IN RE: Ina State Bank Litigation

= ” Case MDL No. 586 Document 2 Filed 06/01/15 Page 1 of 2
CERT ANTE
CSTE es
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C APR 12 1984	DOCKET NO. 586 -
PATRICIA	D. 56%: 400
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIcREGDN OF (HE Pane
IN RE INA STATE BANK LITIGATION
ORDER DENYING TRANSFER
This litigation consists of one action pending in the Eastern
District of Missouri and one action pending in the Southern District
of Illinois. Presently before the Panel is a motion by a defendant in
both actions to transfer, pursuant to 28 U.S.C. §1407, the Missouri
action to the Southern District of Illinois for coordinated or
consolidated pretrial proceedings with the action pending there.
Plaintiffs in both the Missouri and Illinois actlons oppose transfer.
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 the witnesses nor further the Just and efficient conduct
of the litigation. Although we recognize that the actions 1n this
litigation may involve some common questions of fact, given the
minimal number of actions before us, we are not persuaded that these
~ factual questions are so complex, or the accompanying discovery so
© time-consuming, to warrant transfer. See In re Scotch Whiske
Antitrust Litigation, 299 F. Supp. 543, 54% (J.P.M.L. 1969).
Furthermore, we point out that suitable alternatives to transfer exist
= in order to minimize the possibility of duplicative discovery and/or
conflicting pretrial rulings. See, e.g., In re E11 Lilly and Compan
(Cephalexin Monohydrate) Patent Litigation, L446 F. Supp. 242, 240
(J.P.M.L. 1978).
IT IS THEREFORE ORDERED that the motion pursuant to 28 U.S.C.
§1407 to centralize the actions listed on the attached Schedule A be,
and the same hereby is, DENIED.
FOR THE PANEL:
Andrew A. Caffrey ; /Chalrman

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Case MDL No. 586 Document 2 Filed 06/01/15 Page 2 of 2 :
SCHEDULE A C
MDL-586 -- In re Ina State Bank Litigation
Eastern District of Missouri
C. Louise Stewart, et al. v. Thomas E. Fry, Jr., et al.,
C.K. No. 83-08b63C(3)
Southern District of Illinois
Federal Deposit Insurance Corp. v. Schott & Co., Inc., etc.,
C.A. No. 83-4088