IN RE: Texaco Credit Card Processing Charge Litigation

1:81-F-00490Jpml19 mag 2015

Testo completo

Ca 0	se MDL No. 490 Document 2 Filed 05/19/15 Page 1 of 2
SEL Fe RE ISper mya il eld : So	EN IT pa. Lo
Foo SL RICT TESA 3FILE2
. MAR -3 987 i - Co
PATRI 0 oe " i) 7 ! Ta	RA I ER I !
DOCKET NO. 490 CLERK GF The pon Gr	Creda ~ re
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION SR
IN RE TEXACO CREDIT CARD PROCESSING CHARGE LITIGATION Co
: ORDER DENYING TRANSFER* CL Co
Presently before the Panel is a motion, pursuant to CL28 U.S.C. §1407, brought by Texaco Inc. (Texaco), defendant . ooin the seven actions listed on the attached Schedule A, :
to centralize those actions in a single district for coordinated
or consolidated pretrial proceedings.
on the basis of the record before us, we find that
Section 1407 transfer at the present time would neither ~ Co
serve the convenience of the parties and witnesses nor further Lo - o
the just and efficient conduct of the litigation. We note
that, in the Pennsylvania action, judgment for defendant : :Texaco has been entered after trial on the merits.
Our decision is made without prejudice to the right no
of any party to move for transfer under Section 1407 at : -
a later date if it pelieves future circumstances So require. Pl
IT IS THEREFORE ORDERED that the motion for transfer oo
pursuant to 28 U.S.C. §1407 be, and the same hereby is,DENIED. .
FOR THE PANEL: : Co
Charles R. Weiner Ek : or :
Acting Chairman
—
* Judges Andrew A. caffrey and Fred Daugherty recused oo
themselves and took no part in the decision of this matter. To
Judges Roy W. Harper and Sam C. Pointer, Jr. were unable :to attend the hearing in this matter but have, with the
consent of all parties, participated in this decision.
Case MDL No. 490 Document 2 Filed 05/19/15 Page 2 of 2
p Schedule A
PY MDL-490 -- In re Texaco Credit Card Processing Charge Litigation
District of the District of Columbia
Bird Oil Co., Inc., et al. v. Texaco Inc.,
. C.A. No. 81-2519
Western District of Tennessee
Thomas H. Cain, d/b/a Cain's Texaco v. Texaco Inc.,
: C.A. No. 81-2852-M
Southern District of Indiana
Darryl L. Glaser, d/b/a Glaser's Texaco, etc. v. Texaco
Inc., C.A. No. EV-81-220-C
District of Maryland
Greater Washington/Maryland Service Station Association,
Inc., et al. v. Texaco Inc., C.A. No. R-81-2590
District of Nevada
Jay S. Kennedy, etc. Vv. Texaco Inc.,
C.A. No. LV-81-701-RDF
) Eastern District of Pennsylvania
William Melso, et al v. Texaco Inc.,
. C.A. No. 81-4209
Southern District of Florida
Smitty's Enterprises, Inc. d/b/a Smitty's Texaco Service,
et al. v. Texaco, Inc., C.A. No. 81-8389-Civ~-NCR

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