IN RE: Hoffacker Bicycle Seat Patent and Trademark Litigation

Case MDL No. 492 Document 2 Filed 05/19/15 Page 1 of 2AR TAY
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: FELTEISTRICT HIBCATLH : _
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DOCKET NO. 492 MAR -8 1387 Ce
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATIGRIICS Boillo	io ER	CLERK CF THE PANIL RP
IN RE HOFFACKER BICYCLE SEAT PATENT AND TRADEMARK LITIGATION | :y IN
ORDER DENYING TRANSFER * KA :
Presently before the Panel is a motion, pursuant to Tr
28 U.S.C. §1407, brought by the plaintiffs in the actions ERTS
listed on the attached Schedule A for transfer of the action a” Lo
pending in the District of Colorado to the Middle District : EI
of Florida for coordinated or consolidated pretrial proceedings i.
with the actions pending there. : oo
On the basis of the papers submitted, +’ we find that Ny
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 to persuade us that ~ B .
any common questions of fact involved in these actions are Sn
sufficiently complex, and that the accompanying discovery ne
will be so time-consuming, as to justify Section 1407 transfer.
See In re Scotch Whiskey Antitrust Litigation, 299 F. Supp.
S43, 544 (J.P.M.L. 1969). Furthermore, we point out 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 Eli Lilly and Company :
(Cephalexin Monohydrate) Patent Litigation, 446 F. Supp. :
242, 244 (J.P.M.L. 1978). 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 be, and the same hereby is, CL
DENIED. . .
FOR THE PANEL: Cr
Andrew A. Caffrey
Chairman
* Judges Roy W. Harper and Sam C. Pointer, Jr. took no part So
in the decision of this matter.
1/ The parties waived oral argument and accordingly the
question of transfer of these actions under Section 1407
was submitted on the briefs. Rule 14, R.P.J.P.M.L., 89
F.R.D. 273, 283-84 (1981).

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Case MDL No. 492 Document2 Filed 05/19/15 Page	2 of 2
Schedule A
é MDL-492 -- In re Hoffacker Bicycle Seat Patent and Trademark	) Litigation ’
District of Colorado
Neal D. Hoffacker, et al. v. Bike House, et al.,
~C.A. No. 81-K-907 .
Middle District of Florida
Neal D. Hoffacker, et al. v. Bike House, et al.,
C.A. No. 81-124(B)-0Orl-Civ-R .
Neal D. Hoffacker, et al. v. Bike House, et al,
C.A. No. 81-124(RA)-Or1-Civ-R