IN RE: Metropolitan life Insurance Co./Liberty Life Insurance Co. Litigation

Case MDL No. 580 Document 2 Filed 06/01/15 Page 1gfigaL rANEL iN
HULTDISTRICT LITICATION
FILED
DOCKET NO. 580 FEB -8 1984
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICGT LITIBATECNA	D. liGWARD
CLERK OF THE PANEL
IN RE METROPOLITAN LIFE INSURANCE CO./LIBERTY LIFE INSURANCE CO.
LITIGATION
ORDER DENYING TRANSFER#
This litigation consists of the three actions listed on the
attached Schedule A and pending in three districts as follows: one
action each in the District of South Carolina, the Northern District
of Florida and the Western District of North Carolina. Presently
before the Panel 1s a motion, pursuant to 28 U.S.C. §1407, to
centralize the actions in this litigation in elther the Western
District of North Carolina or the District of South Carolina for
coordinated or consolidated pretrial proceedings. The motion is
submitted by Liberty Life Insurance Company, a defendant in each
action, and by four individuals who are the remaining defendants in
these actions. Metropolitan Life Insurance Company (Metropolitan),
the sole plaintiff in each action, opposes centralization.
On the basis of the papers filed and the hearing held, we find
that Section 1407 transfer would neither serve the convenience of the
parties and witnesses nor further the Just and efficlent conduct of
the litigation. Given the minimal number of actions before us,
movants have failed to persuade us that any common questions of fact
involved in these actions are sufficiently complex, and that any
. 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). Furthermore, we note that each
action involves the same plaintiff and the same principal defendant, a
factor that increases the opportunities for streamlining this
litigation, either by voluntary cooperation among the parties and
their counsel or by judicial intervention.
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 1s, DENIED.=
FOR THE PANEL:
( I. @. 4 ]Andrew A. Caffrey
Chairman
¥ Judges Milton Pollack and Louis H. Pollak recused themselves and
took no part in the decision of this matter. In addition, Judge Sam
C. Pointer, Jr. took no part in the decision of this matter.
1/ In addition, Metropolitan has moved the Panel to strike as
untimely movants' supplemental memorandum filed on January 20, 1984,
The motion 1s granted.

: . 580 Document 2 Filed 06/01/15 Page 2 of 2
: i Case MDL No SOgamEn2
MDL-580 -- In re Metropolitan Life Insurance Co./Liberty Life ®	Insurance Co. itigation . ;
District of South Carolina a	===" tL Ol oouthLarolina
Metropolitan Life Insurance Company v. Liberty Life Insurance
Company, et al., C.A. No. 83-2895-3
Northern District of Florida	—en?	MSL Ct of KFlorida
Metropolitan Life Insurance Company v. Harold M. Merchant,Jr., et al., C.A. No. PCA=B3-N20b=RV }
Western District of North Carolina	———-- Zo. cet ol North Carolina
Metropolitan Life Insurance Company v. Liberty Life Insurance