303 F.Supp. 507 (Jud.Pan.Mult.Lit. 1969), 25, In re Concrete Pipe
|Citation:||303 F.Supp. 507|
|Party Name:||In re West of the Rockies CONCRETE PIPE Antitrust Cases.|
|Case Date:||August 28, 1969|
|Court:||United States Judicial Panel on Multidistrict Litigation|
Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM, [*] EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III,* and STANLEY A. WEIGEL, Judges of the Panel.
OPINION AND ORDER
On June 4, 1969 the majority of the defendants 1 in the State of Utah case filed a motion with the Panel to transfer
that case from the District of Utah to the Central District of California for assignment to Judge Martin Pence 2 for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407. After notice to all parties, a hearing was held in Denver on July 25, 1969 and all parties presented their arguments in support of, or in opposition to, the proposed transfer.
The moving defendants make a strong argument in support of their motion to transfer this case for coordinated or consolidated pretrial proceedings. They first point out that the West of the Rockies Pipe litigation involves more than 100 actions and more than 350 plaintiffs. These cases, originally filed in eight different district courts within the Ninth Circuit, have all been assigned to Judge Pence and he has actively supervised coordinated pretrial proceedings with the result that the earlier cases have now been settled.
We thought that this litigation was at an end 3 but the actions listed on Schedule A were all filed within the past year. With the exception of the State of Utah case these new cases will be automatically assigned to Judge Pence and their discovery will be coordinated by him. Judge Pence's familiarity with this litigation, the prior discovery and the problems relating thereto, is unequalled and we believe that the assignment of the State of Utah case to him will clearly serve the convenience of parties and witnesses and will promote the just and efficient conduct of these cases. 4
Since Judge Martin Pence has been assigned to many districts within the Ninth Circuit, coordinated or consolidated pretrial proceedings in the State of Utah case could be achieved by transferring that case to any of those districts. We believe the Central District of California is the most appropriate transferee court because original criminal proceedings were held there, substantial discovery and document...
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