867 F. Supp. 2d 1346
J.P.M.L.2012Background
- Five actions across five districts listed in Schedule A seek centralization under 28 U.S.C. §1407.
- All actions involve alleged defects in Louisiana-Pacific Trimboard siding products.
- Hart action in the Eastern District of North Carolina is the most advanced and was certified for class treatment.
- Movants filed the proposed transfer within the last four months; discovery in other actions is limited or undeveloped.
- Several actions share counsel and defendant is represented by common counsel across actions.
- Court denies centralization, citing significant procedural disparity and potential delay to the Hart action; informal cooperation deemed practicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to centralize under §1407 | Hart movants seek efficiency | Disparity in progress argues against centralization | Denied |
| Impact of stage disparity on centralization | Centralization should aid overall efficiency | Hart is far progressed; centralization would delay it | Denied |
| Effect of counsel overlap on cooperation | Overlap favors coordinated handling | Informal cooperation is feasible without centralization | Informal cooperation suffices; no centralization |
Key Cases Cited
- In re Qwest Commc’ns Int'l Inc., Sec. & ERISA Litig., 395 F.Supp.2d 1360 (J.P.M.L.2005) (centralization denied where pretrial progress was extensive)
- In re Table Saw Prods. Liab. Litig., 641 F.Supp.2d 1384 (J.P.M.L.2009) (centralization denied due to disparate stages and substantial advancement)
- In re CVS Caremark Corp. Wage and Hour Emp’t Practs Litig., 684 F.Supp.2d 1377 (J.P.M.L.2010) (primary purpose not to advance counsel interests; 1407 factors not met)
- Boehringer Ingelheim Pharm., Inc., Fair Labor Standards Act Litig., 763 F.Supp.2d 1377 (J.P.M.L.2011) (informal cooperation possible; avoid duplicative proceedings)