IN RE: M/V ANTACUS Sinking Off the Azores, on July 16, 1984

Case MDL No. 622 Document 2 Filed 06/01/15 Page 1 of 2 CUAL Foie	Loe Poco wg sib al PARED on
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BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION RICiA TIS
. CLERK OF Ths pieIN RE M/V ANTACUS SINKING OFF THE AZORES, ON JULY 16, 1984 To
= TRANSFER ORDER*
This litigation presently consists of three actions pending in two federaldistricts:. one action in the Eastern District of Louisiana and two actions in the
Southern District of New York. Before the Panel is a motion by the owner and
operator of the M/V ANTACUS, Astarte Shipping Company and Chi Yuen Navigation Co.,Ltd., to transfer the Louisiana action to the Southern District of New York for
coordinated or consolidated pretrial proceedings with the two actions pending there.
A Louisiana defendant and ten cargo claimants in one New York action, some of whom
are also plaintiffs in the Louisiana action, favor transfer. Four other Louisiana
defendants, two of whom are also defendants in the second New York action; the third
defendant in the second New York action; and the remaining twelve plaintiffs in the
Louisiana action oppose transfer. If the Panel deems transfer appropriate, the
opposing Louisiana plaintiffs urge that the actions be centralized in the Eastern	District of Louisiana.
On the basis of the papers filed and the hearing held, the Panel finds that the
: actlons in this litigation involve common questions of fact and that centralization
+ under Section 1407 in the Eastern District of Louisiana will best serve the con-
;venience of the parties and witnesses and promote the just and efficient conduct of
the litigation. These actions arise from the July 16, 1984 sinking of the M/V
ANTACUS which departed from Hamburg, Germany, on a westbound voyage for United Statesgulf ports with Stops in Bremerhaven, Germany and Antwerp, Belgium. Transfer under
=5 Section 1407 1s desirable in order to avoid duplicative discovery, prevent inconsis-
tent pretrial rulings, and conserve the resources of the parties, their counsel andthe judiciary. ,
We are persuaded that the Eastern District of Louisiana 1s the preferable trans-
feree forum. We note 1) that much of the cargo in the M/V ANTACUS was carried under
bills of lading for delivery in New Orleans, Louisiana; 2) that relevant documents
and United States witnesses are located there or nearby; and 3) that most of the
cargo claimants and other parties are already before the court in the Eastern	District of Louisiana.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the actions listed on
the attached Schedule A and pending in districts other than the Eastern District of
Louisiana be, and the same hereby are, transferred to the Eastern District of
Louisiana and, with the consent of that court, assigned to the Honorable George
Arceneayx, Jr., for coordinated or consolidated pretrial proceedings with the actionpending	*in that district and listed on Schedule A. :
FOR THE PANEL:
C drew A. Caffrey /Chairman
*¥ Judge Sam C. Pointer, Jr., took no part in the decision of this matter. :

: . Loe Case MDL No. 622 Document2 Filed 06/01/15 Page 2 of2
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) SCHEDULE A
- MDL-622 -- In re M/V_ANTACUS Sinking Off the Azores on July 16, 1984 C. Eastern District of Louisiana Tt
Pacific Fmployers Insurance Co., et al. v. Atlantic Lines, S.A., et al., :C.A. No. 84-3832 Sec.X Mag. 1, Sec.(®) i
Vo Southern District of New York
In the Matter of the Complaint of Astarte Shipping Co. and Chi Yuen Navigation Co.,Ltd., etc., C.A. No. 84-Civ-5350 (CLB)
Astarte Shipping Co., et al. v. Atlantic Lines & Navigation Co., Ltd., et al.,
C.A. No. 84-Civ-5535 (CLB)
: