1:79-F-00407•IN RE: Air Crash Disaster Near Van Cleve, Mississippi, on August 13, 1977
IN RE: Air Crash Disaster Near Van Cleve, Mississippi, on August 13, 1977
1:79-F-00407Jpml20 mai 2015
Texte intégral
TTSTTI TI TTT Te TTT mmm lem mim } Case MDL No.-407 Document 2 Filed 05/20/15 Page 1 of 7 | | FOCAL PANEL ON Ia/p Tae MULTIBISTRICT LITIGATION 04% EERE FILED | ee BEFORE THE JUDICIAL PANEL : Ca : Co Co ON MAR 12 1330 oo MULTIDISTRICT LITIGATION vg E | PATRICIA D. HOV EA Co Po . Shon . 1 X IN RE AIR CRASH NEAR VAN CLEVE, ) DOCKET SERK®F THE PAREL | | MISSISSIPPI, ON AUGUST 13, 1977 ) : OPINION AND ORDER BEFORE ANDREW A. CAFFREY, ACTING CHAIRMAN, ROY W. HARPER, ) Ce n CHARLES R. WEINER, EDWARD S. NORTHROP, AND ROBERT H. SCHNACKE, JUDGES OF THE PANEL. : PER CURIAM This litigation consists of nine actions, pending - in a total of four federal districts: three in the Southern Lo oo . District of Mississippi, and two each in the Northern District SE Co of Oklahoma, the Southern District of Alabama and the Northern Co Sn District of Texas. oo On August 13, 1977, a Beech Queenair aircraft was i : on a flight from Biloxi, Mississippi, to a destination : in Alabama. On board the aircraft were a pilot, a co-pilot EE and a single passenger. During the course of the flight, - the left engine of the aircraft allegedly failed, causing an in-flight fire to occur in and around the engine. This : So } fire allegedly caused the left wing of the aircraft to fall off, and the aircraft crashed near Van Cleve, Mississippi. Each of the occupants of the aircraft died as a result of this disaster. Plaintiffs in each of the actions before the Panel . are the personal representatives or relatives of the three ; decedents. Relatives of the passenger and the personal FPI—MAR—3.27.79-6M-1781
© Case MDLN0.407 Document? Filed 05/20/15 Page 2 of 7 —-2- . Co representative and/or relatives of the co-pilot have each EE commenced an action in each of the districts in which the N actions before the Panel are pending; the ninth action | : was commenced by a personal representative of the pilot. Beech Aircraft Corporation (Beech), the manufacturer of | the aircraft, is a defendant in most of the actions before - : the Panel. Other parties named as defendants in one or more of these actions include numerous companies that parti- cipated in a major overhaul of the left engine of the aircraft, which was performed in April, 1976 in Tulsa, Oklahoma; oo the corporation that manufactured the aircraft's left engine; > Co and the individual who owned the aircraft at the time of BE the crash. Plaintiffs seek to recover against these defendants | on theories of, inter alia, strict liability and negligence. | Each of the actions before the Panel was filed in 3 1979 and minimal or no discovery has yet been accomplished in the actions. Because these actions appeared to share questions : of fact, the Panel, pursuant to 28 U.S.C. §1407, originally issued orders to show cause why the actions should not . be transferred to a single district for coordinated or | consolidated pretrial proceedings. See Rule 8(a), R.P.J.P.M.L. 78 F.R.D. 561, 566-67 (1978). Subsequently, an | individual who is either a plaintiff or a co-plaintiff in an action pending in each of the four districts involved in this litigation moved the Panel to centralize all actions FPI-MAR——3.27.79.6M.17 81 ’
Case MDL No. 407 Document2 Filed 05/20/15 Page 3 of 7 -3= @® 2 in the Southern District of Mississippi. Two defendants 3 oppose transfer; alternatively, these defendants urge centrali- 4 zation in, respectively, the Northern District of Oklahoma 5 or the Northern District of Texas.+/ All other responding parties favor centralization, and support either the Northern © District of Oklahoma or the Southern District of Mississippi 7 as the transferee district. 8 We find that these actions involve common questions 9 of fact and that transfer of the actions pending in districts 10 other than the Northern District of Oklahoma to that district 11 for coordinated or consolidated pretrial proceedings under 12 Section 1407 with the actions pending there will serve ® the convenience of the parties and witnesses and promote+ the just and efficient conduct of the litigation. 14 The opponents of transfer concede that these actions 15 share questions of fact concerning the cause or causes 16 of the crash. The thrust of opponents' argument is that 17 although nine actions are before the Panel, these actions 18 were commenced by only three sets of plaintiffs, and that 19 voluntary cooperation among the parties and courts involved 20 in this litigation is a viable and preferable alternative to Section 1407 transfer. 21 We do not find this argument persuasive. While voluntary 22 coordination of pretrial efforts is always commendable, 23 transfer of these actions to a single district under Section @ 24 1407 will ensure the streamlining of discovery and all 25 —_— 1l/ This defendant has not offered any arguments in support of centralization in the Northern District of Texas.
