Cd. The union is a third-party defendant in ie 20 23 U.S.C. § 1407(c) (i) ; RPJPML. SC i
: otler action pending in the Kastern District F.R.D. 253, 238-59 (1975). |
€ 3 © ot Missouri and is a defendant in the action : | : Con ipending in the Western Distriet of Okla- 3. The action wherein the conflict of interest .
- hota, . problem arose Is assizgued to Judge Ilarper. :
£ 400 F.Supp.—83ve . Ca ) . oo .

Case MDL No. 216 Document2 Filed 05/01/15 Page	3 of 6
JUTIRE TR gy oo
MULTI Rn LER
C > Fp
JUH 38 1877 |
oo DOCKET NO. 216 it |	: PATRICIA poe :
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
IN RE SOUTHWESTERN BELL TELEPHONE COMPANY MATERNITY BENEFITS
LITIGATION
: Donna Lee McNulty v. Southwestern Bell Telephone Co., |et al.,	W. D. Missouri, Civil Action No. Cv-816-W-1
TRANSFER ORDER¥ EE
Although plaintiff McNulty opposes transfer pursuant to
28 U.S.C. §1407 of he above-captioned action, upon consideration :of the papers filed,=/ the Panel finds that this action involves
common questions of fact with the actions in this litigation
‘previously transferred to the Eastern District of Missouri
for coordinated or consglidated pretrial proceedings before the	Honorable Roy W. Harper=/ and that transfer of this action
under Section 1407 for inclusion in those proceedings will EEE
serve the convenience of the parties and witnesses and promote
@ the just and efficient conduct of this litigation.— . IT IS THEREFORE ORDERED that the above-captioned action :
pending in the Western District of Missouri be, and the :
same hereby is, transferred pursuant to 28 U.S.C. §1407 to the
Eastern District of Missouri and, with the consent of that court,
assigned to the Honorable Roy W. Harper for coordinated or ’
consolidated pretrial proceedings with the actions in this .
litigation previously transferred to that district and assigned
to the Honorable Roy W. Harper. ol
FOR THE PANEL: |
——— . : \ |=) 0 Mona. Disder |John Minor Wisdom _
Chairman :
* Judges Andrew A. Caffrey and Roy W. Harper took no part in the Lo
consideration or decision of this matter. 0
1/ The parties waived their right to oral argument and, accordingly,
® the question of transfer of this action pursuant to Section 1407 =was submitted on the briefs. Rule 14, R.P.J.P.M.L. 65 F.R.D RB
253, 264 (1975). ’ The
2/ In re Southwestern Bell Telephone Co. Maternity Benefits 1...
Litigation, 400 F. Supp. 1400 (J.P.M.L. 1975). ) CE

Case MDL No. 216 Document2 Filed 05/01/15 Page	4 of 6
I, m3 =
: DOCKET NO. 216 Erp 25
BEFORE THE JUDICIAL PANEL. ON MULTIDISTRICT LITIGATION Eanly Pe
IN RE SOUTHWESTERN BELL TELEPHONE COMPANY MATERNITY BENEFITS SE
LITIGATION | =o Hg
Veronica Piedra, et al. v. Southwestern Bell Telephone
Co., et al., W. D. Texas, Civil Action No. SA76-CA385
TRANSFER ORDER* .
It appearing that all parties	to the actions in this litigation
either agree upon the desirability of or do not oppose transfer
pursuant to 28 U.S.C. §1407 of the above-captioned action,
the Panel finds, upon consideration of the complaint and
the papers filed, that this action involves common questions :
of fact with the actions in this litigation previously :
transferred to the Eastern District of Missouri for : _
coordinated or consolidated pretrial proceedings before the 0
@ = Roy W. Harper2 and that transfer of this action( under Section 1407 for inclusion in those proceedings will |--~ serve the convenience of the parties and witnesses and promote
the just and efficient conduct of this litigation. :
-IT IS THEREFORE ORDERED that the above-captioned action
pending in the Western District of Texas be, and the same
hereby is, transferred pursuant to 28 U.S.C. §1407 to the |
Eastern District of Missouri and, with the consent of that
* Judge Andrew A. Caffrey took no part in the decision of
this matter. Co Co
1/ The parties waived their right to oral argument and, ’
accordingly, the question of transfer of this action pursuant -
to Section 1407 was submitted on the briefs. Rule 14, R.P.J.P.M.L. bo
65 F.R.D. 253, 264 (1975). oo :
In re Southwestern Bell Telephone Co. Maternity Benefits
Plitigation, 400 F. Supp. 1400 (J.P.M.L. 1975). -

Case MDL No. 216 Document 2 Filed 05/01/15 Page 5 of 6 :
|
® —— Transfer Order pP.2 : i
(" |
court, assigned to the Honorable Roy W. Harper for coordinated :
or consolidated pretrial proceedings with the actions in this
litigation previously transferred to that district and assigned
to the Honorable Roy W. Harper. :
- FOR THE PANEL: |
< ohm 1 Lo: sda oo	| y HM AIS |
John Minor Wisdom | -
Chairman :
|
: : |
. . {
® . i.	4 iS |

. Case MDL No. 216 Document 2 Filed 05/01/15 Page 6 of 6
gay oANEL OH |
WEEP Tis ATIONLTRS ERY =
; it
CL Aue i \9i |
3 ARD
CLERKGF 17
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION }
IN RE SOUTHWESTERN BELL TELEPHONE CO. MATERNITY BENEFITS :
LITIGATION :
Veronica Piedra, et al. v. Southwestern Bell Telephone-
Co., et al., E.D. Missouri, C.A. No. 77-1337C(Aa)
ORDER REMANDING CERTAIN CLAIMS oo
It appearing that all parties to the above-captioned ; |
action (Piedra) either favor or do not oppose separation oo
and remand to the transferor forum of the claims asserted iLin Counts III and IV of the first amended complaint in _ 1
\Piedra, and Judge Roy W. Harper, the transferee judge for 7 H
this litigation, having informed the Panel that he believes a
® remand of these claims to be appropriate at the present time, |(y | IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. §1407(a),- the claims asserted in Counts III and IV of the first amended
complaint in the action entitled Veronica Piedra, et al. v.
Southwestern Bell Telephone Co., et al., E.D. Missouri,
C.A. No. 77-1337C(A) be, and the same hereby are, separated |
and remanded to the Western District of Texas for further |
. proceedings.
FOR THE PANEL:
wa |
=0 {Py oo) TP. |
John Minor Wisdom
Chairman
®