IN RE AIR CRASH DISASTER AT STAPLETON INT. AIRPORT, MDL No. 751.

• Court: United States Judicial Panel on Multidistrict Litigation
• Writing for the Court: PER CURIAM
• Citation: 683 F. Supp. 266
• Parties: In re AIR CRASH DISASTER AT STAPLETON INTERNATIONAL AIRPORT, DENVER, COLORADO, ON NOVEMBER 15, 1987.
• Docket Number: MDL No. 751.
• Decision Date: 14 April 1988

683 F. Supp. 266

In re AIR CRASH DISASTER AT STAPLETON INTERNATIONAL AIRPORT, DENVER, COLORADO, ON NOVEMBER 15, 1987.

MDL No. 751.

Judicial Panel on Multidistrict Litigation.

April 14, 1988.

683 F. Supp. 267

Before ANDREW A. CAFFREY, Chairman, ROBERT H. SCHNACKE, FRED DAUGHERTY, S. HUGH DILLIN, MILTON POLLACK, and LOUIS H. POLLAK,^* Judges of the Panel.

TRANSFER ORDER

PER CURIAM.

This litigation presently consists of nineteen actions pending in two federal districts: twelve actions in the District of Idaho and seven actions in the District of Colorado. Before the Panel is a motion, by defendants Continental Airlines, Inc. (Continental) and Texas Air, Inc. (Texas Air), to centralize the actions in this litigation, pursuant to 28 U.S.C. § 1407, in the District of Colorado for coordinated or consolidated pretrial proceedings.¹ Plaintiffs in six Colorado actions and defendant McDonnell Douglas Corporation support centralization in the District of Colorado. Plaintiffs in ten Idaho actions, and in one potential tag-along action pending in the District of Idaho, favor centralization in the District of Idaho.² Plaintiffs in one Idaho action, and in two potential tag-along actions pending in the District of Idaho, oppose centralization; alternatively, these plaintiffs would support centralization in the District of Idaho.

On the basis of the papers filed and the hearing held, the Panel finds that the actions in this litigation involve common questions of fact and that centralization under Section 1407 in the District of Colorado will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The actions share numerous factual questions concerning the cause or causes of the crash of Continental Flight 1713 on November 15, 1987, during an attempted takeoff at Denver's Stapleton International Airport. Centralization under Section 1407 is thus necessary in order to eliminate the possibility of duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the District of Colorado is the most appropriate transferee forum. We note that 1) the crash occurred in that district; 2) the aircraft wreckage is stored there; and 3) pertinent witnesses and documents may be found there.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on the following Schedule A and pending in the...