IN RE: Litigation Involving California Deptartment of Corrections

- Case MDL No. 612 Document2 Filed 06/01/15 Page	1 of 2 SR
FDLIAL PANEL GH
BUETRNSTRICT LITICATION
FILED
C SEP 25 198%DOCK . : “PVE Cra
OCKET NO. 612 PATRICIA D. HOS	iL
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT Lirica ibHRR OF THE PANE!
IN RE LITIGATION INVOLVING CALIFORNIA DEPARTMENT OF CORRECTIONS-
ORDER DENYING TRANSFER
) This litigation consists of two actions, one each pending in the
Eastern District of California and the Northern District of
California. Plaintiff in the Eastern District of California action
has moved the Panel for an order, pursuant to 28 U.S.C. §1407,
transferring that action to the Northern District of California for
coordinated or consolidated pretrial proceedings with the action
pending there. Plaintiffs in the Northern District of California
action and Daniel J. McCarthy, a defendant in both actions, oppose
transfer.
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 litiga-
tion. Although we recognize that actions in this litigation may
involve some common questions of fact, we are not persuaded that any
© such common’ questions of fact will predominate over individual ques-
tions of fact present in each action. Moreover, we note that the
Northern District of California action has been pending for more than
eleven years and 1s approaching conclusion.
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. /Chairman
17 The parties waived oral argument and accordingly the question of
transfer of these actions 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. 612 Document2 Filed 06/01/15 Page	2 of 2
SCHEDULE A C
MDL-612 -- IN RE LITIGATION INVOLVING CALIFORNIA DEPARTMENT OF
CORRECTIONS ]
EASTERN DISTRICT OF CALIFORNIA
~ Howard R. Herships v. Daniel J. McCarthy, etc., C.A. No. C84-S-175-MLS
NORTHERN DISTRICT OF CALIFORNIA
Joseph Toussaint, et al. v. Daniel J. M¢Carthy, etc., C.A. No.
C73-1422-SAW