In re Air Crash Disaster

TRANSFER ORDER

This litigation presently consists of nine actions pending in seven federal districts: two actions each in the Northern District of Illinois and Northern District of Iowa, and one action each in the Central District of California, Northern District of California, District of the District of Columbia, Northern District of Ohio and Eastern District of Pennsylvania.1 Before the Panel are two motions, pursuant to 28 U.S.C. § 1407, seeking to centralize this litigation in a single district for coordinated or consolidated pretrial proceedings.2 The first motion, brought by the plaintiff in the action pending in the District of the District of Columbia, seeks centralization in the Northern District of Iowa. Defendant United Airlines, Inc. (United) has presented a cross-motion; it seeks to centralize actions in the Northern District of Illinois. Several responding parties also suggest centralization in either the Eastern District of Pennsylvania, Northern District of Ohio, Northern District of California or Central District of California. No responding party opposes centralization under Section 1407. The only dispute among the parties concerns selection of the appropriate transferee forum.

On the basis of papers filed and the hearing held, the Panel finds that these actions involve common questions of fact and that centralization under Section 1407 in the Northern District of Illinois will best serve the convenience of parties and witnesses and promote the just and efficient conduct of this litigation. All actions share numerous questions of fact concerning the cause or causes of the July 19th air disaster. Centralization under Section 1407 is thus necessary in order to eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the Northern District of Illinois is the appropriate transferee forum. We note that this district is conveniently located for many parties and witnesses; that relevant documents can likely be found within this district at United’s headquarters; and that numerous related actions are pending in *133Illinois state court. Our transfer to the Northern District of Illinois could facilitate coordination among the federal and Illinois state court actions. See Manual for Complex Litigation, Second, § 31.3 (1985).

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on the following Schedule A and pending in districts other than the Northern District of Illinois be, and the same hereby are, transferred to the Northern District of Illinois and, with the consent of that court, assigned to the Honorable Suzanne B. Conlon for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A.

SCHEDULE A

Central District of California

Deborah McKelvey v. United Airlines, et al, C.A. No. 89-5646-R

Northern District of California

Donald Musick, et al. v. United Airlines, et al, C.A. No. C-89-3483-AJZ

District of the District of Columbia

Eloy Gomez, etc. v. United Airlines, Inc., et al, C.A. No. 89-2225

Northern District of Iowa

Frederick Robinson, Jr., etc. v. McDonnell Douglas Corp., et al, C.A. No. C89-4074

Mark Alan Kauffman, et al. v. United Airlines, Inc., et al, C.A. No. C89-4080

Northern District of Ohio

Robert Manz v. United Airlines, Inc., et al, C.A. No. 89-CV-7433

Eastern District of Pennsylvania

William Thomas Mackin v. United Airlines, Inc., et al, C.A. No. 89-5475

Northern District of Illinois

Robin Walmsley, et al. v. United Airlines, Inc., et al, C.A. No. 89-C-6471

Louis Murray, et al. v. United Airlines, et al, C.A. No. 89-C-6856