1:80-F-00430•IN RE: Air Crash Disaster Near Mt. Erebus, Antartica, on November 28, 1979
IN RE: Air Crash Disaster Near Mt. Erebus, Antartica, on November 28, 1979
1:80-F-00430Jpml18 de mai. de 2015
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: Case MDL No. 430 Document 2 Filed 05/18/15 Page 1 of 2 ; - JUBICIAL PAKEL Bi Lo ) HE TISTRICT LATS ATION Polo CFE bon DOCKET NO. 430 & SEner eg 72 | ESBEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATTON IE : A Jr PE - PATRID 3 ). FGA » [EET oe IN RE ATR CRASH DISASTER NEAR MT. EREBUS, ANTARCTICK; Ha: Bini28511979 eT TRANSFER ORDER* oo ) Presently before the Panel is a motion, pursuant to 28 u.s.c. FE SEL IE §1407, brought by Air New Zealand Limited, a defendant in the three EEN actions listed on the attached Schedule A, for transfer of one action Co EEE (Lashbrook) pending in the Northern District of California to the Central ca :District of California for coordinated or consolidated pretrial proceedings SETwith two actions (Lies) and (Klensch) that were perding in that district : at the time the motion was filed. Both Lies and Klensch have since been dismissed, but another action (Mason) is now perding in the Central District of California. Although Mason is not technically included : in the motion to transfer, it is already perding in the district to Co : ’ which we are transferring this litigation, and therefore we see no . _ harm in including Mason in the matter now before us. ’ Similarly, another Lo action (Barnick) not included in the motion is now pending in the Northern BEE District of California ard is being included in this transfer order Cebecause all parties in this action have fully expressed their views : Co on the present motion. Plaintiffs in Barnick submitted a brief to the Panel ard also appeared at oral argument before the Panel to support centralization of this litigation in the Central District of California; the only defendant in Barnick is the movant now before us. : . The Panel has ruled from the bench at the hearing on this matter :that the actions in this litigation raise common questions of fact and that their centralization in the Central District of California under 28 U.S.C. §1407 will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. IT IS THEREFORE ORDERED that the actions listed on the attached SESchedule A ard pending in the Northern District of California be, and : the same hereby are, transferred pursuant to Section 1407 to the Central EEE Co District of California and, with the consent of that court, assigned to the Honorable Malcolm M. Lucas for coordinated or consolidated pretrial =proceedings with the action already pending there and listed on Schedule - A. . Ty THE PANEL: SR A ~ 7 7 77 3Andrew A. Caffrey" MNGi Co EN - 7 Co Chairman 4 J : *Judge Edward S. Northrop took no part in the decision of this matter. :
Case MDL No. 430 Document 2 Filed 05/18/15 Page 2 of 2 -r 7 - SCHEDULE A ® MDL-430 —-- In re Air Crash Disaster Near Mt. Erebus, Antarctica, on :November 28, 1979 0 Northern District of California ort eeu CL Of Lalifornia Susan Lashbrook, et al. v. Air New Zealand, :C.A. No. C80-0705-WHO Robert A. Barnick, et al. v. Air New Zealand, : C.A. No. C80-2382-RHS : Central District of California Te emer A OF dadllorma } Patricia Mason v. Air New Zealand, et al., |C.A. No. CV-80-02398-MMI,
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