1:84-F-00618•IN RE: Newark, New Jersey, Texaco Explosion on January 7, 1983
IN RE: Newark, New Jersey, Texaco Explosion on January 7, 1983
1:84-F-00618Jpml1 juin 2015
Texte intégral
Case MDL No. 618 Document2 Filed 06/01/15 Page 1 of 3 FO : SoDIAL PARLE Si si TENS RICT LARSFILED C GY 1 138kpT Fide ain . PATRICIA D, Basis : CLERK BF THE PrtDOCKET NO. 618 - = BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION IN RE NEWARK, NEW JERSEY, TEXACO EXPLOSION ON JANUARY 7, 1983 TRANSFER ORDER*#* This litigation consists of five actions pending in two federal districts: three actions in the District of Hew Jersey and two actions in the Northern District of New York.=— Before the Panel 1s a motion, pursuant to 28 U.S.C. §1407, by defendant Consoiidated Rall Corporation (Conrail) to centraiize the actions in the District of New Jersey for coordinated or consoiidated pretrial proceedings. One New Jersey piaintiff joins in Conrall's motion, and no party has opposed the motion. On the basis of the papers fiiea,2’ the Panel finds that these actions involve common questions of fact and that centralization under 28 U.S.C. §i407 wili best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the iiti- gation. These actions share numerous factual questions arising from C the January 7, 1983 explosion on property owned by Texaco, Inc. adjacent to facilities owned by Conrail in Newark, New Jersey. As a = result of the explosion several persons; including some Conrali employees, were injured and property owned and being transported by Conrail was damaged. Centralization under Section 1407 is thus necessary in order to eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel, and the judiciary. We are persuaded that the District of New Jersey is the appro- priate transferee forum for this litigation. We note that the explosion occurred in New Jersey and that a majority of the witnesses resides there. * Judges Andrew A. Caffrey, Fred Daugherty and S. Hugh Diilin recused themselves and took no part in the decision of this matter. i/ The original motion 1nciuded one action which was pending in the Eastern District of Pennsylvania and subsequentiy has been trans- ferred, pursuant to 28 U.S.C. §i404(a), to the District of New Jersey. C 2/ The parties waived orali argument and accordingly the question of Transfer of these actions under Section 1407 was submitted on the briefs. Rule 14, R.P.J.P.M.L., 89 F.R.D. 273, 283-84 (1981).
Case MDL No. 618 Document 2,, Filed 06/01/15 Page 2 of 3 i . : IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the actions listed on the following Schedule A and pending in the Northe District of New York be, and the same hereby are, transferred to ar)District of New Jersey and, with the consent of that court, assigned to the Honorable Dickinson R. Debevoise for coordinated og consoli- dated pretrial proceedings with the actions pending in that district and listed on Schedule A. - FOR THE PANEL: feos VoL. Robert H. Schnacke Acting Chairman
Case MDL No. 618 Document 2 Filed 06/01/15 Page 3 of 3 ® SCHEDULE A MDL-618 -- In re Newark, New Jersey, Texaco Explosion on January 7, _ 1983 : Northern District of New York Donald McCool v. Consolidated Rail Corporation, C.A. No. BLE-CV-5891 Robert Travis v. Consolidated Rail Corporation, C.A. No. BL-CV-720 District of New Jersey Alan Peterson v. Consolidated Rall Corporation, et al., C.A. Oe - Robert M. Centano, et al. v. Consolidated Rall Corporation, et al., C.A. No. BL-3388(L) Peter F. O'Donnell, et al. v. Consolidated Rail Corporation, et al., C.A. No. 84-3845
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.