1:81-F-00488•IN RE: Mack Truck Parts Antitrust Litigation
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oo Case MDL No. 488 Document 2 Filed 05/19/15 Page 1 of 2 SRR Sr ARRSY | oo nen | | HAR -9 1982 ET ; DOCKET NO. 488 PATIICIA DN Lien 2 CLERS EF Tie iL g5,8 |BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ECT " IN RE MACK TRUCK PARTS ANTITRUST LITIGATION ORDER DENYING TRANSFER%* SERN This litigation consists of eleven actions pending : EE in three districts -- nine actions in the Eastern District RE of Pennsylvania and one action each in the Northern District Lo of Illinois and the Southern District of Ohio. Presently before the Panel is a motion by the plaintiffs in the Ohio - action for transfer under 28 U.S.C. §1407 of the Ohio and Illinois actions to the Eastern District of Pennsylvania for coordinated or consolidated pretrial proceedings with the actions pending there. Plaintiff in the Illinois action . EE and plaintiffs in four of the Pennsylvania actions support So ’ transfer. Mack Trucks, Inc., and its National Distributor . . Advisory Council, the defendants in each action, oppose :transfer. On the basis of the papers filed and the hearing held, we find that Section 1407 transfer would neither serve the i. a convenience of the parties and witnesses nor further the ee just and efficient conduct of the litigation. We recognize oo that these actions share some questions of fact, but we E are persuaded that this factor is outweighed by 1) the more advanced stage of the Pennsylvania actions in comparison ; : to the Ohio and Illinois actions; 2) the fact that, because oothe Pennsylvania actions have been consolidated among themselves, } there are really only three actions pending before the Panel; So : 3) the absence of any conflicting class action allegations; cL and 4) the widely different scope of the actions pending ed REE in the three districts -- ranging from a purported nationwide E a class of non-governmental purchasers in Pennsylvania, to a purported statewide class of governmental purchasers in Illinois, to individual plaintiffs in Ohio. IT IS THEREFORE ORDERED that the motion pursuant to 28 U.S.C. §1407 to transfer the actions listed on the attached Schedule A be, and the same hereby is, DENIED. . FOR THE PANEL: Andrew A. Caffrey Chairman * Judges Roy W. Harper and Sam C. Pointer, Jr. took no part in the decision of this matter.
Case MDL No. 488 Document2 Filed 05/19/15 Page 2 of 2 ’ Schedule A > MDL-488 -- In re Mack Truck Parts Antitrust Litigation ® Southern District of OhioWeiss Trucking Co., Inc., et al. v. Mack Trucks, Inc., et _al., C.A. No. C-2-81-1189 ooNorthern District of Illinois State of Illinois v. Mack Trucks, Inc., et al., : C.A. No. 81C3106 Eastern District of Pennsylvania Globe Disposal Co., Inc., et al. v. Mack Trucks, Inc., : et al., C.A. No. 81-0127 National Freight, Inc. v. Mack Trucks Inc., et al., C.A. No. 81-0153 Mariana Bros., Inc. v. Mack Trucks, Inc., et al., C.A. No. 81-0128 East Coast Pollution Control, Inc. v. Mack Trucks, Inc., et al., C.A. No. 81-0159 Union Street Transport, Inc. Vv. Mack Trucks, Inc., et al., C.A. No. 81-0254 Deetz-Bay Construction Co., et al. v. Mack Trucks, Inc., et al., C.A. No. 81-0586 John McTamney, et al. v. Mack Trucks, Inc., et al.,C.A. No. 81-0301 Camden Lime Co., etc. v. Mack Trucks, Inc., et al., C.A. No. 81-0400 Alan D. Alper v. Mack Trucks, Inc., et al., C C.A. No. 81-0624
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