IN RE: Crozer-Chester Medical Center Litigation

Case MDL No. 498 Document 2 Filed 05/19/15 Page 1 of 2 |
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DOCKET NO. 498 CLERK C7 i= pair F104 ; B
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION of a
IN RE CROZER-CHESTER MEDICAL CENTER LITIGATION
a ORDER DENYING TRANSFER* E SE
Presently before the Panel is a motion, pursuant to 28 Cs
U.S.C. §1407, brought by the plaintiffs in the two actions co
listed on the attached Schedule A for transfer of the action :
pending in the Eastern District of Michigan to the Eastern
District of Pennsylvania for coordinated or consolidated :
pretrial proceedings with the action pending there.
On the basis of the papers filed and the hearing held,
we find that Section 1407 transfer would neither serve the BE so .
convenience of the parties and witnesses nor further the no Co
just and efficient conduct of the litigation. Given the |
minimal number of actions before us, movants have failed i
to persuade us that any common questions of fact involved Do
in these actions are sufficiently complex, and that the :
accompanying discovery will be so time-consuming, as to EE
justify Section 1407 transfer. See In re Scotch Whiske Cv
Antitrust Litigation, 299 F. Supp. 543, 544 (J.P.M.L. 1969). EE
Furthermore, we point out that suitable alternatives to SEE
transfer exist in order to minimize the possibility of a
duplicative discovery and/or conflicting pretrial rulings. :
See, e.g., In re Eli Lilly and Company (Cephalexin Monohydrate) - .
Patent Litigation, 446 F. Supp. 242, 244 (J.P.M.L. 1978). Co
See also Manual for Complex Litigation, Parts I and II, )
§§3.11 (rev. ed. 1977). Se
IT IS THEREFORE ORDERED that the motion for transfer FE SSI
pursuant to 28 U.S.C. §1407 be, and the same hereby is, © y i
DENIED. :
FOR THE PANEL:
Andrew A. Caffrey Co
Chairman :
* Judges Roy W. Harper and Sam C. Pointer, Jr. took no
part in the decision of this matter.

Case MDL No. 498 Document 2 Filed 05/19/15 Page 2 of 2
® Schedule A
MDIL-498 -- In re Crozer-Chester Medical Center Litiggtion
Eastern District of Michigan
Crozer-Chester Medicgl Center, et al. Vv. Selected Risks Insurgnce
CO., et al., Cc. A. No. 81-73934
Eastern District of Pennsylvania
Crozer—-Chester Medical Center, et al. ve. Selected Risks Insurance
Coe, et ale, C. A. No. 81-4353