IN RE: The Stouffer Corporation Building Fire on December 4, 1980

Case MDL No. 487 Document 2 Filed 05/19/15 Page 1 of 3 :
PUTRI LRA to |
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DOCKET NO. 487 BAN 12 [SRY :
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT ;HITEGATION. 7 ys B	GEA GF Thorson JT
IN RE THE STOUFFER CORPORATION BUILDING FIRE oN BRCEMBER 4,
1980 : SE
TRANSFER ORDER oo
This litigation consists of twelve actions pending - SEEin two federal districts: eleven in the Southern District IEE
of New York and one in the Southern District of Texas. co
Presently before the Panel is a motion, pursuant to 28 U.S.C. : . :
§1407, to transfer the Texas action to the Southern District
of New York for coordinated or consolidated pretrial proceedings
with the actions pending there. The motion is brought by
the Stouffer Corporation, a defendant in all twelve federal
"actions.
The Panel finds on the basis of the papers submittedl’ uo )
that the actions in this litigation raise common questions .
of fact and that centralization of all actions in the Southern
District of New York under Section 1407 will best serve 2
the convenience of the parties and witnesses and promote :
the just and efficient conduct of this litigation. All
twelve actions share factual questions concerning the cause } oC
or causes of a fire in the Stouffer conference center building Le
in Harrison, New York and the manner in which the fire spread. EA
Centralization under Section 1407 is therefore necessary :
in order to avoid duplication of discovery, prevent inconsistent
pretrial rulings, and conserve the resources of the parties, :. :
their counsel, and the judiciary. : Co
The Southern District of New York is clearly the most Lo :
preferable transferee district. Since the disaster occurred EE ~
in that district, many witnesses, as well as the physical SEE RE
evidence of the fire, are located there. Also, eleven of - } BE So
the twelve actions before the Panel are already pending
in the Southern District of New York. In addition, the
files of the state district attorney who investigated the
fire are situated in New York and a criminal action arisina
from the fire is planned for trial soon in New York state
court. : .
1/ The parties waived oral argument and accordingly the
question of transfer of these actions under Section 1407
was submitted on the briefs. Rule 14, R.P.J.P.M.L., 89
F.R.D. 273, 283-84 (1981).

- “- Case MDL No. 487 Document2 Filed 05/19/15 Page	2 of 3
[) IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C.	- §1407, the action listed on the attached Schedule A and
pending in the Southern District of Texas be, and the same
hereby is, transferred to the Southern District of New York
and, with the consent of that court, assigned to the Honorable
Abraham Sofaer for coordinated	or consolidated pretrial
proceedings with the actions pending in that district and
listed on Schedule A.
| | FOR THE PANEL:
ohAndrew A. Cafffegy | :
Chairman £

- = Case MDL No. 487 Document2 Filed 05/19/15 Page 30f 3
SCHEDULE A
MDL-487 —~- In re the Stouffer Corporation Building Fire on
December 4, 1980
Southern District of Texas }
Doris L. Unger, etc. v. The Stouffer Corp. ,
C.A. No. H-81-51
Southern District of New York _.
Jeanne D. Backe, etc., et al. v. The Stouffer Corporation,
et al., C.A. No. 81 Civ 2608 .
Robert E. Balzer, et al. v. The Stouffer Corporation,
"et _al., C.A. No. 81 Civ 5413
Joanne Boyd, etc. v. The Stouffer Corporation, |
. et al., C.A. No. 81 Civ 3112
Charles Csaszar, et al. v. The Stouffer Corporation,
et al., C.A. No. 81 Civ 5418 :
Dorothy B. Donnelly, etc., et al. v. The Stouffer Corpora- :tion, C.A. No. 81 Civ 4482
Devon C. Gibbs v. The Stouffer Corporation, et al., -
C.A. No. 81 Civ 5416 :
- Thomas Goodrum, et al. v. The Stouffer Corporation,et al., C.A. No. 81 Civ 5417 :
*Nan Juday, etc. v. The Stouffer Corporation,
C.A. No.
Shirley Ann Molinaro, etc. v. The Stouffer Corporation,
@® C.A. No. 81 Civ 2587 .
’ Carol Jean Perine, etc. v. The Stouffer Corporation,C.A. No. 81 Civ 574
Virginia S. Rodrigo, etc. v. The Stouffer Corporation,
. et al., C.A. No. 81 Civ 2815 :
* This action was recently transferred from the Central District
of California to the Southern District of New York under
28 U.S.C. §l404(a).