In re Bank of America Fiduciary Accounts Lit.

ORDER DENYING TRANSFER

This litigation currently consists of two actions pending in two federal districts. 1 Before the Panel is a motion by plaintiffs in the now-dismissed Missouri action, pursuant to 28 U.S.C. § 1407, seeking centralization for pretrial proceedings in the Eastern District of Missouri. Plaintiffs in the pending two actions support this Section 1407 motion. The New York plaintiff alternatively suggests the Southern District of New York as transferee district. Defendants 2 oppose centralization.

On the basis of the papers filed and hearing session held, the Panel finds that Section 1407 transfer would neither serve the convenience of the parties and witnesses nor further the just and efficient conduct of the litigation. Given the minimal number of actions involved in this docket, we are not persuaded that Section 1407 centralization is appropriate. See In re Scotch Whiskey, 299 F.Supp. 543, 544 (Jud.Pan.Mult.Lit. 1969). Alternatives to Section 1407 transfer exist that can minimize whatever possibilities there might be of duplicative discovery, inconsistent pretrial rulings, or both. See, e.g., In re Chromated Copper Arsenate (CCA) Treated Wood Products Liability Litigation, 188 F.Supp.2d 1380 (Jud.Pan.Mult.Lit. 2002); see also Manual for Complex Litigation, Fourth, § 20.14 (2004).

IT IS THEREFORE ORDERED that the motion, pursuant to 28 U.S.C. § 1407, for centralization of these actions is denied.