IN RE: Sikorsky Aircraft Crash in Clermont County, Ohio, on September 29, 1979

Case MDL No. 464 Document 2 Filed 05/19/15 Page 1 of 2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
IN RE SIKORSKY AIRCRAFT CRASH IN CLERMONT COUNTY, OHIO,
ON SEPTEMBER 29, 1979
ORDER DENYING TRANSFER%* oo a .
Presently before the Panel is a motion, pursuant to -
28 U.S.C. §1407, brought by Amtel, Inc., a defendant in . Lo
the two actions listed on the attached Schedule A, for transfer :
of the action pending in the Middle District of Pennsylvania
to the Southern District of Ohio for coordinated or consolidated
pretrial proceedings with the action pending there.
On the basis of the papers filed and the hearing held, EE A
we find that Section 1407 transfer would neither serve the So oo
convenience of the parties and witnesses nor further the so CL
just and efficient conduct of the litigation. Given the :
minimal number of actions before us, movant has failed
to persuade us that any common questions of fact involved
in these two actions are sufficiently complex, and that the
accompanying discovery will be so time-consuming, as to
justify Section 1407 transfer. See In re Scotch Whiskey Ce
Antitrust Litigation, 299 F. Supp. 543, 544 (J.P.M.L. 1969). )
We note that suitable alternatives to transfer exist in
order to minimize the possibility of duplicative discovery
and/or conflicting pretrial rulings. See, e.g., In re
Penitentiary Postal 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). ST
IT IS THEREFORE ORDERED that the motion for transfer i
pursuant to 28 U.S.C. §1407 be, and the same hereby is,
DENIED.
FOR THE PANEL:
weAnCrew A. Caffrey : So Co
Chairman _ Lo
* Judge Fred Daugherty took nc part in the decision of
this matter.

~ oe = Case MDL No. 464 Document 2 Filed 05/19/15 Page 2 of 2
SCHEDULE A
MDL-464 —-- In re Sikorsky Aircraft Crash in Clermont County,
~~ Ohio, on September 29, i979
Middle District of Pennsylvania
Betty J. Piatt v. United Technologies Corp., et al.,
C.A. No. 80-1075
Southern District of Ohio
Oak Surber, et al. v. United Technologies Corp., et al.,
C.A. No. C-1-80-458