1:83-F-00553•IN RE: Bally Midway Video Game Copyright, Trademark and Antitrust Litigation
IN RE: Bally Midway Video Game Copyright, Trademark and Antitrust Litigation
1:83-F-00553JpmlJun 2, 2015
Full text
¢ | Case MDL No. 553 Document 2 Filed 06/02/15 Page 1 of 2 h JTL DA OK MULT Tn oaToy i = or J Qo | CAUG-2 13DOCKET NO. 553 FATLL 3BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ~~ SA IN RE BALLY MIDWAY VIDEO GAME COPYRIGHT, TRADEMARK AND ANTITRUST LITIGATION ~ ORDER DENYING TRANSFER This litigation consists of eleven actions pending in six districts as follows: four actions in the Central District of California, three actions in the Eastern District of New York, and one action each in the District of Rhode Island, the District of Hawaii, the District of Nebraska and the District of Massachusetts. Presently before the Panel is a motion, pursuant to 28 U.S.C. §1407, to centralize the actions in this litigation in the Central District of California for coordinated or consolidated pretrial proceedings. Movants are four corporations and one individual that are defendants in one New York action; one movant is also named as a defendant, under a different trade name, in another New York action. Bally Midway Mfg. Co., the plaintiff in all actions, opposes the motion. Te On the basis of the papers filed and the hearing held, we find that Section 1407 transfer would neither serve the C convenience of the parties and witnesses nor further the just and efficient conduct of the litigation. Although we recognize that the actions in this litigation may involve some common questions of fact, we are not persuaded that any such common questions of fact will predominate over individual questions of fact present in each action. Furthermore, we note that pretrial proceedings : in several actions are well advanced and that the claims agalnst numerous defendants have been settled. IT IS THEREFORE ORDERED that the motion pursuant to 28 U.S.C. §1407 to transfer the actions listed on the attached Schedule A be, and the same hereby is, DENIED. FOR THE PANEL: } Andrew A. Caffrey : Chairman
Case MDL No. 553 [shedud® Ariled 06/02/15 Page 2 of 2 tt MDL-S53 —- In re Bally Midway Video Game Co ri ht, Trademark and Antitrust Litigation uo Eastern District of New York o Bally Midway Mfg. Co. v. Howard Leeds, etc., et .al., C.A. No. B3-0436 Bally Midway Mfg. Co. v. 1221 Utica Mfg. Corp., etc., et al., - C.A. No. 82-2490 ] . | Bally Midway "Mfg. Co. v. American Postage Machine, Inc.,et al., C.A. No. 82-2700 - District of Rhode Island Midway Mfg. Co. v. Omni Video Games, Inc., et al., C.A. No. B81-0252-S | District of Hawaii Bally Midway Mfg. Co., etc. v. Aloha Properties, Inc., et al., . C.A. No. 82-0321 District of Nebraska : co ) Midway Mfg. Co., etc. v. Dale Drikschneider, et al., C.A. No. 81-0243 : District of Massachusetts C Midway Mfg. Co., etc. v. 1001 Plays, Inc., etc., et al., C.A. No. 81-1486 Central District of California Midway Mfg. Co. v. United California Enterprises, etc., et al., C.A. No. 82-0320 (J, Hatter) Bally Midway Mfg. Co., etc. v. Billy D. Kegley, etc., et al., C.A. No. CV82-3034-TJH(JRx Midway Mfg. Co., etc. v. Cynthia Jackson, et al., ’ C.A. No. CV82-1200-TJH(JRX) ) Bally Midway v. All Different Amusement Machines (d/b/a Adam, Inc.), et al., C.A. No. CVB2-5591-TJH(JRxX)
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.