1:80-F-00434•IN RE: Air Crash Disaster in the Ocean Offshore of St. Maarten, Netherlands Antilles, on December 24, 1977
IN RE: Air Crash Disaster in the Ocean Offshore of St. Maarten, Netherlands Antilles, on December 24, 1977
1:80-F-00434JpmlMay 18, 2015
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. Case MDL No. 434 Document 2 Filed 05/18/15 Page 1 of 2 oo JUDICIAL PANEL (iH Le YOLTIGISTRICT LITIGATICN EE DOCKET NO. 434 FILED ES BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LitrtArid Tes EA IN RE AIR CRASH DISASTER IN THE OCEAN OFFSHORE AGRISA Drip, CHS NETHERLANDS ANTILLES, ON DECEMBER 24, 1977 CLERK OF THz FARE : ORDER DENYING TRANSFER* Presently before the Panel is a motion, pursuant to 28 U.S.C. §1407, brought by plaintiffs in the two actions Cte listed on the attached Schedule A for transfer of the action Co pending in the Eastern District of Pennsylvania to the District : RE Co of the Virgin Islands for coordinated or consolidated pretrial . AEE proceedings with the action pending there. oo 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. Given the : } minimal number of actions before us, movants have failed Co to persuade us that any common questions of fact involved Co in these actions are sufficiently complex, and that the i Co accompanying discovery will be so time-consuming, as to a. justify Section 1407 transfer. See In re Scotch Whiskey Antitrust Litigation, 299 F. Supp. 543, 544 (J.P.M.L. 1969). We note 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 . : Penitentiary Postal Procedure Litigation, 465 F. Supp. 1293, : : 1294-95 (J.P.M.L. 1979); In re Commercial Lighting Products, : Inc. Contract Litigation, 415 F. Supp. 392, 393 (J.P.M.L. 1976). See also Manual for Complex Litigation, Parts I : and II, §§3.11 (rev. ed. 1977). IT IS THEREFORE ORDERED that the motion for transfer pursuant to 28 U.S.C. §1407 pertaining to the actions listed oo _ on the following Schedule A be, and the same hereby is, IEE DENIED. CL OR THE PANEL: 7 7)Loree Co NO |Andrew A. Caffrey J Co ;: Chairman * Judge Edward S. NorthrBp took no part in the decision . of this matter. EEE
. Case MDL No. 434 cRPegunenp2 Filed 05/18/15 Page 2 of 2 MDL-434 -- In re Air Crash Disaster in the Ccean Offshore of St. Maarten, Metherland ’ Antilles, on December 24, 1977 : Eastern District of Pennsylvania : . Tna Viola Smith, et al. v. Avco-Lycoming, et al., C.A. No. 79-4623 : District of Virgin Islands : James Carty, et al. v. Beech Aircraft Corp., et al., C.A. No. 78-96
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