IN RE: Bally Midway Video Game Copyright, Trademark and Antitrust Litigation

¢ | Case MDL No. 553 Document 2 Filed 06/02/15 Page 1 of 2
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Qo | CAUG-2 13DOCKET NO. 553 FATLL 3BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ~~ SA
IN RE BALLY MIDWAY VIDEO GAME COPYRIGHT, TRADEMARK AND ANTITRUST
LITIGATION
~ ORDER DENYING TRANSFER
This litigation consists of eleven actions pending in six
districts as follows: four actions in the Central District of
California, three actions in the Eastern District of New York,
and one action each in the District of Rhode Island, the District
of Hawaii, the District of Nebraska and the District of
Massachusetts. Presently before the Panel is a motion, pursuant
to 28 U.S.C. §1407, to centralize the actions in this litigation
in the Central District of California for coordinated or
consolidated pretrial proceedings. Movants are four corporations
and one individual that are defendants in one New York action;
one movant is also named as a defendant, under a different trade
name, in another New York action. Bally Midway Mfg. Co., the
plaintiff in all actions, opposes the motion.
Te On the basis of the papers filed and the hearing held, we
find that Section 1407 transfer would neither serve the
C convenience of the parties and witnesses nor further the just and	efficient conduct of the litigation. Although we recognize that
the actions in this litigation may involve some common questions
of fact, we are not persuaded that any such common questions of
fact will predominate over individual questions of fact present
in each action. Furthermore, we note that pretrial proceedings :
in several actions are well advanced and that the claims agalnst
numerous defendants have been settled.
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

Case MDL No. 553 [shedud® Ariled 06/02/15 Page 2 of 2
tt MDL-S53 —- In re Bally Midway Video Game Co ri ht, Trademark and
Antitrust Litigation
uo Eastern District of New York o
Bally Midway Mfg. Co. v. Howard Leeds, etc., et .al.,
C.A. No. B3-0436
Bally Midway Mfg. Co. v. 1221 Utica Mfg. Corp., etc., et al.,
- C.A. No. 82-2490 ] .
| Bally Midway "Mfg. Co. v. American Postage Machine, Inc.,et al.,
C.A. No. 82-2700
- District of Rhode Island
Midway Mfg. Co. v. Omni Video Games, Inc.,
et al., C.A. No. B81-0252-S |
District of Hawaii
Bally Midway Mfg. Co., etc. v. Aloha Properties, Inc., et al.,
. C.A. No. 82-0321
District of Nebraska : co
) Midway Mfg. Co., etc. v. Dale Drikschneider, et al.,
C.A. No. 81-0243
: District of Massachusetts C
Midway Mfg. Co., etc. v. 1001 Plays, Inc., etc., et al.,
C.A. No. 81-1486
Central District of California
Midway Mfg. Co. v. United California Enterprises,
etc., et al., C.A. No. 82-0320 (J, Hatter)
Bally Midway Mfg. Co., etc. v. Billy D. Kegley, etc.,
et al., C.A. No. CV82-3034-TJH(JRx
Midway Mfg. Co., etc. v. Cynthia Jackson, et al.,
’ C.A. No. CV82-1200-TJH(JRX) )
Bally Midway v. All Different Amusement Machines (d/b/a Adam,
Inc.), et al., C.A. No. CVB2-5591-TJH(JRxX)