1:81-F-00466•IN RE: Metropolitan Contract Services and Pioneer Contract Services "ERISA" Litigation
IN RE: Metropolitan Contract Services and Pioneer Contract Services "ERISA" Litigation
1:81-F-00466JpmlMay 19, 2015
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Case MDL No. 466 Document 2 Filed 05/19/15 Page 1 of 2 RCL UAE SCY : ES _ MULT LA " EERE aFE Vi IEE (Foe Ca NEE ERY -7 139i I7/. PLE DOCKET NO. 466 7 EO PATRIA Thom ny Ce os IRIEL Ta LE AA [a -- BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION & PHC A NEL co IN RE METROPOLITAN CONTRACT SERVICES AND PIONEER CONTRACT SERVICES ERISA LITIGATION ORDER DENYING TRANSFER* Co Presently before the Panel is a motion, pursuant to oo oe 28 U.S.C. §1407, brought by most of the defendants in the Lo two actions listed on the attached Schedule A, for transfer Coof the action pending in the Northern District of Alabama - ’ to the Southern District of Texas for coordinated or consoli- : dated pretrial proceedings with the action pending there. On the basis of the papers filed and the hearing held, we find that Section 1407 transfer would neither serve the PE convenience of the parties and witnesses nor further the co Co just and efficient conduct of the litigation. Given the PE . minimal number of actions before us, movants have failed } Co } to persuade us that any common questions of fact involved : in these two actions are sufficiently complex, and that the accompanying discovery will be so time-consuming, as : to 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 nr order to minimize the possibility of duplicative discovery . and/or conflicting pretrial rulings. See, e.g., In re Peni- tentiary Postal Procedure Litigation, 465 F. Supp. 1293, i 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, §83.11 (rev. ed. 1977). : : IT IS THEREFORE ORDERED that the motion for transfer B SEE pursuant to 28 U.S.C. §1407 be, and the same hereby is, : ’ DENIED. FOR THE PANEL: } Andrew A. 2. Gf ooChairman oo : * Judge Fred Daugherty took no part in the decision of this matter.
oo Case MDL No. 466 Document 2 Filed 05/19/15 Page 2 of 2 @¢ DOCKET NO. 466 SCHEDULE A NORTHERN DISTRICT OF ALABAMA Billy R. Adcock, et al. v. Pioneer Contract C.A. No. Services, Inc., et al. v. Allied Bank of Texas CV80L5274NE SOUTHERN DISTRICT OF TEXAS Raymond J. Donovan, etc. v. Kenneth R. C.A. No. Cunningham, et al. v. Allied Bank of Texas H~-80-87
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