IN RE: Sivachenko/Magramm Property Transfer Litigation

~ Case MDL No. 599 Document2 Filed 06/01/15 Page 1 of2
JUmCIAL PARCL ON
HELTIRISTRICT LITIGATION
FILED
C AUS -3 1984
DOCKET NO. 599 PATRICIA	D. iio ti
* CLERK OF THE FAwCL
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
IN RE SIVACHENKO/MAGRAMM PROPERTY TRANSFER LITIGATION
i ORDER DENYING TRANSFER
This litigation consists of two actions pending in two
federal districts: one action in the Northern District of
California and one action in the Western District of Washington.
The defendant in both actions has moved the Panel, under 28
U.S.C. §1407, to transfer the Washington action to the Northern
District of California for coordinated or consolidated pretrial
proceedings with the action pending there. The sole plaintiff in
both actions submitted a copy of an order staying the Washington
action pending the outcome of the California action in lieu of
her opposition to the motion.
On the basis of the papers filed,’ we find that Section 1407
transfer would neither serve the convenience of the parties and
witnesses nor further the Just and efficient conduct of the
litigation. Given the minimal number of actions before us,
movant has failed to persuade us that any common questions of
fact 1nvolved 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 Whiske
Antitrust Litigation, 299 F. Supp. 543, 5408 (J.P.M.L. 1969).
We emphasize that 1) only two actions involving the same
plaintiff and defendant are pending in this docket; and 2) the
Washington action has been stayed pending the outcome of the
California action.
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. AY: Chairman
@- The parties waived oral argument and accordingly the questionof transfer under Section 1407 was submitted on the briefs. Rule
14, R.P.J.P.M.L., 89 F.R.D. 273, 283-84 (1981).

Case MDL No. 599 Document 2 Filed 06/01/15 Page 2 of 2
Schedule A CMDL-599 -- In re Sivachenko/Magramm Property Transfer Litigation
Northern District of California - h
Natalie Sivachenko v. Victor Magramm, etc., C.A. No. C84-1087 MHP
- . Western District of Washington
‘Natalie Sivachenko v. Victor Magramm, etec., C.A. No. C84-435
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