IN RE: Markeel Leasing Corporation LItigation

. Case MDL No.582 Document2 Filed 06/01/15 Page 1 of3
‘ JUDICIAL PANEL GH
KELTIISTRICT LITIGATION
® DOCKET NO. 582 Fie
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT rrrrearityd 1984
TRICIA D. HOW LARD
) IN RE MARKEEL LEASING CORPORATION LITIGATION ATR! % 5.5 PANEL
. TRANSFER ORDER#
This litigation presently consists of two actions: one action in
the Eastern District of New York and one action in the Northern
District of Illinois. Now before the Panel is a motion by Markeel
Leasing Corporation (Markeel), plaintiff in the New York action and a
defendant in the Illinois action, to transfer, pursuant to 28 U.S.C.
§1407, the Illinois action to the Eastern District of New York for
coordinated or consolidated pretrial proceedings with the action
pending there. Aetna Insurance Company (Aetna), plaintiff in the
Illinois action, and R.C. Service, Inc. (R.C. Service), defendant
in the New York action, oppose transfer. New York, New Jersey,
Connecticut Freight and Messenger Corporation (NYCONN), a defendant
in the Illinois action and counter-defendant in the New York action,
does not oppose transfer.
On the basis of the papers filed,L/ the Panel finds that the
actlons in this litigation involve common questions of fact and that
centralization under Section 1407 in the Eastern District of New York
will best serve the convenience of the parties and witnesses and pro-
mote the just and efficient conduct of this litigation. The actions
before the Panel both involve the issue of liability for losses
arising from the hijacking of a leased truck loaded with merchandise.
Transfer under Section 1407 1s desirable in order to avoid duplicative
discovery, prevent inconsistent pretrial rulings, and conserve the
resources of the parties, their counsel and the judiciary.
We select the Eastern District of New York as the transferee forum
principally because the New York action is more advanced. We note
that Markeel and NYCONN, as well as the shipper of the lost mer-
chandise, have thelr principal places of business in the New York
metropolitan area, and that Aetna's principal place of business is
in nearby Connecticut.
* Judge Sam C. Pointer, Jr. took no part in the decision of this
matter.
1/ The parties waived oral argument and accordingly the question of
transfer under Section 1407 was submitted on the briefs. Rule 14,
R.P.J.P.M.L., 89 F.R.D. 283-84 (1981).

CT "Case MDL No. 582 Document2 Filed 06/01/15 Page	2 of 3
= ®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 Illinois be, and the same hereby 1s, transferred to the .
Eastern District of New York and, with the consent of that court,
assigned to the Honorable Jack B. Weinstein for coordinated or
consolidated pretrial proceedings with the action pending in that
district and listed on Schedule A.
FOR THE PANEL:
Andrew A. avy,- Chairman

remem ene nna B80. MDL NOQ.-582- Document 2 --Filed 06/01/15. Page 3 of3
. ax
. SCHEDULE A
® MDL-582 -- In re Markeel Leasing Corporation Litigation
. EASTERN DISTRICT OF NEW YORK
Markeel Leasing Corp. Vv. R.C. Service, Inc., C.A. No. 81-3024
NORTHERN DISTRICT OF ILLINOIS oC
Aetna Insurance Co., etc. v. Markeel Leasing Corp., et al.,
C.A. No, 83-C-5693