IN RE: Firestone Tire and Rubber Company Steel Belted Radial Tire Products Liability and Securities Litigation

Case MDL No. 431 Document 2 Filed 05/18/15 page lof2	Co ; Coens NEL Ob }
SA UDICIAL PANEL Viz SL
: TISTRICT LITIGATION PonFUL ITUL "FILED J ve Co oo
DOCKET NO. 431 7 I .poplin, 560 oy	BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION i , a : :
IN RE FIRESTONE TIRE AND RUBBER COMPANY STEEL sefbdi Rpoae patel H ERA EE	TIRE PRODUCTS LIABILITY AND SECURITIES LITIGATIO ne
ORDER DENYING TRANSFER .
Presently before the Panel is a motion, pursuant to -
28 U.S.C. §1407, brought by plaintiff in one of the three RESET
actions pending in the Northern District of Ohio and listed EE TEESE	SR
on the attached ScheduleA for transfer of the Ohio actions EE
to the Southern District of New York for coordinated or Co EET
consolidated pretrial proceedings with the two actions een
pending there. oo
On the basis of the papers filed and the hearing held,
the Panel finds that the actions pending in the Northern
District of Ohio involve considerable questions of fact
individual to the actions pending in that district; that :
the actions pending in the Southern District of New York : :
involve considerable questions of fact individual to the : oo
actions pending in that district; and that transfer of -
these actions to a single district pursuant to Section oo
1407 would not necessarily serve the convenience of the
parties and witnesses or promote the just and efficient SE
conduct of the actions. We note that suitable alternatives
to transfer under Section 1407 exist in order to minimize : :
the possibility of duplicative discovery and/or conflicting ‘ So
pretrial rulings. See, e.g., In re Penitentiary Postal EE
Procedure Litigation, 465 F. Supp. 1293, 1294-95 (J.P.M.L. :
1979); In re Commercial Lighting Products, Inc. Contract
Litigation, 415 F. Supp. 392, 393 (J.P.M.L. 1976). See
also Manual for Complex Litigation, Parts I and II, §§3.11
(rev. ed. 1977).
IT IS THEREFORE ORDERED that the motion for transfer oo -
pursuant to 28 U.S.C. §1407 pertaining to the actions listed EE
on the attached Schedule A be, and the same hereby is, :
DENIED. ’
JPR THE ERED;
ree” Cp oF
Andrew A. Caffrey
Chairman k
*Judge Edward S. Northrop took no part in the decision
of this matter. Co

Case MDL No. 431 Document 2 Filed 05/18/15 Page 2 of 2
Tow SCHEDULE A
+ MDL-431 —— In re Firestone Tire & Rubber Co. Steel Belted Radial Tire
Products Liability and Securities Litigation
Northern District of Ohio :
Tessie Wolfson	v. Richard A. Riley, et al.,
C.A. No. C79642
City of Philadelphia v. Firestone Tire & Rubber Co., et al.,
C.A. Wo. C79-1525 — a
CT i Bernard B. Pogostin v. Richard A. Riley, et al., :	Sit Sn ash mista? A sain )
Southern District of New York
Irving Kanter v. Firestone Tire & Rubber Co. ,
- C.A. No. 78 Civ 4301
Richard L. Feinstein, et al. v. The Firestone Tire & Rubber Co., C.A.No. 78 Civ 4342