1:84-F-00595•IN RE: Diversified Energy Corp. Securities Litigation
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Case MDL No. 595 Document 2 Filed 06/01/15 Page 1 of 3 Bric FAN DBR ® ATS RIT LEICATES DOCKET NO. 595 Fii8 BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATEER 18 1884 IN RE DIVERSIFIED ENERGY CORP. SECURITIES LITIGATIOPATRUIA DL Hei C- LER OF Tat Frill ) TRANSFER ORDER This litigation presently consists of eleven actlons pending in four districts as follows: six actions in the Western District of Texas, three actions in the District of Utah, and one action each in the Eastern District of California and the District of New Jersey. Before the Panel is a motion by First City National Bank of Midland (First City), a party to all the actions, to centralize the eleven actions in the Western District of Texas for coordinated or consolidated pretrial proceedings under 28 U.S.C. §1407. Respondents to the motion include those who support transfer but favor selection of the District of Utah as transferee forum, those who oppose transfer, and those who oppose transfer but favor selection of the Utah forum if the Panel nevertheless concludes that centralization is appropriate. On the basis of the papers filed and the hearing held, the Panel finds that centralization in the District of Utah of all actions but the New Jersey action will best serve the convenience of the partles @:: witnesses and promote the just and efficient conduct of .the litigation. The actions to be centralized share numerous factual 3 questions relating to the promotion, financing and sale of limited partnership interests in oll and gas ventures organized by Diversified Energy Corp. (DECO). Centralization of these actions 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. The New Jersey action, however, is brought by persons who are not partners in any limited . partnership involved in the other actions brought by DECO investors, and the action is proceeding expeditiously toward trial. Movant has failed to demonstrate the existence of sufficient common questions of fact and remaining common discovery that would warrant centralization of the New Jersey action with the other actions in this docket. First City favors selection of the Western District of Texas as transferee forum because, inter alia, 1) First City employees, whose conduct in the promotion and financing of the DECO interests 1s at issue in the actions, will be found in that district along with other witnesses and relevant documents relating to the financing of the limited partnership interests, and 2) most of the actions are already pending in that district. While the Western District of Texas may be an acceptable forum, on balance we are persuaded that the District of Utah 1s the most appropriate forum for this litigation. We note that Co
. ) Case MDL No. 595 Document 2 Filed 06/01/15 Page 2 of 3 -0- , ‘ that district 1s the forum where a large number of the plaintiffs and nearly all the defendants other than First City and its employees reside, where the limited partnerships which offered the subject partnership interests are located, where DECO (which was the promoter of the partnerships and general partner in each limited partnership) is located, where many witnesses (including DECO's officers) reside, and where many relevant documents are likely to be located. IT IS THEREFORE ORDERED that transfer pursuant to 28 U.S.C. §1407 of the action listed on the attached Schedule A and pending in the District of New Jersey be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. §1407, the remaining actions listed on the attached Schedule A and pending outside the District of Utah be, and the same hereby are, transferred to the District of Utah, and, with the consent of that court, assigned to the Honorable Aldon J. Anderson for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. A THE PANEL: i"addr @. Cf,Andrew A. Caffrey ‘ Chairman
Case MDL No. 595 Document 2 Filed 06/01/15 Page 3 of 3 SCHEDULE A MDL-595 -- IN RE DIVERSIFIED ENERGY CORP. SECURITIES LITIGATION =e 272 ~~ Bh Joy nodblal BNARUY CURE, OBCURITIES LITIGATION ) DISTRICT OF NEW JERSEY George R. Baumgardner, et al. v. First City National Bank of Midland, Texas, et al., C.A. No. 83-4631-A DISTRICT OF UTAH Falcon Construction, Inc., et al. v. First City National Bank of Midland, et al., C.A. No. C84-00LOW Diversified Energy/Intermountain Capital Private Drilling Fund 1981-4, et al., C.A. No. CB4-0041A Arun V, Bidwal, et al. v. DECO Ener Private Drilling Fund 1981-1, et al., C.A. No. C8L-0062W EASTERN DISTRICT OF CALIFORNIA G. Ronald Gerbin et al. v. First City National Bank of Midiand, Texas, et al., C.A. No. CIV-83-695MLS C WESTERN DISTRICT OF TEXASEdward R. Van Vliet, et al. v. First City National Bank of Midiand, et al., C.A. No. MO-BE-CA-3I First City National Bank of Midland v. Diversified Energy/Combined Capital Private Driliing Fund 1981-A, et al.,C.A. No. MO-83-CA-21 First City National Bank of Midland v. DECO Ener Private Drilling Fund 1981-11, et al., C.A. No. MO-83-CA-213 First City National Bank of Midland v. DECO Private Drilling Fund 1981-1, et al., C.A. No. MO-83-CA-216 First City National Bank of Midland v. DECO/DCA Private Drillin Fund Tobo-T, et al., C.A. No. MO-83-CA-215 First City National Bank of Midland v. Diversified Energy/Intermountain Capital Private Drilling Fund 1981-4, et al., C.A. No. MO-34-CA-1
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