IN RE: Dayco Corporation Foreign Sales Orders Litigation

1:82-F-00529JpmlJun 1, 2015

Full text

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Case MDL No. 529 Document 2 Filed 06/01/15 Page 1 of 2 ;
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DOCKET NO. 529 ie “300 :
, BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Po
IN RE DAYCO CORPORATION FOREIGN SALES ORDERS LITIGATION
ORDER DENYING TRANSFER%* . Co
This litigation consists of six actions pending in : BE
two districts as follows: four actions in the Southern :
District of Ohio and two actions in the Southern District cL } .
of New York. Presently before the Panel isa motion, pursuant
to 28 U.S.C. §1407, to centralize the litigation in the
Southern District of New York. The motion is brought by
plaintiff Richard Purcell, and is not supported by any other
party. Fe
On the basis of the papers filed and the hearing held, [ER
movant has not persuaded us, in the face of no support from :
responding parties, that Section 1407 transfer would serve a
the convenience of the parties and witnesses and further } :
the just and efficient conduct of the litigation. Moreover,
we note that various parties in this docket have represented
that alternatives to Section 1407 transfer, such as arrangements
for counsel in the Ohio actions to attend all New York
depositions, have already been utilized. Whatever need
that might have existed for centralization under Section
1407 is thus diminished.
IT IS THEREFORE ORDERED that the motion for transfer
pursuant to 28 U.S.C. §1407 be, and the same hereby is,
DENIED.
FOR THE PANEL: oo
4 \ _~ 7 |
ft CL. “ip	Andrew A. Caffrey
Chairman
* Judge Edward S. Northrop took no part in the decision :
of this matter.
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= : Case MDL No. 529 Document 2 Filed 06/01/15 Page 2 of 2
SCHEDULE A
MDL-529 -- In re Dayco Corporation Foreign Sales Orders Litigation
Southern District of Ohio
Robert Heist v. Richard J. Jacob, et al.,
C.A. No. C-3-82-184
Allen Efros, etc. v. Richard J. Jacob, et al.,
C.A. No. C-3-82-254
S.C. Blumberg v. Richard J. Jacob, et al.,
C.A. No. C-3-82-329
Richard F. Purcell v. Richard J. Jacob, et al.,
C.A. No. C-3-82-405
Southern District of New York
Dayco Corp. v. Foreign Transactions Corp., et al.,
C.A. No. 82 Civ 3354
Richard F. Purcell v. Foreign Transactions Corp., et al.,
C.A. No. 82 Civ 4817
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