Case MDL No. 407 Document 2 Filed 05/20/15 Page 4 of 7 -4- 1 2 other pretrial proceedings. See In re Gas Meter Antitrust 3 Litigation, 464 F.Supp. 391, 393 (J.P.M.L. 1979). The 4 transferee judge, of course, will have the flexibility 5 and overall perspective of this litigation to design a 6 pretrial program that will accommodate the needs of each party for any unique discovery or judicial attention con- 7 currently with the common pretrial matters and, as a result, 8 the litigation will harmoniously proceed for the benefit 9 of the parties, their witnesses and the judiciary. And 10 the transferee judge has power to provide that no party 11 need participate in pretrial proceedings unrelated to that 12 party's interests. See, e.g., Manual for Complex Litigation, 13 Parts I and II, §§2.31 (rev. ed. 1977). The proponents of centralization in the Southern District 14 of Mississippi argue as follows: (1) the crash occurred 15 there, and the Panel has often followed a "situs of the 16 crash" rule in selecting the transferee district in air 17 disaster litigation; (2) many of the factors cited by the 18 Panel in support of the "situs of the crash" rule -- including 19 the facts that all the witnesses to the crash, the rescue 20 efforts and the weather conditions reside in the Southern District of Mississippi, as do all airport personnel who 24 may have had contact with the aircraft prior to the crash -- 22 are present in this litigation; and (3) the Southern ] 23 District of Mississippi is the only forum in which actions 24 have been filed by representatives and/or relatives of 25 each of the decedents. FPI—MAR——3.27.79.64.1781
Case MDL No. 407 Document2 Filed 05/20/15 Page 5 of 7 . -5— 1 @ 5 While it is true that we have often applied a situs of the crash rule in air disaster litigation, under the > circumstances of the present litigation we are persuaded 4 that centralization in the Northern District of Oklahoma 5 will result in the most expeditious resolution of these 6 actions. The record before us makes it clear that discovery 7 and other pretrial proceedings concerning liability issues 8 in this litigation will in all likelihood focus on at least 9 six different geographic areas: Mississippi (the situs of the crash); Texas (where two companies which participated +o in the engine's major overhaul maintain their headquarters 11 and where, therefore, some witnesses and potentially relevant 12 documents are located); Wichita, Kansas (the location of @ 13 Beech's headquarters, and therefore the location of numerous 14 witnesses and potentially relevant documents); Williamsport, 15 Pennsylvania (the location of the engine manufacturer's 16 headquarters, and the place where the "teardown inspection" 19 of the allegedly defective engine occurred); Tulsa, Oklahoma (where, as previously noted, the major overhaul of the 18 engine was accomplished); and Oklahoma City, Oklahoma (where 19 the Federal Aviation Administration records on the aircraft 20 in question, including the records of major repairs and 21 alterations, allegedly are located). Given these foci 22 for pretrial proceedings on the liability issues, we are 23 persuaded that the Northern District of Oklahoma would 04 be a more centrally located and easily accessible transferee @ forum than the Southern District of Mississippi. 25 FPI=MAR=—3.27.79.6M.1781
Case MDL No. 407 Docyment 2 Filed 05/20/15 Page 6 of 7 . . 2 IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. | 3 §1407, the actions listed on the following Schedule A and 4 pending in districts other than the Northern District of 5 Oklahoma be, and the same hereby are, transferred to the Northern District of Oklahoma and, with the consent of ° that court, assigned to the Honorable H. Dale Cook for 7 coordinated or consolidated pretrial proceedings with the 8 actions already pending there and listed on Schedule A. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 | 23 : 24 25 ® FPI—MAR—3.27.78-6M.1781
Case MDL No. 407 Document2 Filed 05/20/15 Page 7 of 7 i 1 DOCKET NO. 407 CY Schedule A2 SOUTHERN DISTRICT OF ALABAMA Civil Action No. 3 Audrey E. Crawford, et al. v. 79-0456-P 4 Beech Aircraft Corporation H. P. Lucas v. Beech Aircrat 79-0455-P 5 Corporation 6 SOUTHERN DISTRICT OF MISSISSIPPI v H. P. Lucas v. Beech Aircraft H79-0069(N) Corporation, et al. 8 Joseph White, et al. v. Beech 79-0295 (R) Aircraft Corporation 9 Nancy Catherine Davis, etc. v. : H79-0164(C) 10 Beech Aircrat Corporation, et al. 11 NORTHERN DISTRICT OF OKLAHOMA Audrey E. Crawford, et al., etc. wv. 79-C-506-D 12 Miller Aviation Enterprises, Inc., et al. J 13 H. P. Lucas, et al. v. Miller 79-C-486-C Aviation Enterprises, Inc., et al. 14 NORTHERN DISTRICT OF TEXAS 15 H. P. Lucas, et al., etc. v. Beech CA3-79-0977-K Aircraft Corporation 16 Audrey E. Crawford, et al. v. Beech CA3-79-1022-G 17 Aircraft Corporation, et al. 18 19 20 21 22 23 ® : 25 FPI—MAR—3.27-79-6M-1781
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