305 F. Supp. 3 | J.P.M.L. | 1969
OPINION AND ORDER
Following a hearing in Denver, Colorado on May 23, 1969 the Panel found that the civil actions comprising this litigation involved substantial common questions of fact and concluded that their transfer to a single district for coordinated or consolidated pretrial proceedings would be for the convenience of parties and witnesses and would promote the just and efficient conduct of these actions. On June 23, 1969 the Panel transferred twenty-six related actions
The above-captioned action was originally filed in the District of Kansas and the defendant has filed a motion with the Panel to add this action “to those already included in Docket No. 22.” We think it manifest that this action shares common questions of fact with the other actions included in this multidistrict litigation and have no doubt that it should be included in coordinated or consolidated pretrial proceedings being conducted by Judge Templar. Had this action been commenced outside of the District of Kansas, we would have undoubtedly used a conditional transfer order
It is therefore ordered that the instant motion is hereby denied without prejudice to the right of any party to request the transferee court to assign this action to Judge Templar for inclusion in coordinated or consolidated pretrial proceedings.
. Two actions brought against the Southern Railway Company in the District of South Carolina were not transferred as they were nearly ready for trial.
. A conditional transfer order is used to transfer actions commenced (or brought to the attention of the Panel) after the initial group of actions have been transferred for coordinated or consolidated pretrial proceedings. The new action is transferred to the previously designated transferee court on the basis of the prior hearing and for the reasons stated in the Panel’s initial opinion and order. The conditional transfer order is stayed ten days to allow any party to file its opposition to the proposed transfer. A hearing will be held if requested by any party. More than 150 tag-along cases, including five actions which are part of this litigation, have been transferred using this procedure.
. More than forty tag-along cases originally filed in transferee courts have been assigned to the Panel-designated judge by the transferee court itself.
. See Manual for Complex and Multidistrict Litigation, § 5.1, Clark Boardman Edition, p. 81-83; 1 (Pt. 2) Moore’s Federal Practice, p. 87-89; for discussion of assignment of related cases pending in a single district.