IN RE: International Total Services, Inc., Employee Benefit Plan Litigation

Case MDL No. 476 Document 2 Filed 05/19/15 _ Page 1 of 2 :
pend EIEIAL DARE
—- ba Tavzroiny Fin PENT . :
DOCKET NO. 476 } send LR : REIT
$ELLE i. E : co :
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGHFION 199] i nL co	vi Ld dG poo
IN RE INTERNATIONAL TOTAL SERVICES, INC. EMPLOYEE BENEFIT, .. VY | ERPLAN LITIGATION CLERXGR Toi vs
TRANSFER ORDER a oo
Presently before the Panel is a motion, pursuant to
28 U.S.C. §1407, brought by International Total Services,
Inc. (Total), a defendant in the five actions listed on
the attached Schedule A, for centralization of those actions so EC
in a single district for coordinated or consolidated pretrial Co So ]
proceedings. . : oo
All responding parties agree on the desirability of SR
or do not oppose transfer. The only dispute concerns the ’
selection of the transferee district. Total favors central-
ization in the Northern District of Illinois; plaintiffs
in all actions urge centralization in the Northern District
of California.
On the basis of the papers filed and the hearing held, oa
the Panel finds that the actions in this litigation involve Co oo So
common questions of fact and that centralization of the
actions under Section 1407 in the Northern District of
California will best serve the convenience of the parties
and witnesses and promote the just and efficient conduct
of the litigation. : :
Although we are of the view that either the Northern B oo
District of California or the Northern District of Illinois ’
could be described as an appropriate transferee forum for : }
this litigation, we conclude that the Northern District
of California is preferable. The action pending in the :
Northern District of California was the first action commenced :
in this litigation, and two of the five actions in this
litigation are presently pending in federal district courts oo
in California. ~ . |
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. E
§1407, the actions listed on the following Schedule A and
pending in districts other than the Northern District of
California be, and the same hereby are, transferred to the :
Northern District of California and, with the consent of
that court, assigned to the Honorable Robert H. Schnacke Lo A
for coordinated or consolidated pretrial proceedings with a. i
the action pending in that district and listed on Schedule .
A. § B .
FOR THE PANEL: eT oC
Andrew A. Caffrey :
Chairman : .

Case MDL No. 476 Document2 Filed 05/19/15 Page 20of2
€ LY "
DOCKET NO. 476
é ’ SCHEDULE A
~ Northern District of Texas
oo Thomas Fitzgibbon, et al. v. International Total Services,Inc., C.A. No. CA-3-81-0241-F
Eastern District of New York
Thomas Fitzgibbon, et al. v. International Total Services,: Inc., C.A. No. CV-81-0476 -
Northern District of California
Thomas Fitzgibbon, et al. v. International Total Services,
Inc., C.A. No. C81-0645-RHS |
Central District of California
. ~ Thomas Fitzgibbon, et al. v. International Total Services,
Inc., C.A. No. CV81-0773-CBN TTT _: Northern District of Illinois )
Allied Services Division Welfare Fund v. International
C Co Total Services, Inc., et al., C.A. No. 81C2849