IN RE: Boating Accident in Jamaica Bay, on July 12, 1981

1:84-F-00594Jpml1 de jun. de 2015

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} . : Case MDL No. 594 Document2 Filed 06/01/15 Page 1 of2
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATIONGLERK	GF THE PANEL
IN RE BOATING ACCIDENT IN JAMAICA BAY, ON JULY 12, 1981
ORDER DENYING TRANSFER%*
This litigation consists of two actions pending in two
federal districts: one action in the Eastern District of New
York and one action in the Southern District of New York.
Teleflex, Inc., a defendant in the Eastern District action, has
moved the Panel under 28 U.S.C. §1407 to transfer the Eastern
District action to the Southern District of New York for
coordinated or consolidated pretrial proceedings with the action
pending there. Plaintiffs in the Eastern District action and the
United States, the defendant in the Southern District action,
oppose the motion.
On the basis of the papers filed,’ we find that Section 1407
transfer would neither serve the convenience of the parties and
ltnesses nor further the just and efficient conduct of the
tigation. We note that 1) only two actions are pending in this
ocket; 2) the actions are pending in adjacent districts; and 3)
Judge William C. Conner has transferred the Southern District
action to the suspense docket on the ground that the action is
one for indemnity with respect to a claim pending against the
Southern District plaintiff in the Eastern District action.
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 is, DENIED.
FOR THE PANEL:
Andrew A. Caffrey
; Chairman
* Judges Robert H. Schnacke and Sam C. Pointer, Jr. took no
@ in the decision of this matter.1/ The parties waived oral argument and accordingly the question
of transfer 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. 594 Document 2 Filed 06/01/15 Page 2 of 2
SCHEDULE A
MDL-594 -- IN RE BOATING ACCIDENT IN JAMAICA BAY. ON JULY 12 1981	_—	ml	etm FMVS es AVL
Eastern District of New York
John Guarino, et al. v. Al Grovers, Inc., et al., C.A. No.
83-Civ-5032
Southern District of New York
Bay End Dock, Inc. v. United States of America, C.A. No. 83-Civ-5119

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