IN RE: Explosion and Fire at Marrero, Louisiana, on August 3, 1981

Case MDL No. 597 Document 2 Filed 06/01/15 Page 1 of 2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION iA B. Hci“ERK OF THE Voie
IN RE EXPLOSION AND FIRE AT MARRERO, LOUISIANA, ON AUGUST PHERSg)
) . ) ORDER DENYING TRANSFER#¥
This litigation consists of six agtions pending in two federal
districts: three actions each in the Eastern District of Louisiana
. and the Middle District of Florida. Presently before the Panel 1s a
motion, pursuant to 28 U.S.C. §1407, by a plaintiff in both a
Louisiana and a Florida action, to transfer the Florida actions to the
Eastern District of Louisiana for coordinated or consolidated pretrial
proceedings with the actions pending there. Four defendants oppose
transfer.
On the basis of the papers filed and the hearing held, we find
that Section 1407 transfer would neither serve the convenience of the
parties and witnesses nor further the just and efficlent conduct of
the litigation. We note that 1) the Florida actions have been
initiated relatively recently, while the Louisiana actlons have been
pending since 1981 and 1982 with a December 1984 discovery cutoff and
a March 1985 trial set; and 2) since plaintiffs are identical in the
Florida and Louisiana forums, the opportunities are enhanced for
C streamlining this litigation either by voluntary cooperation among the	parties and their counsel, or by judicial intervention. Moreover, all
BS defendants to the Florida actions have stated in pleadings before the
Panel their willingness to stipulate that all discovery completed in
the Louisiana actions may be used in the Florida actions.
IT IS THEREFORE ORDERED that the motion pursuant to 28 U.S.C.
§1407 to centralize the actions listed on the attached Schedule A be,
and the same hereby 1s, DENIED.
FOR THE PANEL:
Cor dries @.
Andrew A. Caffrey
- : Chairman
x Judge Milton Pollack recused himself and took no part in the
decision of this matter.

Case MDL No. 597 Document 2 Filed 06/01/15 Page 2 of 2
SCHEDULE A
MDL-597 -- In re Explosion and Fire at Marrero, Loulsiana, on
August 3, 1901 CMiddle District of Florida TT
Enola Taylor v. The Jim Walter Corp., et al.,
C.A. No. 83-951-T-13
- Ella M.W. Stimage v. The Jim Walter Corp., et al.,
. C.A. No. 83-952-T-13
- Melvin Bennett, et al. v. The Jim Walter Corp., et al.,
C.A. No. §3-953-T-10 5 ser orp... 2 22:
. - Eastern District of Louisiana
Enola Taylor v. Aetna Casualty & Surety Co., et al.,C.A. Oe 1- -
Ella M.W. Stimage v. Aetna Casualty & Surety Co., et al.,
C.A. No. 2-33 1-1
Melvin Bennett, et al. v. Aetna Casualty & Surety Co., et al.,
C.A. No. 8§2-3343-1 (1)