1:73-F-00140•IN RE: Clark Oil and Refining Corporation Antitrust Litigation
IN RE: Clark Oil and Refining Corporation Antitrust Litigation
1:73-F-00140Jpml1 mai 2015
Texte intégral
Case MDL No. 140 Document 2 Filed 05/01/15 Page 1 of 4 IDInI) PANEL ON BEFORE THE JUDICIAL pal TCE ELTOATN ® MULTIDISTRICT LITIGATION <rp (g 1373 Tenia DL HTYARD re Con lifLITIGATION ET DOCRET "NE 140 OPINION AND ORDER BEFORE ALFRED P. MURRAH*, CHAIRMAN, AND JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER¥, JOSEPH $. LORD, III, AND STANLEY A. WEIGEL, JUDGES OF THE PANEL PER CURIAM This litigation consists of two treble damage antitrust class actions against Clark 0il and Refining Company in two dis- tricts: the Eastern District of Wisconsin and the Northern Dis- trict of Illinois. Plaintiffs in both actions allege that defend- ® ant Clark Oil has violated the federal antitrust laws by fixing retail prices charged by its dealers and by requiring them to sell only products approved by defendant. In addition, it is alleged that Clark 0il uses short-term leases in order to police its dealers. Plaintiffs in each action purport to represent a class consisting of approximately 1,800 Clark service station operators. Plaintiffs in the Illinois action move the Panel for an order transferring the Wisconsin action to the Northern District of Illinois for coozdinated or consolidated pretrial proceedings pursuant to 28 U.S.C. §1407. Plaintiff in the Wis- * Although Judges Murrah and Becker were not present at the hearing, they have, with the consent of all parties, participated in this decision. J
Case MDL No. 140 Document 2 Filed 05/01/15 Page 2 of 4 -2 - ® consin action opposes transfer and in the alternative favors the Eastern District of Wisconsin as the transferee forum; defend- ant favors transfer. We find that these actions involve common questions of fact and that transfer of the Illinois action to the Eastern District of Wisconsin will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Wisconsin plaintiff suggests that these two actions come within the rationale of our decision in In re Scotch Whiskey Antitrust Litigation, 299 F.Supp. 543 (J.P.M.L. 1969), denying transfer of two treble damage actions because of the minimal number of cases and relative simplicity of the common factual ® questions. We believe that the greater complexity of factual issues presented here and the presence of competing requests for class designation distinguish this litigation from the Scotch Whiskey cases and make transfer necessary in order to avoid duplication of discovery and eliminate the possibility of conflict- ingpretrial rulings. In re Nissan Motor Corporation Antitrust Litigation, ___ F. Supp.___ (J.P.M.L., filed January 5, 1973). Because the federal courts wherein these actions are pending are in proximity to each other, the selection of either court as the transferee forum for this litigation will not sub- stantially inconvenience any of the parties. Ye are persuaded, however, that the Eastern District of Wisconsin is the preferable transferee district since defendant's home office is in that ® district and many of the anticipated witnesses and relevant
Case MDL No. 140 Document 2 Filed 05/01/15 Page 3 of 4 -3 =~ ® documents are located there. IT IS THEREFORE ORDERED that the action listed on the attached Schedule A pending in the Northern District of Illinois be, and the same hereby is, transferred to the Eastern District of Wisconsin and, with the consent of that court, assigned to the Honorable John W. Reynolds for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. §1407 with the action already pending there and listed on Schedule A. ® J
Case MDL No. 140 Document 2 Filed 05/01/15 Page 4 of 4 DOCKET NO. 140 ; SCHEDULE A. NORTHERN DISTRICT OF ILLINOIS Treamon Ray Ashcraft, et al. v. Civil Action Clark 0il Refining Corp. No. 73C 566 EASTERN DISTRICT OF WISCONSIN Myles Jackson v. Clark 0il & Civil Action Refining Corp. No. 73C 74
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