IN RE: Air Crash Disaster at Washington, DC, on January 13, 1982

1:82-F-00499JpmlMay 19, 2015

Full text

il Case MDL No. 499 Document 2 Filed 05/19/15 Page 1 of 2
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DOCKET NO. 499 EE
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION HR 15 [937 - oo
* IN RE AIR CRASH DISASTER AT WASHINGTON, D.C. ON JANUARY 13, 14821, 7/1 +" 3 To
CLERK cord 354!BEFORE ANDREW A. CAFFREY, CHAIRMAN, ROY W. HARPER,* CHARLES R. WEINER, EDWARD S. - 2
NORTHROP, ROBERT H. SCHNACKE, FRED DAUGHERTY, AND SAM C. POINTER, JR.,* JUDGES OF Io
THE PANEL ] :
TRANSFER ORDER , REESE
PER CURIAM : - en
Presently before the Panel is a motion, pursuant to 28 U.S.C. §1407, to .
transfer the action listed on the attached Schedule A ard pending in the Northern
District of Texas to the District of the District of Columbia for coordinated or
consolidated pretrial proceedings with the action pending there. The motion is
brought by Air Florida, Inc., the defendant in both actions.
All responding parties agree on the desirability of or do not oppose | y |
transfer. The only dispute concerns the selection of the transferee district. EE So
Air Florida and certain responding plaintiffs favor centralization in the District Cn
of the District of Columbia; defendants in certain ggtions not on the motion urge : :centralization in the Easterm District of Virginia.=
On the basis of the papers filed ard the heesring held, the Panel finds that oe
these actions involve camon questions of fact ard that centralization of these Co
actions under Section 1407 in the District of the District of Columbia will best Rn
serve the convenience of the parties and witnesses and promote the just and
efficient conduct of the litigation. The actions share rumerous factual questions :
concerning the cause or causes of an airplane crash in Washington, D.C. Centrali- ;
zation under Section 1407 is therefore necessary in order to prevent duplication oo
of discovery, avoid inconsistent pretrial rulings, and conserve the resources of oo Co
the parties, their counsel, and the judiciary. . co
The District of the District of Columbia is the most preferable transferee - oo
district. Washington, D.C. is the situs of the crash ard federal investigations ETE STE
into the disaster have taken and will continue to take place there. Thus many key 3 . oe
witnesses and relevant documents are likely to be found in the District of the
District of Columbia.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the action listed
on the attached Schedule A and pending in the Northern District of Texas be, and
the same hereby is, transferred to the District of the District of Columbia and,
with the consent of that court, assigned to the Honorable Joyce Hens Green for RO
coordinated or consolidated pretrial proceedings with the action pending in that SE
district ard listed on Schedule A. ;
* Judges Roy W. Harper and Sam C. Pointer, Jr. took no part in the decision of
this matter. :
1/ Since the motion for transfer was filed with the Panel, several related
actions were camenced. These actions will be treated as potential tag-along
actions in accordance with Rules 9 and 10, R.P.J.P.M.L., 89 F.R.D. 273, 278-80
(1981). :
Co. Case MDL No. 499 Document 2 Filed 05/19/15 Page 2 of 2
® SCHEDULE A
DOCKET NO. 499
Katherine W. Erickson v. Air Florida, Inc., D. District of Columbia,
C.A. No. 82-0144
Carolyn Zondler, et al. v. Air Florida, Inc., N.D. Texas, C.A. No.
) CA3-82-0108D

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