IN RE: Continental Air Lines, Inc., Employment Practices Litigation

Case MDL No. 469 Document 2 Filed 05/19/15 Page 1 of 2
SEICIAL PANEL TN wo
’ MULTICISTAICT LITIGATION Co
FILED Vi Rn	DOCKET NO. 469 ‘ TEE
| JUL -9 1881 tnBEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Sh Te
PATRICIA D BEWARD : .
IN RE CONTINENTAL AIR LINES, INC. EMPLOYMENT (RRECT	ICES EETIGATION =
ORDER DENYING TRANSFER
~The Panel ruled from the bench at the hearing on this
matter that transfer of the two actions listed on the attached
Schedule A=" to a single district for coordinated or consoli- LL
dated pretrial proceedings pursuant to 28 U.S.C. §1407 would Co So oo
neither serve the convenience of the parties and witnesses : Co
nor further the just and efficient conduct of the litigation. Co
Continental Air Lines, Inc. (Continental) argues that
the motion for Section 1407 transfer filed by plaintiffs
in the Texas action is frivolous. Continental accordingly
requests the Panel to order the Texas plaintiffs to reimburse
Continental for its reasonable attorneys' fees and travel EE
expenses incurred in opposing the motion for transfer. Co EE
We are not persuaded that the motion for transfer is frivolous BE oo
and we therefore deny Continental's request. See In re - CL
Royal Typewriter Co. (Royal Bond Copier) Breach of Warranty
Litigation, 435 F. Supp. 925, 926 (J.P.M.L. 1977). :
IT IS THEREFORE ORDERED that the motion for transfer
pursuant to 28 U.S.C. §1407 of the actions listed on Schedule A
be, and the same hereby is, DENIED. : Se
FOR THE PANEL: oo
Cornera. CprAndrew A. Caffrey So
Chairman :
1/ One additional action, Herb Harris, et al. v. Continental
Air Lines, Inc., D. Colorado, C.A. No. 80-1312, was included
in the motion for transfer in this litigation. This action, So co
however, was dismissed with prejudice by the court in the oo .
District of Colorado in December, 1980. E

Case MDL No. 469 Document 2 Filed 05/19/15 Page 2 of 2
Te — R
Schedule A
MDL—469 —- In re Continental Air Lines, Inc. Employment Practices Litigation
Southern District of Texas
Jordan P. Ashley, et al. v. Continental Air Lines, Inc. s
C.A. No. H-80-2339 :
: ~ Central District of California }
Joe Bradford, et al. v. Continental Air Lines, Inc.,
C.A. No. CV80-3892-RMT . : =