1:80-F-00452•IN RE: Wheat Farmers Antitrust Class Action Litigation (No. II)
IN RE: Wheat Farmers Antitrust Class Action Litigation (No. II)
1:80-F-00452JpmlMay 19, 2015
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Case MDL No. 452 Document 2 Filed 05/19/15 Page 1 of 2 SuiClal PAREL OH So Co mULTIEIRTRICT LICATISY Lo SE HLED oo | HAR 16 138 SE PATRICIA Us Hit 240 7 fo oo DOCKET NO. 452 CLERK OF THE pares F/B) : BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Cr IN RE WHEAT FARMERS ANTITRUST CLASS ACTION LITIGATION (No. II)- TRANSFER ORDER ERT This litigation consists of two actions, one each pending . I in the Northern District of Texas and the Western District - of Oklahoma. Presently before the Panel is a motion, pursuant a CT to 28 U.S.C. §1407, brought by Continental Grain Company, a defendant in both actions, to transfer the Texas action to the Western District of Oklahoma for coordinated or consolidated pretrial proceedings with the action pending there. The Panel finds on the basis of the papers submittedl’ - . ] ] that the actions in this litigation raise common questions SR : : of fact and that centralization of these actions in the Western SU District of Oklahoma under Section 1407 will best serve the : convenience of the parties and witnesses and promote the just . and efficient conduct of this litigation. The Panel further : : finds that centralization of these actions in the Western Bo District of Oklahoma is appropriate for the reasons expressed - a : by the Panel in our opinion ordering transfer in MDL-129, So In re Wheat Farmers Antitrust Class Action Litigation, an PEE earlier multidistrict docket related to the actions presently : before the Panel. See In re Wheat Farmers Antitrust Class : Action Litigation, 366 F.Supp. 1087 (J.P.M.L. 1973). . IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, Co the action listed on the attached Schedule A and pending in So the Northern District of Texas be, and the same hereby is, Sh transferred to the Western District of Oklahoma and, with SE Lot the consent of that court, assigned to the Honorable Fred : ~ Co Daugherty for coordinated or consolidated pretrial proceedings : i with the action pending in that district and listed on Schedule A. : i THE PANEL: ~ _ _ Andrew A. Caffrey . Chairman 1 The parties waived their right to oral argument and therefore the question of transfer under Section 1407 was submitted on the briefs. Rule 14, R.P.J.P.M.L., 78 F.R.D., 561, 572 (1978).
- . Case MDL No: 452 Document 2 Filed 05/19/15 Page 2 of 2 SCHEDULE A MDL-452 —— In reWheat Farmers Antitrust Class Action Litigation (No. IT) Northern District of Texas Jack Williams, et al. v. Continental Grain Co., C.A. No. CA2-80-202 Western District ofOklahoma Robert L. Barr, et al. v. Clarence Palmby, et al.,C.A. No. CIV80-758-D
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