IN RE: Spanish International Communications Corporation Antitrust Litigation

: Case MDL No. 596 Document 2 Filed 06/01/15 Page 1 of 2
SITEETNCT UTIs ATION
DOCKET NO. 596 RH felt a
C BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION KIS IL 1984
IN RE SPANISH INTERNATIONAL COMMUNICATIONS CORPORATION ANTITRUST LITIGATER: i: 0, ko
to OF THE FALELFER ORDER CLERH © T (Na
This litigation presently consists of nine actions pending in eight districts as
follows: two actions in the Northern District of Texas and one action each in the
District of Arizona, the Central District of California, the Eastern District of
California, the Northern District of California, the Southern District of Florida, the
District of Oregon and the Western District of Texas. Before the Panel is a motion by
the four plaintiffs in all actions to centralize, pursuant to 28 U.S.C. §1407, the
actions in this litigation in the Northern District of Texas for coordinated or con-
solidated pretrial proceedings.~’ Defendants in two actions oppose transfer; several
defendants favor centralization in the Central District of California.
On the basis of the papers filed and the hearing held, the Panel finds that transfer
at this time of seven of the nine actions to the Northern District of Texas will best
serve the convenience of the parties and witnesses and promote the Just and efficient
conduct of the litigation. All the actions in this docket involve allegations that
defendants conspired in violation of federal antitrust laws to eliminate plaintiffs as
competitors for Spanish language radio and television advertising billings and market
share, and to monopolize those product markets. Centralization of the seven actions
listed on the attached Schedule A under Section 1407 is therefore necessary in order to
avoid duplication of discovery, prevent inconsistent pretrial rulings, and conserve the
resources of the parties, their counsel and the Judiciary. In the remaining two actions
(Spanish International Communications Corp., et al. v. Matthew L. Leibowitz, S. D.
Florida, C.A. No. B4-0677-CIV-SMA, and Spanish International Communications Corp., et
al. v.David Jack, et al., D. Oregon, C.A. No. GV-84-2 , a motion to dismiss for
‘ failure to state a claim and a motion for summary judgment, respectively, are presently
pending. Our decisions regarding transfer of these two actions under Section 1407 are
deferred until those pending motions have been resolved.
We are persuaded that the Northern District of Texas is the appropriate transferee
forum for this litigation. We note that 1) the alleged conspiracy arose in Texas and
important witnesses and documents are located there, and 2) the first-filed and most
advanced action is pending in the Northern District of Texas.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the actions listed on the
attached Schedule A and pending in districts other than the Northern District of Texas be,
and the same hereby are, transferred to the Northern District of Texas and, with the consen:
of that court, assigned to the Honorable David O. Belew, Jr. for coordinated or consolidate
pretrial proceedings with the actions pending in that district and listed on Schedule A.
FOR THE PANEL:
Andrew A. Caffrey
Chalrman
Cy The motion for Section 1407 transfer in this docket included four actions, one eachpending in the Eastern District of Californa, the Central District of California, the
Northern District of Illinois and the Southern District of New York, that have subse-
. quently been dismissed. Accordingly, consideration of transfer with respect to thoseactions is moot.

. Case MDL No. 596 Document 2 Filed 06/01/15 Page 2 of 2
. SCHEDULE A
MDL~-596 -- In re Spanish International Communications Corporation Antitrust pugs)
District of Arizona
Spanish International Communications Corp., et al. v. Mauricio Mendez, C.A. No.
B4-L2L-PHX—CAM
Central District of California
Spanish International Communications Corp., et al. v. Fernando Oaxaca, C.A. No.
CVBL-17L8-RMT
Eastern District of California
Spanish International Communications Corp., et al. v. Ed Hopple, et. al., C.A. No.
CV-F-8LI-137-EDP
Northern District of California
Spanish International Communications Corp., et al. v. Rene Delaroas, et al., C.A. No.
CBL-1198-RPA
Northern District of Texas
Spanish International Communications Corp., et al. v. Spanish Radio Broadcasters of
America, Inc., et al., C.A. No. 3-83-1262D C5 Spanish International Communications Corp., et al. v. Marcos Rodriguez, et al., C.A.
No. - - -K
Western District of Texas
Spanish International Communications Corp., et al. v. John Frankhouser, et al., C.A.
No. CA3-84-0618-H