IN RE: Marine Resources II Securities Litigation

: LE Case MDL No. 609 Document2° Filed 06/01/15 Page 1 of 2
: . nl a. JUDICIAL PANEL ON
: : HULTIDISTRICT LITIGATION
FILED
DOCKET NO. 609
| C OCT -2 1984BEFORE THE JUDICIAL ON MULTIDISTRICT LITIGATIO! . .
PANEL PATRICIA D. HOY Ail
IN RE MARINE RESOURCES II SECURITIES LITIGATION CLERK OF THE PANEL
: TRANSFER ORDER*
This litigation consists of three actions, one each pending in the Southern District
of New York, the Southern District of Texas and the Eastern District of Wisconsin.
-Shearson Lehman/American Express Inc. (Shearson), a defendant in all three actions, moves
the Panel for an order under 28 U.S.C. §1407 centralizing the actions in the Southern
District of New York. Plaintiff in the New York action and eight defendants concur with
the Section 1407 motion. Plaintiffs in the Texas action oppose transfer; in the alterna-
tive they favor transfer to the Southern District of Texas.
On the basis of the papers riled,t/ the Panel finds that these actions involve common
questions of fact and that centralization under 28 U.S.C. §1407 will best serve the con-
venience of the parties and witnesses and promote the just and efficient conduct of the
litigation. These actions share numerous factual questions relating to the promotion and
sale of interests in Marine Resources II (MR II), a tax-sheltered limited partnership
formed to acquire and operate six 1,300 ton deep sea tuna fishing vessels. Centralization
under Section 1407 is thus necessary in order to eliminate duplicative discovery, prevent
inconsistent pretrial rulings, and conserve the resources of the parties, their counsel,
and the Judiciary.
ag :
: We are persuaded that the Southern District of New York is the appropriate transferee
: for this litigation. We note that 1) Shearson, the only party named as a defendant
ES all three actions, has its principal place of business in New York City and prepared
the MR II private placement memorandum ‘there; 2) most of Shearson's relevant witnesses and
documents are located in New York City; 3) several other defendants reside in the Southern
District of New York; and	4) many of MR II's files are located in the Southern District of
New York.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the actions listed on the
following Schedule A and pending in districts other than the Southern District of New York
| be, and the same hereby are, transferred to the Southern District of New York and, with
the consent of that court, assigned to the Honorable Gerard L. Goettel for coordinated or
: consolidated pretrial proceedings with the action pending in that district and listed on
Schedule A.
FOR THE PANEL:
Andrew A. of, /Chairman
* Judge Milton Pollack took no part in the decision of this matter.
C The parties waived oral argument and accordingly the question of transfer of theseactions 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. 609 Document 2 Filed 06/01/15 Page 2 of 2
H 1 °
- SCHEDULE A C
MDL-609 -- IN RE MARINE RESOURCES II SECURITIES LITIGATION
N Southern District of Texas
Fred Rosen, et al. v. Shearson/American Express, Inc., et al.
C A. No. H- 3- 17 }
’ Eastern District of Wisconsin
Thomas Roskos v. Shearson/American Express, Inc.,
C +A. No. -C-
Southern District of New York
Boca Associates, etc. v. Shearson/American Express, Inc., et al.,
C JA. No. -Civ- G .