IN RE: Alleged Food Poisoning Incidents on British Airways in March, 1984

oo Case MDL No. 602 Document 2 Filed 06/01/15 Page 1 of 2
vi,=N gi gAIN; DOCKET NO. 602 7
C BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION SEP -5 3
IN RE ALLEGED FOOD POISONING INCIDENTS ON ERITISH AIRWAYS IN MARCH, 1984 [SF . ©
TRANSFER ORDER
This litigation presently consists of two actions pending in two federal districts:
one action each in the District of the District of Columbia and the Southern District
of New York. Before the Panel is a motion by British Airways, Inc. (British Airways),
the sole defendant in both actions, to transfer, pursuant to 28 U.S.C. §1407, the
District of Columbia action to the Southern District of New York for coordinated or
consolidated pretrial proceedings with the action pending there.l/ The plaintiff in
- the District of Columbia action agrees that the actions should be centralized for pre-
trial proceedings; however, he urges that the District of the District of Columbia be
selected as the transferee forum.
On the basis of the papers filed and the hearing held, the Panel finds that the
actions in this litigation involve common questions of fact and that centralization
under Section 1407 in the Southern District of New York will best serve the convenience
of the parties and witnesses and promote the just and efficient conduct of this litiga-
tion. These actions arise from alleged incidents of salmonella food poisoning aboard
various British Alrways' flights from London to the United States between March 12 and .
March 14, 1984. Transfer under Section 1407 is desirable in order to avoid duplicative
discovery, prevent inconsistent pretrial rulings, and conserve the resources of the
parties, thelr counsel and the judiciary.
C Although either of the suggested districts could be described as an appropriate	transferee forum for this litigation, we are persuaded that the Southern District of
= New York is preferable. We note that 1) British Airways' North American headquarters
are situated in New York City; 2) any claims by United States citizens arising fram the
alleged food poisoning have been processed by British Airways there; and 3) British
Airways' witnesses and documentary evidence are located in either New York City or
London, England.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the action listed on the
attached Schedule A and pending in the District of the District of Columbia be, and the
same hereby 1s, transferred to the Southern District of New York and, with the consent
of that court, assigned to the Honorable Whitman Knapp for coordinated or consolidated
pretrial proceedings with the action pending in that district and listed on Schedule A.
FOR THE PANEL: .
Andrew A. Caffrey
_- = Chairman
1/ The Panel was notified of two additional actions which were recently filed in the
District of the District of Columbia and the Central District of California.
Qo: request to include these two actions in 1ts motion to transfer was filed	too late to be included in the hearing in this docket. These two actions and any
additional actions will be treated as potential tag-along actions. Rules 9 and 10,
R.P.J.P.M.L., 89 F.R.D. 273, 278-80 (1981).

7 Case MDL No. 602 Document 2 Filed 06/01/15 Page 2 of 2
® SCHEDULE A 5MDL-602 -- IN RE ALLEGED FOOD POISONING INCIDENTS ON BRITISH AIRWAYS IN MARCH, 1984
+ District of the District of Columbia
Dr. Abdulrahman Al-Zamil v. British Airways, Inc., C.A. No. 84-1477 ”
Southern District of New York
Melissa Sutherland, a/k/a Mary Elizabeth Sutherland v. British Airways, C.A. No.
84—Civ-3561